Case information
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29872
In the Matter of an Application Under s. 83.28 of the Criminal Code v.
(British Columbia) (Criminal) (Reference)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-01-04 | Appeal closed | |
| 2005-01-04 | Record returned to the Registrar of the Court of Appeal | |
| 2004-12-24 | Correspondence received, from M.E. Pearce (Deputy District Registrar) dated Dec. 16, 2004, requests that sealed materials be returned. | |
| 2004-07-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-06-23 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgment of the British Columbia Supreme Court, Number BL0318, dated July 21, 2003, heard on December 10 and 11, 2003, is dismissed, Binnie, LeBel and Fish JJ. dissenting. The order of this Court sealing the file in this case is lifted to the extent of the information disclosed in the reasons. The parties are at liberty to apply to the Court for any appropriate order regarding the disposition of any part of the file in this case that remains under seal. The constitutional questions are answered as follows: 1. Does s. 83.28 of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? No. LeBel and Fish JJ. find it unnecessary to answer that question. 2. If so, is the infringement a reasonable limit, prescribed by law, as can be demonstrably justified in a free and democratic society under s. 1 of the Charter? It is not necessary to answer this question. 3. Does s. 83.28 of the Criminal Code infringe the principles of judicial independence and impartiality guaranteed by s. 11(d) of the Charter? No. LeBel and Fish JJ. find it unnecessary to answer this question. 4. If so, is the infringement a reasonable limit, prescribed by law, as can be demonstrably justified in a free and democratic society under s. 1 of the Charter? It is not necessary to answer this question. 5. Does s. 83.28 of the Criminal Code infringe the principles of independence and impartiality established by the Preamble to the Constitution Act, 1867? No. LeBel and Fish JJ. would answer yes. Dismissed |
|
| 2003-12-10 | Judgment reserved OR rendered with reasons to follow | |
| 2003-12-10 |
Hearing of the appeal, 2003-12-10, CJ Ia Ma Ba Bi Arb LeB De F Judgment reserved |
|
| 2003-11-26 |
Appeal hearing scheduled, 2003-12-10 Judgment reserved |
|
| 2003-11-24 | Correspondence received, from M.E. Pearce (Deputy District Registrar) dated Nov. 21, 2003 re: ensure sealed documents be kept in secure area and returned via bonded courier. | |
| 2003-11-20 | Appeal perfected for hearing | |
| 2003-08-11 |
Judgment of the Court on the application for leave to appeal Granted |
|
| 2003-08-06 | All materials on application for leave submitted to the Judges, Ma Arb LeB | |
| 2003-07-25 | Application for leave to appeal, Completed on: 2003-07-25 | In the Matter of an Application Under s. 83.28 of the Criminal Code |
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 |
|---|---|---|
| In the Matter of an Application Under s. 83.28 of the Criminal Code | Applicant | Active |
Counsel
Party: In the Matter of an Application Under s. 83.28 of the Criminal Code
This party is not represented by counsel.
Summary
Keywords
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Summary
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Lower court rulings
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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.
Downloadable PDFs
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