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.
37569
Cynthia Karen MacKinnon v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2017-08-29 | Close file on Leave | |
| 2017-08-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-08-18 | Judgment on leave sent to the parties | |
| 2017-08-17 |
Judgment of the Court on the application for leave to appeal, The motion to strike is dismissed. The motion for leave to intervene by the Rocky Mountain Civil Liberties Association is dismissed, without costs. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1701-0008-A, 2017 ABCA 93, dated March 20, 2017, is dismissed. Dismissed |
|
| 2017-08-17 |
Decision on motion for leave to intervene, See decision on application. Dismissed, without costs |
|
| 2017-08-17 |
Decision on motion to strike out, See decision on application. Dismissed |
|
| 2017-07-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-07-10 | Submission of motion for leave to intervene, for consideration by the Court | |
| 2017-07-10 | Submission of motion to strike out, for consideration by the Court | |
| 2017-07-05 | Reply to the motion for leave to intervene., (Book Form), Completed on: 2017-07-05, (Electronic version filed on 2017-07-05) | Rocky Mountain Civil Liberties Association |
| 2017-06-29 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-06-29, (Printed version filed on 2017-07-04) | Cynthia Karen MacKinnon |
| 2017-06-27 | Response to the motion for leave to intervene, (Book Form), Completed on: 2017-06-27 | Her Majesty the Queen |
| 2017-06-27 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-06-27 | Cynthia Karen MacKinnon |
| 2017-06-27 | Reply to motion to strike out, (Letter Form), Completed on: 2017-06-26 | Her Majesty the Queen |
| 2017-06-23 | Response to motion to strike out, Completed on: 2017-06-23 | Cynthia Karen MacKinnon |
| 2017-06-19 | Certificate (on limitations to public access) | Rocky Mountain Civil Liberties Association |
| 2017-06-19 | Notice of name | Rocky Mountain Civil Liberties Association |
| 2017-06-19 | Motion for leave to intervene, (Book Form), Completed on: 2017-06-19 | Rocky Mountain Civil Liberties Association |
| 2017-06-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-06-19 | Her Majesty the Queen |
| 2017-06-15 | Motion to strike out, (Book Form), Completed on: 2017-06-15 | Her Majesty the Queen |
| 2017-05-31 | Order issued on motion for a stay of execution, (BY JUSTICE MOLDAVER) | |
| 2017-05-31 |
Decision on the motion for a stay of execution, Mo, UPON APPLICATION by the applicant for an order pursuant to s. 65.1 of the Supreme Court Act and rule 62 of the Rules of the Supreme Court of Canada, staying the sentence of the Provincial Court of Alberta, dated December 18, 2015, Docket no. 140617671P1, pending the determination of the application for leave to appeal, and if leave is granted, pending the determination of her appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2017-05-31 | Submission of motion for a stay of execution, Mo | |
| 2017-05-29 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2017-05-29 | Response to the motion for a stay of execution, (Book Form), Completed on: 2017-05-29 | Her Majesty the Queen |
| 2017-05-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened on 2017-05-23 | |
| 2017-05-23 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2017-05-19 | Certificate (on limitations to public access) | Cynthia Karen MacKinnon |
| 2017-05-19 | Motion for a stay of execution, (Letter Form), Amended motion rec'd on 2017-05-24, Completed on: 2017-05-19 | Cynthia Karen MacKinnon |
| 2017-05-19 | Application for leave to appeal, (Book Form), Missing judgments from lower Courts. Included in the motion to strike filed on 2017-06-15, Completed on: 2017-06-15 | Cynthia Karen MacKinnon |
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 |
|---|---|---|
| MacKinnon, Cynthia Karen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Rocky Mountain Civil Liberties Association | Intervener | Pending |
Counsel
Party: MacKinnon, Cynthia Karen
Counsel
Jonathan Martin
3000, 700- 9th Avenue SW
Calgary, Alberta
T2P 3V4
Telephone: (403) 298-2434
FAX: (403) 262-0007
Email: gchipeur@millerthomson.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
300-332 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: JSG-ACPS.CAL-Appeals@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Rocky Mountain Civil Liberties Association
Counsel
Breanna Needham
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: bkain@mccarthy.ca
Agent
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Summary
Keywords
Charter of Rights and Freedoms — Freedom of expression — Courts — Enforcement of orders — Whether s. 301 of Criminal Code interferes with the freedom of expression or permits that an individual be deprived of liberty and security of person in a way that is not justified in a free and democratic society — Whether an exception to the rule against collateral attack should be recognized?<br>
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.
In April 2014, Ms. MacKinnon posted comments on Facebook about the Town of Drumheller’s chief administrative officer and its legal counsel. Based on those postings, she was charged with breach of a judicial order imposed on October 29, 2012 by Holmes J. of the Provincial Court of Alberta. Holmes J.’s order imposed a common law peace bond on consent. His order in part required that any postings by Ms. MacKinnon to any social media website regarding the chief administrative officer and its legal counsel shall be civil and temperate. Ms. MacKinnon had consented to the order when she faced a charge of defamatory libel under s. 301 of the Criminal Code. The charge of defamatory libel was stayed after she consented to the peace bond.
Lower court rulings
Provincial Court of Alberta
140617671P1, 150441269P1
Conviction for failure to obey a court order
Court of Queen’s Bench of Alberta
140617671S1
Summary conviction appeal dismissed
Court of Appeal of Alberta (Calgary)
1701-0008-A, 2017 ABCA 93
Application for leave to 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