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.
30302
R.W.C., a young person within the meaning of the Youth Criminal Justice Act v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 2005-11-02 | Appeal closed | |
| 2005-10-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-10-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-10-28 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 203401, dated February 17, 2004, heard on April 20, 2005, is allowed and the order of the Supreme Court of Nova Scotia (Family Division) is restored, Bastarache, LeBel, Abella and Charron JJ. dissenting. Allowed |
|
| 2005-05-05 | Transcript received, 93 pages | |
| 2005-04-20 | Judgment reserved OR rendered with reasons to follow | |
| 2005-04-20 | Supplemental document, Condensed book submitted in Court (14 copies) | Attorney General of Alberta |
| 2005-04-20 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2005-04-20 | Appellant's condensed book, Submitted in Court (14 copies) | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-04-20 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-04-20 |
Hearing of the appeal, 2005-04-20, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-04-06 | Notice of appearance, Chandra Gosine will be present at the hearing. | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-04-04 | Correspondence received from, R. E. Houston, Q.C. dated April 2/05 re: error at p. 19 par. 34 of factum and enclosing revised page 19 with service (sent to the judges April 5/05) | Attorney General of Ontario |
| 2005-03-31 | Notice of appearance, Peter P. Rosinski and William D. Delaney will be present at hearing. | Her Majesty the Queen |
| 2005-03-29 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2005-03-29 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the intervener, the Attorney General of Ontario, for an order extending the time to serve and file the motion to state constitutional questions, for an order stating constitutional questions and for an order adjourning the hearing in the above appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The application for an extension of time is granted and the motion to state constitutional questions is dismissed. The application for an adjournment is dismissed. Dismissed |
|
| 2005-03-24 | Submission of motion to state a constitutional question, CJ | |
| 2005-03-24 | Response to the motion to state a constitutional question, (Letter Form), (e-mail) from P.P. Rosinski, Completed on: 2005-03-24 | Her Majesty the Queen |
| 2005-03-22 | Response to the motion to state a constitutional question, Completed on: 2005-03-22 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-03-22 |
Order by, LeB, FURTHER TO THE ORDER of LeBel J. dated February 22, 2005, granting leave to intervene to the Attorney General of Ontario, the Attorney General of British Columbia, the Attorney General of Alberta and the Canadian Foundation for Children, Youth and the Law; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2005-03-18 | Book of authorities, (Vol. I to III), Completed on: 2005-03-18 | Attorney General of Ontario |
| 2005-03-18 | Intervener's factum, Completed on: 2005-03-18 | Attorney General of Ontario |
| 2005-03-18 | Book of authorities, Completed on: 2005-03-18 | Canadian Foundation for Children Youth and the Law |
| 2005-03-18 | Intervener's factum, Completed on: 2005-03-18 | Canadian Foundation for Children Youth and the Law |
| 2005-03-18 | Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated March 18/05, Completed on: 2005-03-18 | Attorney General of Alberta |
| 2005-03-17 | Book of authorities, Completed on: 2005-03-17 | Attorney General of British Columbia |
| 2005-03-17 | Intervener's factum, Completed on: 2005-03-17 | Attorney General of British Columbia |
| 2005-03-16 | Book of authorities, Completed on: 2005-03-16 | Attorney General of Alberta |
| 2005-03-16 | Intervener's factum, Completed on: 2005-03-16 | Attorney General of Alberta |
| 2005-03-16 | Motion to state a constitutional question, and to adjourn the hearing to the Fall session (joint with an extension of time), Completed on: 2005-03-18 | Attorney General of Ontario |
| 2005-03-16 | Correspondence received from, Robert E. Houston, Q.C. dated March 15/05 re: will apply to have a constitutional question | Attorney General of Ontario |
| 2005-03-14 | Correspondence received from, Mr. Grace re: Pages to be inserted in Respondent's Factum (pages inserted in Factum on March 15/05) | Her Majesty the Queen |
| 2005-03-07 | Respondent's book of authorities, Completed on: 2005-03-08 | Her Majesty the Queen |
| 2005-03-07 | Respondent's factum, Completed on: 2005-03-08 | Her Majesty the Queen |
| 2005-03-04 | Appeal perfected for hearing | |
| 2005-03-02 | Notice of hearing sent to parties | |
| 2005-03-02 |
Appeal hearing scheduled, 2005-04-20, (Previously Apr. 15/05) Judgment reserved |
|
| 2005-02-22 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2005-02-22 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 18, 2005. The motion for leave to intervene of the applicant, Attorney General of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 18, 2005. The motion for leave to intervene of the applicant, Attorney General of Alberta, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 18, 2005. The motion for leave to intervene of the applicant, Canadian Foundation for Children, Youth and the Law, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 18, 2005. The request to present oral argument is deferred to a date following the perfecting of the appeal. The interveners shall not be entitled to raise new issues or adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2005-02-22 | Submission of motion for leave to intervene, LeB | |
| 2005-02-15 | Response to the motion for leave to intervene, (Letter Form), from Marie-France Major dated Feb. 15/05 (by Can. Foundation for Children...), Completed on: 2005-02-15 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-02-11 | Reply to the motion for leave to intervene, Completed on: 2005-02-11 | Attorney General of Alberta |
| 2005-02-09 | Response to the motion for leave to intervene, (by A.G. B.C.), Completed on: 2005-02-09 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-02-08 | Response to the motion for leave to intervene, (Letter Form), from Stephen J. Grace dated Feb. 7/05, Completed on: 2005-02-08 | Her Majesty the Queen |
| 2005-02-07 | Response to the motion for leave to intervene, re: intervention by A.G. Alberta, Completed on: 2005-02-07 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-02-04 | Motion for leave to intervene, Completed on: 2005-02-04 | Attorney General of British Columbia |
| 2005-02-04 | Response to the motion for leave to intervene, (Letter Form), from Stephen J. Grace dated Feb. 2/05, Completed on: 2005-02-04 | Her Majesty the Queen |
| 2005-02-03 | Motion for leave to intervene, (bookform), Completed on: 2005-02-03 | Canadian Foundation for Children Youth and the Law |
| 2005-02-03 | Response to the motion for leave to intervene, (Letter Form), from Stephen J. Grace dated Feb. 2/025 (by A.G. Alberta), Completed on: 2005-02-03 | Her Majesty the Queen |
| 2005-01-31 | Motion for leave to intervene, Completed on: 2005-02-01 | Attorney General of Alberta |
| 2005-01-31 | Reply to the motion for leave to intervene, (Letter Form), from John McInnes dated Jan. 31/05, Completed on: 2005-01-31 | Attorney General of Ontario |
| 2005-01-27 | Response to the motion for leave to intervene, (Letter Form), from S. Grace dated Jan. 26, 2005, Completed on: 2005-01-27 | Her Majesty the Queen |
| 2005-01-26 | Response to the motion for leave to intervene, 3 copies, Completed on: 2005-01-26 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-01-18 | Motion for leave to intervene, Completed on: 2005-01-18 | Attorney General of Ontario |
| 2005-01-13 | E-filing e-mail confirmation, (Appellant's Record) | |
| 2005-01-13 | E-filing e-mail confirmation, (Appellant's Factum) | |
| 2005-01-13 | E-filing e-mail confirmation, (Book of authorities) | |
| 2005-01-07 | Affidavit of service - e-filing, (Appellant's Record) | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-01-07 | Appellant's record, Completed on: 2005-01-07 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-01-07 | Affidavit of service - e-filing, (Appellant's Factum) | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-01-07 | Appellant's factum, Completed on: 2005-01-07 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-01-07 | Affidavit of service - e-filing, (Book of authorities) | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2005-01-07 | Book of authorities, Completed on: 2005-01-07 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2004-11-05 | Notice of appeal, Completed on: 2004-11-05 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2004-11-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-10-08 | Judgment on leave sent to the parties | |
| 2004-10-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 203401, dated February 17, 2004, is granted. Granted |
|
| 2004-07-12 | All materials on application for leave submitted to the Judges, Ma Bi F | |
| 2004-05-25 | Applicant's reply to respondent's argument, Completed on: 2004-05-25 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
| 2004-05-14 | Respondent's response on the application for leave to appeal, Completed on: 2004-05-14 | Her Majesty the Queen |
| 2004-05-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-04-19 | Application for leave to appeal, Completed on: 2004-05-07 | R.W.C., a young person within the meaning of the Youth Criminal Justice Act |
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 |
|---|---|---|
| R.W.C., a young person within the meaning of the Youth Criminal Justice Act | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Canadian Foundation for Children Youth and the Law | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: R.W.C., a young person within the meaning of the Youth Criminal Justice Act
Counsel
2830 Agricola Street
Halifax, Nova Scotia
B3K 4E4
Telephone: (902) 420-3451
FAX: (902) 420-2873
Email: chandra.gosine@nslegalaid.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen
Counsel
1225 - 1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-4589
FAX: (902) 424-0653
Email: rosinspp@gov.ns.ca
Agent
Suite 1625
50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.com
Party: Attorney General of Ontario
Counsel
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4594
FAX: (416) 326-4656
Email: john.mcinnes@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Alberta
Counsel
9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: james.robb@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: Canadian Foundation for Children Youth and the Law
Counsel
Martha Mackinnon
415 Yonge Street
Suite 1203
Toronto, Ontario
M5B 2E7
Telephone: (416) 920-1633
FAX: (416) 920-5855
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: Attorney General of British Columbia
Counsel
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: kate.ker@gems5.gov.bc.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.
The Appellant pleaded guilty to a charge of assault with a weapon as a result of an incident that occurred when he was 13 years of age. On the morning in question, when the Appellant's mother tried to wake him up to go to school, he stabbed her in the foot with a pen. He was given a sentence of four months probation with conditions. The Crown applied for an order authorizing the taking of a DNA sample for forensic analysis under s. 487.051 of the Criminal Code. The application was made in conjunction with the Appellant's conviction for assault with a weapon, which under the DNA Identification Act, S.C. 1998, c. 37, was a designated offence requiring the taking of a sample. The Appellant argued that he was excepted from the requirement on the basis that the impact on his privacy and security of the person was grossly disproportionate to the public interest in the protection of society and the proper administration of justice. The trial judge determined that the exception in s. 487.051(2) applied and that the Appellant was not required to give a DNA sample. The Court of Appeal overturned this decision.
Lower court rulings
Supreme Court of Nova Scotia (Family Division)
2003 NSSF 031
Respondent's application under s. 487.051 of the Criminal Code for DNA sample dismissed
Nova Scotia Court of Appeal
CAC 203401
Appeal allowed; order for DNA sample issued
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
Not available
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
Not available
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
Not available