Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30081
Cecil Decorte v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-04-27 | Appeal closed | |
| 2005-02-25 |
Written reasons rendered after oral judgment, CJ Ma Ba Bi LeB De F Dismissed |
|
| 2004-12-15 | Transcript received, (30 pages) | |
| 2004-12-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-12-10 | Judgment reserved OR rendered with reasons to follow | |
| 2004-12-10 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F, The appeal from the judgment of the Court of Appeal for Ontario, Number C39020, dated September 12, 2003, was heard this day and the following judgment was rendered orally: The Chief Justice – It is not necessary to call on you Mr. Fairburn. The Court is prepared to give its judgment now. We are all in agreement that the appeal should be dismissed, reasons to follow. Dismissed |
|
| 2004-12-10 | Acknowledgement and consent for video taping of proceedings, from all parties . | |
| 2004-12-10 |
Hearing of the appeal, 2004-12-10, CJ Ma Ba Bi LeB De F Judgment rendered |
|
| 2004-09-14 | Order on motion to extend time | |
| 2004-09-14 |
Decision on motion to extend time, Bi, to serve and file the respondent's factum and book of authorities to Sept. 13/04 and for oral argument at the hearing of the appeal Granted |
|
| 2004-09-14 | Submission of motion to extend time, Bi | |
| 2004-09-13 | Response to motion to extend time, of K. Koziebrocki and R. Houston (included in the motion), Completed on: 2004-09-13 | Her Majesty the Queen |
| 2004-09-13 | Motion to extend time, to file the factum and authorities to Sept. 13, 2004, Completed on: 2004-09-13 | Her Majesty the Queen |
| 2004-09-13 | Respondent's book of authorities, Completed on: 2004-09-13 | Her Majesty the Queen |
| 2004-09-13 | Respondent's factum, Completed on: 2004-09-13 | Her Majesty the Queen |
| 2004-09-08 | Appeal perfected for hearing | |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-16 | Appellant's book of authorities, Completed on: 2004-07-16 | Cecil Decorte |
| 2004-07-15 |
Appeal hearing scheduled, 2004-12-10 Judgment rendered |
|
| 2004-07-09 | Appellant's factum, Completed on: 2004-07-09 | Cecil Decorte |
| 2004-06-21 | Appellant's record, Completed on: 2004-06-21 | Cecil Decorte |
| 2004-04-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-04-21 | Notice of appeal, Completed on: 2004-04-21 | Cecil Decorte |
| 2004-03-26 | Judgment on leave sent to the parties | |
| 2004-03-25 |
Judgment of the Court on the application for leave to appeal, The motion to extend the time and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C39020, dated September 12, 2003, are granted. Granted |
|
| 2004-03-25 |
Decision on motion to extend time to file and /or serve the leave application, The motion to extend time is granted. Granted |
|
| 2004-02-02 | Submission of motion to extend time to file and/ or serve the leave application, CJ Ma F | |
| 2004-02-02 | All materials on application for leave submitted to the Judges, CJ Ma F | |
| 2004-01-02 | Respondent's response on the application for leave to appeal, Completed on: 2004-01-02 | Her Majesty the Queen |
| 2003-12-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-12-03 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from Michal Fairburn dated Oct 2/03 -included in leave application., Completed on: 2003-12-03 | Her Majesty the Queen |
| 2003-12-03 | Application for leave to appeal, Completed on: 2003-12-11 | Cecil Decorte |
| 2003-12-03 | Motion to extend the time to file and or serve the application for leave to appeal, Submitted in application- consent recvd by letter Dec 3/03, Completed on: 2003-12-03 | Cecil Decorte |
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 |
|---|---|---|
| Decorte, Cecil | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Decorte, Cecil
Counsel
Toronto, Ontario
M5H 3K6
Telephone: (416) 364-7292
FAX: (416) 364-7473
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
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.
On November 25, 2000, two First Nations Constables employed by the Anishinabek Police Service set up a R.I.D.E. programme check stop just outside the lands of the Fort William First Nation on a street within the boundaries of the City of Thunder Bay. The R.I.D.E. stop was set up abutting the Fort William Reserve, at a location where people would access and leave the reserve. The Appellant’s vehicle was stopped. He was detained and arrested.
The Appellant was charged with refusing to comply with a breath demand pursuant to s. 254(5) of the Criminal Code and breach of recognizance. The Appellant was acquitted of the refusal charge, but convicted of failing to comply with a recognizance prohibiting him from purchasing, being in the possession of or consuming alcohol and requiring him to be in an alcohol free residence between 4:00 p.m. and 10:00 a.m. The Appellant was sentenced to 9 months imprisonment. The appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
01-000092
Appellant convicted of failing to comply with recognizance contrary to s. 145(3) of the Criminal Code; sentenced to 9 months imprisonment
Court of Appeal for Ontario
C39020
Appeal against conviction and sentence dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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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