Case information
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28946
Her Majesty the Queen v. Daniel George Edgar
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-10-08 | Appeal closed | |
| 2003-09-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-09-26 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for British Columbia (Victoria), Number VO3379, dated October 4, 2001, heard on January 16, 2003, is dismissed. The Court of Appeal's decision to order a new sentencing hearing is confirmed. The hearing is to be determined in accordance with the principles set out in Johnson. Dismissed |
|
| 2003-03-27 | Order on miscellaneous motion, (BY DEPUTY REGISTAR) | |
| 2003-03-27 |
Decision on miscellaneous motion, DeRg, UPON APPLICATION by counsel on behalf of the intervener, the Attorney General of Canada, for an order permitting the filing of a recent decision of the British Columbia Court of Appeal in R. v. Muir dated February 3, 2003; IT IS HEREBY ORDERED THAT: The motion is granted. The recent decision of the British Columbia Court of Appeal in R. v. Muir dated February 3, 2003 will be placed before the Court, together with the responses to the motion filed on behalf of the respondents. Granted |
|
| 2003-03-24 | Submission of miscellaneous motion, DeRg | |
| 2003-03-17 | Reply to miscellaneous motion, (Letter Form), from R. Frater re: does not intent to file a reply (joint with 28945 - 29140 - 29083 - 29043), Completed on: 2003-03-17 | Attorney General of Canada |
| 2003-03-14 | Response to miscellaneous motion, (joint with 28945 and 29043), Completed on: 2003-03-14 | Daniel George Edgar |
| 2003-03-07 | Notice of miscellaneous motion, to file a supplemental authority (12 copies) (joint with 28945 - 29140 - 29083 - 29043), Completed on: 2003-03-07 | Attorney General of Canada |
| 2003-01-27 | Transcript received, (166 pp.) (joint with/avec 28945, 29043, 29083, 29140) | |
| 2003-01-16 | Acknowledgement and consent for video taping of proceedings | |
| 2003-01-16 | Judgment reserved OR rendered with reasons to follow | |
| 2003-01-16 |
Hearing of the appeal, 2003-01-16, (V006/V007), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-01-15 | Respondent's condensed book, 13 copies (joint with/avec 28945) | Daniel George Edgar |
| 2003-01-10 | Supplemental document, letter from G. Tomljanovic dated 01-08-03 re: enclosing two additional authorities / lettre de G. Tomljanovic en date du 01-08-03 re: incluant deux autorités additionnelles (joint 28945) | Attorney General of Alberta |
| 2003-01-07 | Notice of appearance, (Letter Form), of Robert J. Frater and David Schermbrucker (fax), dated 01/07/03. | Attorney General of Canada |
| 2003-01-07 |
Decision on motion to extend time, to file the appellant's suppl. authorities to 19-12-02/pour produire des sources suppl. de l'appelante (joint with/avec 28946, 29043, 29083, 29140, 28945), Reg Granted |
|
| 2003-01-07 | Submission of motion to extend time, Reg | |
| 2002-12-19 | Motion to extend time, (to file the suppl. authorities/pour produire des sources additionnelles)(joint with/avec 28945, 29043, 29083, 29140), Completed on: 2002-12-19 | Her Majesty the Queen |
| 2002-12-19 | Appellant's book of authorities, (suppl.)(joint with/avec 29043, 28945, 29083, 29140), Completed on: 2002-12-19 | Her Majesty the Queen |
| 2002-12-13 | Order on motion for leave to intervene, (15 MINUTES EACH GRANTED TO A.G.-CANADA & A.G.-ALBERTA BY MAJOR J.) | |
| 2002-12-05 | Correspondence received from, Gowlings (12-05-02) time allocation / temps de plaidoirie | Daniel George Edgar |
| 2002-12-05 | Correspondence received from, (fax) R. Frater (12-05-02) accepts proposed oral argument; accepte plaidoirie orale | Attorney General of Canada |
| 2002-12-02 | Correspondence received from, W. Ehrcke (12-02-02) time allocation / temps de plaidoirie | Her Majesty the Queen |
| 2002-11-29 | Correspondence (sent by the Court) to, Toutes parties; estimation du temps - All parties; time estimate | |
| 2002-11-29 |
Appeal hearing scheduled, 2003-01-16 Judgment reserved |
|
| 2002-11-26 | Correspondence received from, W. Ehrcke (11-21-02) time allocation / temps de plaidoirie | Her Majesty the Queen |
| 2002-11-22 | Correspondence received from, (by fax) William F. Ehrcke; re: time estimate for oral submission - 2 hours + time for reply; way of proceeding for oral submissions for the 5 appeals | Her Majesty the Queen |
| 2002-11-21 | Correspondence received from, (e-mail) Gowlings; re: respondents' counsel in all 5 appeals will take a total of 3 hours and 30 mins. | Daniel George Edgar |
| 2002-11-21 | Order on motion to extend time | |
| 2002-11-21 |
Decision on motion to extend time, DeRg, to serve and file the respondent's factum and book of authorities to October 7, 2002. Granted |
|
| 2002-11-21 | Submission of motion to extend time, DeRg | |
| 2002-11-08 | Response to motion to extend time, (Letter Form), (by fax) dated Nov. 8/02 from Burke-Robertson (joint with 28946), Completed on: 2002-11-08 | Her Majesty the Queen |
| 2002-11-06 | Motion to extend time, to file the respondent's factum & authorities to Oct. 7/02 (joint with 28945), Completed on: 2002-11-06 | Daniel George Edgar |
| 2002-11-01 | Book of authorities, (joint with 28945), Completed on: 2002-11-01 | Attorney General of Alberta |
| 2002-11-01 | Intervener's factum, (joint with 28945), Completed on: 2002-11-01 | Attorney General of Alberta |
| 2002-10-07 | Respondent's book of authorities, vol. I & II (joint with 28945), Completed on: 2002-11-06 | Daniel George Edgar |
| 2002-10-07 | Respondent's factum, (joint with 28945), Completed on: 2002-11-06 | Daniel George Edgar |
| 2002-09-26 | Order issued on motion for a stay of execution, (by Bastarache J.) | |
| 2002-09-26 |
Decision on the motion for a stay of execution, Ba, UPON APPLICATION by appellant Her Majesty The Queen for a stay of the Court of Appeal's judgments dated October 4, 2001ordering new sentence hearings; AND HAVING READ the material filed ; IT IS HEREBY ORDERED THAT: The application for a stay is granted. Granted |
|
| 2002-09-26 | Submission of motion for a stay of execution, Ba | |
| 2002-09-18 | Response to the motion for a stay of execution, (Letter Form), from G. McKinnon dated Sept. 13/02, Completed on: 2002-09-18 | Daniel George Edgar |
| 2002-09-18 | Motion for a stay of execution, (joint with 28945), Completed on: 2002-09-18 | Her Majesty the Queen |
| 2002-08-19 | Appeal perfected for hearing, Session beginning on 2003-01-13 | |
| 2002-08-02 | Book of authorities, (See decision of July 5/02 - joint with 28945 - 29140 - 29083 - 29043), Completed on: 2002-08-02 | Attorney General of Canada |
| 2002-08-01 | Intervener's factum, (See decision of July 5/02 - joint with 28945 - 29140 - 29083 - 29043), Completed on: 2002-08-01 | Attorney General of Canada |
| 2002-07-05 | Order on motion for leave to intervene, (by the Court) | |
| 2002-07-05 |
Decision on the motion for leave to intervene, Ma, The motion for an extension of time and for leave to intervene of the applicant ATTORNEY GENERAL OF CANADA is granted and the applicant shall be entitled to serve and file a joint factum not to exceed 20 pages in length. The intervener shall serve and file its factum in all five appeals no later than six (6) weeks after the appellant serves and files its factums in Johnson (28945) and Edgar (28946) and the respondents in these said two (2) appeals shall serve and file their factums no later than six (6) weeks after the intervener serves and files its factum. The respondents in Kelly (29140), Mitchell (29083) and Smith (29043) shall serve and file their factums whichever is the later of a) eight (8) weeks after that of the appellant or b) six (6) weeks after that of the intervener. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED DECEMBER 13, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted |
|
| 2002-07-05 |
Decision on motion to extend time, Ma, to serve and file a motion to intervene by the Attorney General of Canada (see decision of motion to intervene). Granted |
|
| 2002-07-05 | Submission of motion for leave to intervene, Ma | |
| 2002-07-05 | Submission of motion to extend time, Ma | |
| 2002-07-03 | Response to the motion for leave to intervene, (conditional - joint with 28945 - 29043 - 29083 - 29140), Completed on: 2002-07-03 | Daniel George Edgar |
| 2002-06-27 | Response to motion to extend time, (1 copy), Completed on: 2002-06-27 | Her Majesty the Queen |
| 2002-06-27 | Correspondence received from, W. Ehrcke dated June 21, 2002 re: publication ban (joint with 28945) | Her Majesty the Queen |
| 2002-06-24 | Motion to extend time, to serve and file the Motion to Intervene to June 12/02 (joint with 28945), Completed on: 2002-06-24 | Attorney General of Canada |
| 2002-06-24 | Appellant's book of authorities, (joint with 28945 - 29043 - 29083 - 29140), Completed on: 2002-06-24 | Her Majesty the Queen |
| 2002-06-24 | Appellant's factum, Completed on: 2002-06-24 | Her Majesty the Queen |
| 2002-06-19 | Response to the motion for leave to intervene, Completed on: 2002-06-19 | Her Majesty the Queen |
| 2002-06-17 | Appellant's record, Vol. I to VI, Completed on: 2002-06-26 | Her Majesty the Queen |
| 2002-06-11 | Motion for leave to intervene, (extension of time requested), Completed on: 2002-06-11 | Attorney General of Canada |
| 2002-06-10 | Correspondence received from, (by fax) Burke-Robertson; re: 5 appeals should be heard together - propose to file a main factum (Johnson 28945) and file brief factums on the unique facts and/or aspects in the other four matters | Her Majesty the Queen |
| 2002-05-30 | Order on motion for leave to intervene, (by Major J.) | |
| 2002-05-30 |
Decision on the motion for leave to intervene, Ma, by the ATTORNEY GENERAL OF ALBERTA. The factum is limited to 20 pages. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES ORAL ARGUMENT GRANTED DECEMBER 13, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2002-05-30 | Submission of motion for leave to intervene, Ma | |
| 2002-04-17 | Motion for leave to intervene, 2 copies, Completed on: 2002-04-17 | Attorney General of Alberta |
| 2002-02-25 | Order granting leave to appeal | |
| 2002-02-21 | Notice of appeal, Completed on: 2002-02-21 | Her Majesty the Queen |
| 2002-02-20 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Jan. 16/03) | |
| 2002-02-18 | Correspondence received, from J. Blazina dated Feb. 15, 2002, counsel for the Respondent in 29043 re: similar issue with 28945 and 29043 | |
| 2002-02-15 | Notice of deposit of judgment issued to all parties | |
| 2002-02-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted |
|
| 2002-01-21 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-01-15 | Correspondence received from, H. Brown dated Jan. 15, 2002 re: supports the Crown's request for an expedited resolution | Daniel George Edgar |
| 2002-01-10 | Correspondence received from, R.E. Houston, Q.C. dated Jan. 10/02 re: seeking to expedite leave applications and enclosing Affidavit (joint with 28945) | Her Majesty the Queen |
| 2002-01-10 | Correspondence received from, G.J. Fitch dated Jan. 10/02 re: publication ban and to expedite leave application (joint with 28945) | Her Majesty the Queen |
| 2002-01-09 | Order on motion to extend time | |
| 2002-01-09 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to Jan. 11, 2002. Granted, no order as to costs |
|
| 2002-01-09 | Submission of motion to extend time, Reg | |
| 2002-01-09 | Applicant's reply to respondent's argument, (Letter Form), from B. MacLean dated Jan. 7, 2002 (fax copy)(joint with 28945) re: will not be filing a reply, Completed on: 2002-01-09 | Her Majesty the Queen |
| 2002-01-07 | Response to motion to extend time, (Letter Form), from B. MacLean dated Jan. 3, 2002, Completed on: 2002-01-07 | Her Majesty the Queen |
| 2002-01-07 | Motion to extend time, to file the response to Jan. 11, 2002 (1 copy), Completed on: 2002-01-08 | Daniel George Edgar |
| 2002-01-07 | Respondent's response on the application for leave to appeal, Completed on: 2002-01-07 | Daniel George Edgar |
| 2001-12-19 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2001-11-28 | Application for leave to appeal, (C.A. order missing - filed on Dec. 28), Completed on: 2001-12-28 | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Edgar, Daniel George | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Beverly MacLean
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Edgar, Daniel George
Counsel
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 681-7888
FAX: (604) 681-7877
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Alberta
Counsel
Appeals & Criminal Law Policy
1620 - 639, 5 Avenue S.W.
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-5241
FAX: (403) 297-3453
Email: goran.tomljanovic@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
David Schermbrucker
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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Lower court rulings
Provincial Court of British Columbia
19425
Conviction: sexual assault; Sentence: Respondent declared a dangerous offender, indeterminate sentence imposed
Court of Appeal for British Columbia (Victoria)
VO3379
Appeal allowed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
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