Case information
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31460
Her Majesty the Queen v. D.B.
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-05-21 | Appeal closed | |
| 2008-05-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-05-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-05-16 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C42719 and C42923, dated March 24, 2006, heard on October 10, 2007, is dismissed, Bastarache, Deschamps, Charron and Rothstein JJ. dissenting in part Dismissed |
|
| 2007-12-05 | Media lock-up request accepted, From both parties | |
| 2007-12-05 | Media lock-up consent form received from, Alex Alvaro dated November 28, 2007. | Her Majesty the Queen |
| 2007-11-22 | Media lock-up consent form received from, Dean D. Paquette dated Nov. 20, 2007 | D.B. |
| 2007-11-08 | Media lock-up requested or proposed | |
| 2007-10-25 | Transcript received, (112 pages) | |
| 2007-10-10 | Judgment reserved OR rendered with reasons to follow | |
| 2007-10-10 | Intervener's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2007-10-10 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-10-10 |
Hearing of the appeal, 2007-10-10, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-10-02 | Notice of appearance, Cheryl Milne and LeeAnn Chapman will be present at the hearing. | Justice for Children and Youth |
| 2007-10-01 | Notice of appearance, Peter P. Rosinsky will be present at the hearing | Attorney General of Nova Scotia |
| 2007-10-01 | Notice of appearance, Diana M. Cameron will be present at the hearing | Attorney General of Manitoba |
| 2007-10-01 | Notice of appearance, Dean D. Paquette and Paola Konge will be present at the hearing | D.B. |
| 2007-09-27 | Notice of appearance, Janet Henchey will be present at the hearing. | Attorney General of Canada |
| 2007-09-25 | Notice of appearance, Alexander Alvaro and Deborah Krick will be present at the hearing. | Her Majesty the Queen |
| 2007-09-20 | Notice of appearance, Jean-Yves Bernard and Isabelle Fortin will be present at the hearing. | Attorney General of Quebec |
| 2007-09-12 | Notice of appearance, Joyce DeWitt-Van Oosten will be present at the hearing. | Attorney General of British Columbia |
| 2007-08-20 | Order on motion for additional time to present oral argument | |
| 2007-08-20 |
Decision on motion for additional time to present oral argument, CJ, À LA SUITE DE LA DEMANDE de l’intervenant Procureur général du Québec pour une ordonnance lui allouant 30 minutes de plaidoirie orale lors de l’audition de l’appel; ET APRÈS AVOIR LU la documentation déposée; L’ORDONNANCE SUIVANTE EST RENDUE : La requête est rejetée. Dismissed |
|
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-10-10, (previously June 12, 2007) Judgment reserved |
|
| 2007-08-14 | Submission of motion for additional time to present oral argument, CJ | |
| 2007-08-13 | Response to the motion for additional time to present oral argument, e-mail from Gowlings dated Aug. 13/07, Completed on: 2007-08-13 | D.B. |
| 2007-07-18 |
Order by, Ro, FURTHER TO THE ORDER dated May 7, 2007, in which Rothstein J. granted leave to intervene to Justice for Children and Youth; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2007-07-03 | General proceeding, (notice of change of agent)(from McLaren Corlett to Gowlings) | Attorney General of Nova Scotia |
| 2007-07-03 | Response to the motion for additional time to present oral argument, (Letter Form), from Burke-Robertson dated July 3, 2007 (e-mail), Completed on: 2007-07-03 | Her Majesty the Queen |
| 2007-06-29 | Intervener's book of authorities, Completed on: 2007-06-29 | Justice for Children and Youth |
| 2007-06-29 | Intervener's factum, Completed on: 2007-06-29 | Justice for Children and Youth |
| 2007-06-29 | Motion for additional time to present oral argument, (30 minutes), Completed on: 2007-07-03 | Attorney General of Quebec |
| 2007-06-21 | Intervener's book of authorities, (2 volumes), Completed on: 2007-06-21 | Attorney General of Canada |
| 2007-06-21 | Intervener's factum - AG on constitutional question, CD returned, rec'd July 7, 2007, Completed on: 2007-07-09 | Attorney General of Canada |
| 2007-06-12 | Affidavit, of Ashley Farrell for service of tab 34 of their book of Authorities | Attorney General of Nova Scotia |
| 2007-06-12 | Order on motion to extend time | |
| 2007-06-12 |
Decision on motion to extend time, to serve and file the respondent's record to May 30/07, DeRg Granted |
|
| 2007-06-12 | Submission of motion to extend time, DeRg | |
| 2007-06-12 | Response to motion to extend time, Completed on: 2007-06-12 | Her Majesty the Queen |
| 2007-06-08 | Intervener's book of authorities, Completed on: 2007-06-08 | Attorney General of Manitoba |
| 2007-06-08 | Intervener's factum - AG on constitutional question, Completed on: 2007-06-08 | Attorney General of Manitoba |
| 2007-06-07 | Intervener's book of authorities, (Vol. I and II), Completed on: 2007-06-07 | Attorney General of Quebec |
| 2007-06-07 | Intervener's factum - AG on constitutional question, New CD rec'd June 15/07, Completed on: 2007-06-15 | Attorney General of Quebec |
| 2007-06-05 | Order on motion to extend time | |
| 2007-06-05 |
Decision on motion to extend time, to serve and file the intervener, A.G.N.S., factum and book of authorities to May 25/07 and to present oral argument at the hearing of the appeal, Ro Granted |
|
| 2007-06-04 | Submission of motion to extend time, Ro | |
| 2007-06-01 | Respondent's book of authorities, Completed on: 2007-06-01 | D.B. |
| 2007-06-01 | Respondent's factum, (CD rec'd June 5/07), Completed on: 2007-06-05 | D.B. |
| 2007-06-01 | Motion to extend time, to file the Records on May 30/07, Completed on: 2007-06-04 | D.B. |
| 2007-06-01 | Response to motion to extend time, to A.G. N.S. motion, Completed on: 2007-06-01 | Her Majesty the Queen |
| 2007-05-31 | Order on motion to extend time | |
| 2007-05-31 |
Decision on motion to extend time, to serve and file the intervener, A.G. Cda, factum and book of authorities to June 21/07 and to present oral argument at the hearing of the appeal, Ro Granted |
|
| 2007-05-31 | Submission of motion to extend time, Ro | |
| 2007-05-30 | Respondent's record, (Ext. of time filed), Completed on: 2007-06-04 | D.B. |
| 2007-05-30 | Motion to extend time, (amended) to file the intervener's factum and authorities to June 21/07, Completed on: 2007-05-30 | Attorney General of Canada |
| 2007-05-28 | Response to motion to extend time, e-mail from Gowlings dated May 28/07 (by AG of Canada), Completed on: 2007-05-28 | D.B. |
| 2007-05-28 | Response to motion to extend time, e-mail from Burke-Robertson dated May 28/07 (by A.G. of Canada, Completed on: 2007-05-28 | Her Majesty the Queen |
| 2007-05-28 | Response to motion to extend time, e-mail from Gowlings dated May 28/07 (by AGNS), Completed on: 2007-05-28 | D.B. |
| 2007-05-25 | Motion to extend time, to file the intervener's factum and authorities to May 25/07, Completed on: 2007-05-25 | Attorney General of Nova Scotia |
| 2007-05-24 | Intervener's book of authorities, Completed on: 2007-05-24 | Attorney General of British Columbia |
| 2007-05-24 | Intervener's factum - AG on constitutional question, Completed on: 2007-05-24 | Attorney General of British Columbia |
| 2007-05-24 | Intervener's book of authorities, (service rec'd May 25/07 - Tab 34 decision of Justice Coughlan rec'd June 12/07 with service), Completed on: 2007-05-28 | Attorney General of Nova Scotia |
| 2007-05-24 | Intervener's factum - AG on constitutional question, (service rec'd May 25/07 - New CD rec'd June 6/07), Completed on: 2007-06-07 | Attorney General of Nova Scotia |
| 2007-05-22 | Order on motion to extend time | |
| 2007-05-22 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to June 1/07 and to present oral argument at the hearing of the appeal, Ro Granted |
|
| 2007-05-22 | Submission of motion to extend time, Ro | |
| 2007-05-22 | Appeal perfected for hearing | |
| 2007-05-18 | Response to motion to extend time, consent from A. Alvaro (included with motion)(fax copy), Completed on: 2007-05-18 | Her Majesty the Queen |
| 2007-05-17 | Motion to extend time, to file the factum and authorities to June 1, 2007 and to permit oral argument, Completed on: 2007-05-17 | D.B. |
| 2007-05-07 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2007-05-07 |
Decision on the motion for leave to intervene, Ro, The motion for leave to intervene of the applicant, Justice for Children and Youth is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2007-05-07 | Submission of motion for leave to intervene, Ro | |
| 2007-05-02 | Response to the motion for leave to intervene, e-mail from Dean D. Paquette dated May 2/07 (by Justice for Children & Youth), Completed on: 2007-05-02 | D.B. |
| 2007-05-01 | Response to the motion for leave to intervene, e-mail from Burke-Robertson dated May 1/07 (by Justice for Children & Youth), Completed on: 2007-05-01 | Her Majesty the Queen |
| 2007-04-18 | Motion for leave to intervene, (bookform), Completed on: 2007-04-18 | Justice for Children and Youth |
| 2007-03-23 | Appellant's book of authorities, (Vol. I and II), Completed on: 2007-03-23 | Her Majesty the Queen |
| 2007-03-23 | Appellant's record, Completed on: 2007-03-23 | Her Majesty the Queen |
| 2007-03-23 | Appellant's factum, Completed on: 2007-03-23 | Her Majesty the Queen |
| 2007-01-19 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2007-01-19 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2007-01-08 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2007-01-04 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2007-01-02 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2006-12-12 | Notice of constitutional question(s), (served Dec. 12/06) | Her Majesty the Queen |
| 2006-12-11 | Order on motion to state a constitutional question | |
| 2006-12-11 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Do s. 62, 63, 64(1), 64(5), 70, 72(1), 72(2), 73(1), 75 and 110(2)(b) of the Youth Criminal Justice Act, S.C. 2002, c. 1, in whole or in part or through their combined effect, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 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 Canadian Charter of Rights and Freedoms? Granted |
|
| 2006-11-30 | Submission of motion to state a constitutional question, CJ | |
| 2006-10-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-10-23 | Motion to state a constitutional question, Completed on: 2006-10-23 | Her Majesty the Queen |
| 2006-10-23 | Notice of appeal, Completed on: 2006-10-23 | Her Majesty the Queen |
| 2006-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-09-29 | Judgment on leave sent to the parties | |
| 2006-09-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C42719 and C42923, dated March 24, 2006, is granted. Granted |
|
| 2006-07-17 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-06-29 | Applicant's reply to respondent's argument, Completed on: 2006-06-29 | Her Majesty the Queen |
| 2006-06-23 | Respondent's response on the application for leave to appeal, Completed on: 2006-06-23 | D.B. |
| 2006-05-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-05-23 | Application for leave to appeal, Completed on: 2006-05-23 | 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 |
|---|---|---|
| D.B. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Nova Scotia | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Justice for Children and Youth | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Deborah Krick
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: alexander.alvaro@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: D.B.
Counsel
Cheryl Milne
Paola Konge
305-21 King Street W.
Hamilton, Ontario
L8P 4W7
Telephone: (905) 524-3326
FAX: (905) 524-3324
Email: dean@deanpaquette.com
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 Nova Scotia
Counsel
Kenneth W. F. Fiske, Q.C.
1225 - 1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-4589
FAX: (902) 424-0653
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
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 948-3003
FAX: (613) 957-8412
Email: janet.henchey@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of British Columbia
Counsel
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-0284
FAX: (250) 387-4262
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Manitoba
Counsel
Constitutional Law Branch
1205-405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-7221
FAX: (204) 945-1260
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 Quebec
Counsel
Isabelle Fortin
1200, route de l'Église, 2e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20785
FAX: (418) 644-7030
Email: jybernard@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Justice for Children and Youth
Counsel
Lee Ann Chapman
415 Yonge Street
Suite 1203
Toronto, Ontario
M5B 2E7
Telephone: (416) 920-1633
FAX: (416) 920-5855
Email: milnec@lao.on.ca
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
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.
Canadian Charter - Criminal - Criminal law - Whether ss. 62, 63, 64(1), 70, 72(1), 75 and 110(2)(b) of the Youth Criminal Justice Act, S.C. 2002, c. 1, are an unjustified infringement of s. 7 of the Canadian Charter of Rights and Freedoms.
The Respondent, aged 17, was at a shopping mall with two friends on December 13, 2003. They met the victim, aged 18, accompanied by his sister and two friends. There was an altercation. The victim and a friend left the mall with the Respondent and his friends in order to fight. While two males wrestled each other to the ground, the Respondent asked the victim if he wanted to fight. The victim declined and continued to observe the fight in progress. The Respondent then "sucker punched" the victim to the neck and face. The victim fell to the ground and the Respondent continued the assault, landing four more punches on the victim's face and neck. The victim was knocked unconscious and died just past midnight the following day. A post mortem revealed that his death was a direct result of the assault. At the time of the assault, the Respondent was bound by two probation orders.
The Crown sought an adult sentence of five years in light of the seriousness of the offence. The Youth Justice Court concluded that a youth sentence would be sufficient to hold the Respondent accountable for manslaughter. The Youth Justice Court determined that the Youth Criminal Justice Act's adult sentence and publication presumptions contravened s. 7 of the Charter and were not saved by s. 1. On appeal, the Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
04-114
Respondent pleaded guilty to manslaughter; sentenced under the Youth Criminal Justice Act to 30 months' intensive rehabilitative custody and six months' conditional supervision in the community
Court of Appeal for Ontario
C42719, C42923
Appeal from sentence 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 613‑996‑7933 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