Case information
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31283
Eric Andrew Clark v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2006-04-11 | Close file on Leave | |
| 2006-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-04-07 | Judgment on leave sent to the parties | |
| 2006-04-06 |
Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time to file and serve the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C30313, dated June 20, 2001, is dismissed. Dismissed |
|
| 2006-03-06 | All materials on application for leave submitted to the Judges, LeB F Abe | |
| 2006-03-06 | Submission of motion to extend time to file and/ or serve the leave application, LeB F Abe | |
| 2006-02-22 | Applicant's reply to respondent's argument, Completed on: 2006-02-22 | Eric Andrew Clark |
| 2006-02-15 | Respondent's response on the application for leave to appeal, Completed on: 2006-02-15 | Her Majesty the Queen |
| 2006-01-17 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-01-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in application for leave to appeal), Completed on: 2006-01-16 | Eric Andrew Clark |
| 2006-01-16 | Application for leave to appeal, Completed on: 2006-01-16 | Eric Andrew Clark |
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 |
|---|---|---|
| Clark, Eric Andrew | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Clark, Eric Andrew
Counsel
Breese Davies
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
Agent
200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 231-1004
FAX: (613) 231-4760
Party: Her Majesty the Queen
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: howard.liebovich@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.
Criminal law - Sentence - Whether the fact that the Applicant was declared a dangerous offender in 1998 without consideration of the application of the long-term offender provisions amounts to a miscarriage of justice.
Clark pled guilty and was found guilty of twenty sexual offences in relation to charges of twenty different complainants, all whom were young boys at the relevant time. After conviction, Clark's bail was revoked and he was remanded in custody. The Crown indicated that it sought to bring an application to have Clark declared a dangerous offender. The matter was adjourned to allow Crown counsel to obtain the Attorney General's consent. On September 5, 1996, a second information, marked "Duplicate Information", was placed before the court alleging twenty sexual offences in relation to the same incidents alleged in the May 7 information. Crown counsel indicated that the new information was necessary because the earlier information charged Clark with offences under the Criminal Code that were not enacted at the time. The new charges related to the same twenty complainants and covered precisely the same conduct as alleged in the earlier information. Clark was arraigned on the new information and entered guilty pleas. The facts were read into the record, on consent, and Clark was convicted on all counts. By inadvertence, Clark's guilty pleas on the earlier information were not struck, his convictions were not set aside, and the charges were not withdrawn. The dangerous offender hearing commenced on December 18, 1997 and proceed intermittently over several months. On July 10, 1998, Clark was found to be a dangerous offender and was sentenced to an indeterminate period of incarceration. Both informations before the court were marked accordingly. Clark appealed from this finding and from the sentence.
Lower court rulings
Ontario Superior Court of Justice
Applicant declared a dangerous offender and sentenced to an indeterminate sentence under the provisions of s. 753 of the Criminal Code
Court of Appeal for Ontario
C30313
Applicant's appeal of dangerous offender designation dismissed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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