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.
36146
Robert Roy v. Her Majesty the Queen
(Federal) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-12-19 | Close file on Leave | |
| 2016-12-19 | Reconsideration not accepted for filing | |
| 2015-04-15 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2015-04-01 | Motion for reconsideration of the application for leave to appeal, (Book Form), and motion for extension of time, Completed on: 2015-04-15 | Robert Roy |
| 2015-02-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-02-27 | Judgment on leave sent to the parties | |
| 2015-02-26 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file a supplementary memorandum and for leave to serve and file a supplementary memorandum is dismissed without costs. The motion for interim constitutional exemptions from the Controlled Drugs and Substances Act, S.C. 1996, c.19, is dismissed without costs. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-291-14, dated September 9, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2015-02-26 |
Decision on the miscellaneous motion Dismissed, without costs |
|
| 2015-02-26 |
Decision on the miscellaneous motion Dismissed, without costs |
|
| 2015-01-26 | Submission of miscellaneous motion, Ro Cro Mo | |
| 2015-01-26 | All materials on application for leave submitted to the Judges, Ro Cro Mo | |
| 2015-01-26 | Submission of miscellaneous motion, Ro Cro Mo | |
| 2015-01-15 | Response to miscellaneous motion, (Letter Form), Completed on: 2015-01-15 | Her Majesty the Queen |
| 2014-12-31 | Notice of miscellaneous motion, (Book Form), to file a Supplementary Memorandum, Completed on: 2014-12-31 | Robert Roy |
| 2014-12-01 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-12-01 | Her Majesty the Queen |
| 2014-11-03 | Letter acknowledging receipt of a complete application for leave to appeal, FILED OPENED NOVEMBER 3, 2014 | |
| 2014-10-20 | Correspondence (sent by the Court) to, Acknowledgement letter | |
| 2014-10-16 | Notice of miscellaneous motion, (Book Form), Interim exemption, Completed on: 2014-10-16 | Robert Roy |
| 2014-10-16 | Certificate (on limitations to public access) | Robert Roy |
| 2014-10-16 | Application for leave to appeal, (Book Form), Fee waiver request - GRANTED - Nov. 4/2014, Completed on: 2014-10-16 | Robert Roy |
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 |
|---|---|---|
| Roy, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Roy, Robert
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
Duke Tower
1400-5251 Duke St.
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-6719
FAX: (902) 426-8796
Email: susan.inglis@justice.gc.ca
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.
Mr. Roy commenced a constitutional challenge to the Marihuana for Medical Purposes Regulations, SOR/2013-119, the Marihuana Medical Access Regulations, SOR/2001-227, and the Controlled Drugs and Substances Act, S.C. 1996, c. 19, with respect to medical use of marihuana. His action was stayed pending a decision in Neil Allard, Tanya Beemish, David Hebert, Shawn Davey v. R., 2014 FC 280, which raises a constitutional challenge to aspects of the regulatory regime controlling medicinal use of marihuana in Canada. Mr. Roy applied to the Federal Court, Trial Division for interim relief from the prohibitions on marihuana in the Controlled Drugs and Substances Act pending a decision in his trial. His motion was dismissed. Mr. Roy has appealed to the Federal Court of Appeal from the decision to stay his action and the decision denying interim relief at trial. He applied to the Federal Court of Appeal for interim relief from the prohibitions on marihuana in the Controlled Drugs and Substances Act pending a decision in the appeal. His motion for interim relief was denied by the Federal Court of Appeal.
Lower court rulings
Federal Court
2014 FC 537
Motion for interim relief pending trial dismissed
Federal Court of Appeal
A-291-14
Motion for interim relief pending appeal 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