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.
40943
William Whatcott v. His Majesty the King
(Ontario) (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) |
|---|---|---|
| 2024-02-23 | Close file on Leave | |
| 2024-02-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-15 | Judgment on leave sent to the parties | |
| 2024-02-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C70189, 2023 ONCA 536, dated August 11, 2023, is dismissed. Dismissed |
|
| 2023-12-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-22 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-11-29, (Printed version filed on 2023-11-23) | William Whatcott |
| 2023-11-14 | Notice of name, (Letter Form), (Printed version due on 2023-11-21) | His Majesty the King |
| 2023-11-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-11-21) | His Majesty the King |
| 2023-11-14 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: POS, Completed on: 2023-11-24 |
His Majesty the King |
| 2023-10-13 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-10-13 | |
| 2023-10-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-10) | William Whatcott |
| 2023-10-10 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2023-10-13, (Printed version filed on 2023-10-10) | William Whatcott |
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 |
|---|---|---|
| Whatcott, William | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Whatcott, William
Counsel
1402-240 Health Street West
Toronto, Ontario
M5P 3L5
Telephone: (416) 205-9700
FAX: (416) 205-9970
Email: johnrosen@rosenlaw.ca
Agent
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-4740
FAX: (613) 232-2680
Email: etaman@champlaw.ca
Party: His Majesty the King
Counsel
Natalya Odorico
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jamie.klukach@ontario.ca
Summary
Keywords
Charter of Rights — Double jeopardy — Whether the Court of Appeal ordering a new trial violated s. 11(h) of the Charter by subjecting accused to double jeopardy.
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.
William Whatcott marched in a Pride Parade and distributed flyers warning of alleged dangers of a homosexual lifestyle. He was charged with willfully promoting hatred. The trial judge admitted some expert opinion evidence but excluded the opinion evidence of one expert proposed by Crown counsel. Mr. Whatcott was acquitted. The Court of Appeal held that the trial judge erred by excluding the expert’s evidence, overturned the acquittal and ordered a new trial.
Lower court rulings
Acquittal of wilful promotion of hatred
Appeal allowed, new trial ordered
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