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.
35220
James Douglas Robertson 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) |
|---|---|---|
| 2013-05-28 | Close file on Leave | |
| 2013-05-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-05-24 | Judgment on leave sent to the parties | |
| 2013-05-23 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C48271, 2008 ONCA 681, dated October 6, 2008, is dismissed without costs. Dismissed, without costs |
|
| 2013-05-23 |
Decision on motion to extend time to file and /or serve the leave application, F Ro Mo, See judgment Granted |
|
| 2013-04-29 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2013-04-29 | Submission of motion to extend time to file and/ or serve the leave application, F Ro Mo | |
| 2013-04-08 | Applicant's reply to respondent's argument, (Book Form), Joint with 35212 - fax to respondent April 12/13, Completed on: 2013-04-12 | James Douglas Robertson |
| 2013-03-04 | Respondent's response on the application for leave to appeal, (Letter Form), will not be filing a formal response - correspondence includes CA Order of Nov. 6/08, Jan. 5/09, endorsement of Oct. 6/08, ORB disposition and reasons for disposition Dec. 31/07, Respondent's factum before the CA, Completed on: 2013-03-04 | Her Majesty the Queen |
| 2013-02-12 | Letter acknowledging receipt of a complete application for leave to appeal, (file open) | |
| 2013-01-09 | Correspondence (sent by the Court) to, Acknowledgment | |
| 2013-01-08 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (see main file 35212), Completed on: 2013-01-08 | James Douglas Robertson |
| 2013-01-08 | Application for leave to appeal, (Book Form), Extension of time included (see main file 35212), Completed on: 2013-02-08 | James Douglas Robertson |
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 |
|---|---|---|
| Robertson, James Douglas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Robertson, James Douglas
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2353
FAX: (416) 326-4656
Email: riun.shandler@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 – Appeal – Leave to Appeal – Whether applicant raises a legal issue – Whether issue is of public importance
The applicant was found not criminally responsible on account of mental disorder for criminal harassment and invitation to sexual touching. Allegedly, he sent sexually explicit letters to a neighbouring family in part inviting the sexual touching of a young girl. In 2003, he was found guilty of criminal harassment and invitation to sexual touching. The Crown began examining his psychiatric history and obtained court-ordered assessments that resulted in equivocating opinions regarding whether the applicant was not criminally responsible on account of mental disorder. An amicus curiae was appointed to assist the applicant. The trial judge dismissed an application for a not criminally responsible finding. The Court of Appeal ordered a new trial. At the new trial, the trial judge dismissed Charter motions, rejected defences, found the applicant guilty of the two offences, and found the applicant not criminally responsible on account of mental disorder. The Court of Appeal dismissed an appeal. The Ontario Review Board ordered detention at the Oak Ridge facility at the Mental Health Centre Penetanguishene.
Lower court rulings
Court of Appeal for Ontario
2008 ONCA 681, C48271
Appeal from the disposition of the Ontario Review Board 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