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.
37802
Adam Picard 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) |
|---|---|---|
| 2018-08-14 | Close file on Leave | |
| 2018-08-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-08-10 | Judgment on leave sent to the parties | |
| 2018-08-09 |
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 C62949, 2017 ONCA 692, dated September 7, 2017, is dismissed. Dismissed |
|
| 2018-08-09 |
Decision on motion to extend time to file and /or serve the leave application, see decision on application. Granted |
|
| 2018-06-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-06-18 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-06-08 | Certificate (on limitations to public access), (Letter Form) | Adam Picard |
| 2018-06-07 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-06-07 | Adam Picard |
| 2018-06-07 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2018-06-06 | Respondent's response on the application for leave to appeal, (Book Form), 23B missing-rec'd 2018/06/07, Completed on: 2018-06-07 | Her Majesty the Queen |
| 2018-05-18 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2018-05-18 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2018-05-18 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), Completed on: 2018-05-18 | Her Majesty the Queen |
| 2018-05-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2018-05-09 | Certificate (on limitations to public access), (Letter Form), 23B-Application Record | Adam Picard |
| 2018-05-09 | Certificate (on limitations to public access), (Letter Form), 23B-Motion for extension of time | Adam Picard |
| 2018-05-09 | Certificate (on limitations to public access), (Letter Form), 23A | Adam Picard |
| 2018-05-09 | Application for leave to appeal, (Book Form), CA Order missing-rec'd 2018/05/10, Completed on: 2018-05-10 | Adam Picard |
| 2018-05-09 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2018-05-09 | Adam Picard |
| 2018-05-04 | Correspondence received from, (Letter Form), Michael Crystal is now counsel for the applicant. | Adam Picard |
| 2018-04-27 | Correspondence (sent by the Court) to, all parties, re: Notice from the Registrar pursuant to Rule 64 (sent by Purolator). | |
| 2017-10-19 | Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 2017-10-19 | |
| 2017-10-12 | Certificate (on limitations to public access), 23-A | Adam Picard |
| 2017-10-12 | Notice of application for leave to appeal, (Letter Form), Completed on: 2018-05-09 | Adam Picard |
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 |
|---|---|---|
| Picard, Adam | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Picard, Adam
Counsel
1010 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 563-1010
FAX: (613) 563-1011
Email: mac@sulaw.ca
Party: Her Majesty the Queen
Counsel
Tracy Kozlowski
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: roger.pinnock@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Charter of Rights and Freedoms – Unreasonable delay – Transitional exception – How to apply transitional exception in R. v. Jordan, 2016 SCC 27, where delay is unreasonable pursuant to Jordan analysis yet might not have infringed s. 11(b) of the Charter pursuant to pre-Jordan analysis – Whether presumption of reliance on pre-Jordan law is rebuttable – Circumstances in which appellate court may adjudicate issues not litigated before trial court – Standard of review of trial judge’s characterization of individual periods of delay in conducting analysis pursuant to s. 11(b) of Charter?
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.
(PUBLICATION BAN IN CASE)
Adam Picard was charged with first degree murder. Before trial, defence counsel applied for a stay of proceedings for unreasonable delay. The trial judge stayed the charge for unreasonable delay pursuant to s. 11(b) of the Charter of Rights and Freedoms. The Court of Appeal allowed an appeal and ordered trial to proceed.
Lower court rulings
Court of Appeal for Ontario
C62949, 2017 ONCA 692
See file
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