Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2010-02-03	Transcript received, (30 pages)
2010-01-25	Appeal closed
2010-01-21	Formal judgment sent to the registrar of the court of appeal and all parties
2010-01-21	Judgment on appeal and notice of deposit of judgment sent to all parties
2010-01-19	Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA035342, 2008 BCCA 401, dated October 10, 2008, was heard this day and the following judgment was rendered: The Chief Justice (orally) — We are all of the view that this appeal must be dismissed for the reasons given by the British Columbia Court of Appeal. Dismissed
2010-01-19	General proceeding, no concerns	Her Majesty the Queen
2010-01-19	General proceeding, no concerns	J.Z.S.
2010-01-19	Judgment reserved OR rendered with reasons to follow
2010-01-19	Acknowledgement and consent for video taping of proceedings, All parties agreed
2010-01-19	Hearing of the appeal, 2010-01-19, CJ Bi LeB De F Abe Cha Ro Cro Judgment rendered
2010-01-19	Intervener's condensed book, Filed in Court	Attorney General of Ontario
2010-01-19	Intervener's condensed book, Filed in Court	Attorney General of Canada
2010-01-19	Respondent's condensed book, Filed in Court	Her Majesty the Queen
2010-01-19	Appellant's condensed book, Filed in Court	J.Z.S.
2010-01-08	Notice of appearance, Mary Birdsell and Andrea Gatti will be appearing and Ms. Birdsell will make the oral presentation	Justice for Children and Youth
2010-01-08	Correspondence received from, M. Villamor by fax, re.: request for 2 reserved seats at the hearing	Justice for Children and Youth
2010-01-08	Supplemental document, Appellant's Supplemental Record, Completed on: 2010-01-08	J.Z.S.
2010-01-08	Supplemental document, Appellant's Supplemental Authorities, Completed on: 2010-01-08	J.Z.S.
2010-01-06	Notice of appearance, Joanne B. Dartana will be appearing	Attorney General of Alberta
2010-01-06	Notice of appearance, Michael Conner will be appearing	Attorney General of Manitoba
2010-01-06	Notice of appearance, Christopher W.A. Brennan will be appearing	J.Z.S.
2010-01-05	Correspondence received from, Gowlings by e-mail, re.: request for 4 reserved seats at the hearing	J.Z.S.
2009-12-30	Order by, Cro, FURTHER TO THE ORDER dated October 22, 2009, granting 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 ten (10) minutes at the hearing of the appeal. Granted
2009-12-23	Notice of appearance, Cheryl Tobias and Nancy Dennison will be present at the hearing.	Attorney General of Canada
2009-12-17	Intervener's book of authorities, CD missing - Rec'd on Dec. 24, 2009, Completed on: 2009-12-17	Justice for Children and Youth
2009-12-17	Intervener's factum, CD missing - Rec'd on Dec. 24, 2009, Completed on: 2009-12-31	Justice for Children and Youth
2009-12-16	Notice of appearance, Daniel Grégoire will be present at the hearing.	Attorney General of Quebec
2009-12-15	Notice of appearance, Mary Ainslie will be present at the hearing.	Her Majesty the Queen
2009-12-10	Intervener's book of authorities, Completed on: 2009-12-10	Attorney General of Ontario
2009-12-10	Intervener's factum - AG on constitutional question, Completed on: 2009-12-10	Attorney General of Ontario
2009-12-09	Intervener's book of authorities, Completed on: 2009-12-09	Attorney General of Alberta
2009-12-09	Intervener's factum - AG on constitutional question, Completed on: 2009-12-09	Attorney General of Alberta
2009-12-07	Intervener's book of authorities, Completed on: 2009-12-07	Attorney General of Quebec
2009-12-07	Intervener's factum - AG on constitutional question, Completed on: 2009-12-07	Attorney General of Quebec
2009-12-07	Intervener's book of authorities, Page numbering to be done and send back to us, rec'd Dec. 23/09, Completed on: 2009-12-23	Attorney General of Canada
2009-12-07	Intervener's factum - AG on constitutional question, Completed on: 2009-12-09	Attorney General of Canada
2009-12-07	Intervener's book of authorities, Completed on: 2009-12-07	Attorney General of Manitoba
2009-12-07	Intervener's factum - AG on constitutional question, Completed on: 2009-12-07	Attorney General of Manitoba
2009-11-25	Notice of hearing sent to parties
2009-11-24	Appeal hearing scheduled, 2010-01-19, previously March 18, 2009 (Starting time 9:30 a.m.) Judgment rendered
2009-11-20	Correspondence received from, F. Langlois dated Nov. 19/09 re: confirming Daniel Grégoire as counsel for the Attorney General of Quebec (by fax)	Attorney General of Quebec
2009-11-09	Respondent's book of authorities, Completed on: 2009-11-09	Her Majesty the Queen
2009-11-09	Respondent's factum, Completed on: 2009-11-09	Her Majesty the Queen
2009-11-09	Appeal perfected for hearing
2009-10-22	Order on motion for leave to intervene, (BY CROMWELL J.)
2009-10-22	Decision on the motion for leave to intervene, Cro, The motion for leave to intervene by Justice for Children and Youth is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. 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. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellants and respondent by its intervention. Granted
2009-10-22	Submission of motion for leave to intervene, Cro
2009-10-16	Response to the motion for leave to intervene, (Letter Form), from Christopher Brennan dated Oct. 16/09, Completed on: 2009-10-16	J.Z.S.
2009-10-08	Response to the motion for leave to intervene, by Justice for Children and Youth, Completed on: 2009-10-08	Her Majesty the Queen
2009-10-06	Motion for leave to intervene, Completed on: 2009-10-15	Justice for Children and Youth
2009-09-21	Correspondence received from, Chris Brennan dated Sept. 21, 2009. Re: Factum not subject to a publication ban.	J.Z.S.
2009-09-14	Appellant's book of authorities, (3 volumes), Completed on: 2009-09-14	J.Z.S.
2009-09-14	Appellant's record, (2 volumes), Completed on: 2009-09-14	J.Z.S.
2009-09-14	Appellant's factum, Completed on: 2009-09-14	J.Z.S.
2009-07-24	Notice of intervention respecting a constitutional question	Attorney General of Ontario
2009-07-23	Notice of intervention respecting a constitutional question	Attorney General of Alberta
2009-07-21	Notice of intervention respecting a constitutional question	Attorney General of Quebec
2009-07-20	Notice of intervention respecting a constitutional question	Attorney General of Canada
2009-07-20	Notice of intervention respecting a constitutional question	Attorney General of Manitoba
2009-06-24	Notice of constitutional question(s), (served June 23, 2009)	J.Z.S.
2009-06-22	Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2009-06-22	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 QUESTION BE STATED AS FOLLOWS: 1. Does s. 486.2 of the Criminal Code, R.S.C. 1985, c. C-46, 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? 3. Does s. 486.2 of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 11(d) of the Canadian Charter of Rights and Freedoms? 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 Canadian Charter of Rights and Freedoms? 5. Does s. 16.1 of the Canada Evidence Act, R.S.C. 1985, c. C-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 6. 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? 7. Does s. 16.1 of the Canada Evidence Act, R.S.C. 1985, c. C-5, infringe s. 11(d) of the Canadian Charter of Rights and Freedoms? 8. 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? IT IS FURTHER ORDERED THAT: 1. Any notices of intervention relating to the constitutional questions shall be served and filed on or before July 24, 2009. Granted
2009-06-16	Submission of motion to state a constitutional question, CJ
2009-06-08	Response to the motion to state a constitutional question, (Letter Form), (revised on June 15/09), Completed on: 2009-06-08	Her Majesty the Queen
2009-06-05	Motion to state a constitutional question, Completed on: 2009-06-05	J.Z.S.
2009-06-05	Notice of appeal, CD rec'd on June 8, 2009, Completed on: 2009-06-05	J.Z.S.
2009-05-11	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-05-08	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-05-08	Judgment on leave sent to the parties
2009-05-07	Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA035342, 2008 BCCA 401, dated October 10, 2008, is granted without costs. Granted, without costs
2009-05-07	Decision on motion to extend time to file and /or serve the leave application, See related judgment. Granted
2009-03-30	All materials on application for leave submitted to the Judges, CJ Abe Ro
2009-03-30	Submission of motion to extend time to file and/ or serve the leave application, CJ Abe Ro
2009-01-30	Applicant's reply to respondent's argument, Completed on: 2009-01-30	J.Z.S.
2009-01-21	Respondent's response on the application for leave to appeal, Completed on: 2009-01-21	Her Majesty the Queen
2008-12-24	Letter acknowledging receipt of a complete application for leave to appeal
2008-12-22	Book of authorities	J.Z.S.
2008-12-22	Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2008-12-22	J.Z.S.
2008-12-22	Application for leave to appeal, (2 volumes), Completed on: 2008-12-22	J.Z.S.

Parties

Main parties

Main parties - Appellants

Name	Role	Status
J.Z.S.	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Her Majesty the Queen	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Canada	Intervener	Active
Attorney General of Ontario	Intervener	Active
Attorney General of Quebec	Intervener	Active
Attorney General of Manitoba	Intervener	Active
Attorney General of Alberta	Intervener	Active
Justice for Children and Youth	Intervener	Active

Counsel

Summary

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.

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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.

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Webcasts

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