Case information
Consult our database for details on a Supreme Court of Canada case.
40429
Olive Landry v. His Majesty the King
(New Brunswick) (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) |
|---|---|---|
| 2023-05-12 | Close file on Leave | |
| 2023-05-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-11 | Judgment on leave sent to the parties | |
| 2023-05-11 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 31-22-CA, 2022 NBCA 37, dated July 21, 2022, is dismissed. Dismissed |
|
| 2023-05-11 |
Decision on motion to extend time, See decision on judgment Granted |
|
| 2023-03-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-03-27 | Submission of motion to extend time, for consideration by the Court | |
| 2023-03-22 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-03-22 | Olive Landry |
| 2023-03-21 | Response to motion to extend time, Respondent consents to the motion for an extension of time for the filing of the Applicant’s Reply, Completed on: 2023-03-22 | His Majesty the King |
| 2023-03-21 | Motion to extend time, (Book Form), motion to extend time to file the reply, Completed on: 2023-03-29 | Olive Landry |
| 2022-11-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-11-18) | His Majesty the King |
| 2022-11-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-11-21, (Printed version filed on 2022-11-21) | His Majesty the King |
| 2022-11-04 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED: 2022-11-04 | |
| 2022-09-22 |
Supplemental document, (Book Form), - Notice of Application (NB Provincial Court) - Factum of the Applicant (NB Provincial Court) - Factum of the Appellant (NB Court of Queen's Bench) - Notice of Appeal and Factum (NB Court of Appeal) - Respondent's Request for Summary Decision (NB Court of Appeal) - Appellant's Response (NB Court of Appeal) |
Olive Landry |
| 2022-09-22 |
Application for leave to appeal, (Book Form), Missing: - Public access to information form (rec'd 2022-11-24), Completed on: 2022-11-24 |
Olive Landry |
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 |
|---|---|---|
| Landry, Olive | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Landry, Olive
This party is not represented by counsel.
Party: His Majesty the King
Counsel
520 King Street, Suite 610
Fredericton, New Brunswick
E3B 6G3
Telephone: (506) 453-2784
FAX: (506) 453-5364
Email: patrick.mcguinty@gnb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Appeals — Summary determination of appeal — Summary conviction charge — Applicant convicted of offence under Fisheries Act, R.S.C. 1985, c. F-14 — Appeals dismissed — Whether treaties of 1725-26, 1752, 1760-61 and 1779 entered into by chiefs of Mi’kmaq tribes and British representatives in eastern Canada were breached by Crown.
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 the New Brunswick Provincial Court, the applicant, Ms. Landry, was convicted of an offence under the Fisheries Act, R.S.C. 1985, c. F-14. The Court of Queen’s Bench dismissed her appeal. The applicant then appealed to the New Brunswick Court of Appeal. At the respondent’s request, the Registrar referred the applicant’s notice of appeal to the Court of Appeal for consideration under s. 685 of the Criminal Code, R.S.C. 1985, c. C-46, which permits the summary dismissal of an appeal based on an unfounded ground of law. The Court of Appeal was of the view that this provision applied and dismissed the appeal summarily.
Lower court rulings
Court of Queen’s Bench of New Brunswick
BCA-3-2021
Appeal dismissed
Court of Appeal of New Brunswick
2022 NBCA 37, 31-22-CA
Appeal dismissed summarily
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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