Docket

37774

Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2018-12-20 Appeal closed
2018-12-17 Formal judgment sent to the registrar of the court of appeal and all parties
2018-12-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-12-14 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar,
The appeal from the judgment of the Court of Appeal for Ontario, Number C60413, 2017 ONCA 552, dated June 30, 2017, heard on April 17, 2018, is allowed. Section 737 of the Criminal Code, R.S.C. 1985, c. C-46, infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982. Côté and Rowe JJ. dissent.
Allowed
2018-05-02 Transcript received, (2 volumes), Joint with 37427, 37782 and 37783; Day 1-131 pages - Day 2-111 pages
2018-04-18 Judgment reserved OR rendered with reasons to follow
2018-04-17 Hearing of the appeal, 2018-04-17, and 4/18/2018, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-04-17 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies) Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-17 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) (Joint with 37782, 37783) Her Majesty the Queen
2018-04-16 Correspondence received from, (Letter Form), Stobo Sniderman. Vincent Larochelle will not be appearing at the hearing of the appeal. Yukon Legal Services Society
2018-04-16 Correspondence received from, (Letter Form), Stobo Sniderman. Request for 1 reserved seat. Yukon Legal Services Society
2018-04-13 Order on motion to strike out, (BY JUSTICE ROWE)
2018-04-13 Decision on motion to strike out, Row, UPON APPLICATION by the Attorney General of Ontario for an order striking paragraphs 39-45 of the factum filed by the Colour of Poverty - Colour of Change and the Income Security Advocacy Centre (the Coalition), and striking paragraphs 31-33 of the factum filed by the Yukon Legal Services Society;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2018-04-13 Submission of motion to strike out, Row
2018-04-13 Notice of appearance, (Letter Form), Daniel C. Santoro, Demar Doucette and Megan Howatt will be appearing. Mr. Santoro and Mr. Doucette will presetn oral argument. Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-12 Order by, Row, IT IS HEREBY ORDERED THAT:
The Attorney General of Quebec is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2018-04-11 Motion to strike out, (Letter Form), Request - Motion to Strike Intervener Facta, Completed on: 2018-04-11 Her Majesty the Queen
2018-04-11 Correspondence received from, (Letter Form), Ms. Marie-France Major, re: Response to Motion to Stike.
Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-11 Correspondence received from, (Letter Form), Mr. Andrew Stobo Sniderman, re: Response to Motion to Stike.
Yukon Legal Services Society
2018-04-11 Correspondence received from, (Letter Form), Ms. Jackie Esmonde, re: Response to Motion to Stike.
Colour of Poverty - Colour of Change
2018-04-11 Order on motion to extend time, (BY JUSTICE ROWE)
2018-04-11 Decision on motion to extend time, Row, UPON APPLICATION by the Yukon Legal Services Society for an extension of time to serve and file their revised factum on or before April 12, 2018, in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2018-04-11 Submission of motion to extend time, Row
2018-04-11 Response to motion to extend time, (Letter Form), Completed on: 2018-04-10 Her Majesty the Queen
2018-04-10 Response to motion to extend time, (Letter Form), (Joint with 37427), Completed on: 2018-04-10 Attorney General of Quebec
2018-04-10 Response to motion to extend time, (Letter Form), Completed on: 2018-04-10 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-10 Motion to extend time, (Letter Form), to serve and file a revised factum on or before April 12, 2018. (Joint with 37427), Completed on: 2018-04-10 Yukon Legal Services Society
2018-04-09 Correspondence received from, (Letter Form), Marie-France Major. Request for 2 reserved seats. Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-09 Notice of appearance, (Letter Form), Joint 37427 - Andrew Stobo Sniderman and Vincent Larochelle will be appearing. Mr. Sniderman will present oral argument.
Yukon Legal Services Society
2018-04-09 Intervener's factum, (Book Form), (Joint with 37427) Motion for extension of time required (received 2018-04-10). , Completed on: 2018-04-16 Yukon Legal Services Society
2018-04-05 Correspondence received from, (Letter Form), All appellants - Joint with 37427, 37774, 37782 and 37783; Proposed speaking order of appellants. Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-04-03 Notice of appearance, (Letter Form), Sylvain Leboeuf, Julien Bernard and Julie Dassylva will be appearing. Mr. Leboeuf will present oral argument. Attorney General of Quebec
2018-04-03 Notice of appearance, (Letter Form), Vanora Simpson and Breana Vandebeek will be appearing. Mr. Simpson will present oral argument. Request 4 reserved seat. Criminal Lawyers' Association of Ontario
2018-04-03 Intervener's factum, (Book Form), (joint with 37424, 37782 and 37783), Completed on: 2018-04-03 Colour of Poverty - Colour of Change
2018-04-03 Intervener's factum, (Book Form), Completed on: 2018-04-03 Criminal Lawyers' Association of Ontario
2018-04-03 Intervener's book of authorities, (Book Form), (Joint with 37427, 37782 and 37783), Completed on: 2018-04-03 Canadian Civil Liberties Association
2018-04-03 Intervener's factum, (Book Form), (Joint with 37427, 37782 and 37783), Completed on: 2018-04-03 Canadian Civil Liberties Association
2018-03-29 Notice of appearance, (Letter Form), Christopher Bredt, Pierre Gemson and Alannah Fotheringham will be appearing. Mr. Bredt will presetn oral argument. (Joint with 37427, 37782, 37783) Canadian Civil Liberties Association
2018-03-29 Notice of appearance, (Letter Form), Michael Perlin and Philippe Cowle will be appearing. Mr. Perlin will present oral argument. (joint with 37782, 37783) Her Majesty the Queen
2018-03-29 Certificate (on limitations to public access), (Book Form), (Joint with 37427) Aboriginal Legal Services
2018-03-29 Intervener's book of authorities, (Book Form), (Joint with 37427), Completed on: 2018-03-29 Aboriginal Legal Services
2018-03-29 Intervener's factum, (Book Form), (Joint with 37427), Completed on: 2018-03-29 Aboriginal Legal Services
2018-03-29 Intervener's book of authorities, (Book Form), Electronic version missing, Incomplete Attorney General of Quebec
2018-03-29 Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2018-03-29 Attorney General of Quebec
2018-03-27 Notice of appearance, (Letter Form), Jonathan Rudin and Caitlyn E. Kasper will be appearing. Mr. Rudin will present oral argument. (Joint with 37427) Aboriginal Legal Services
2018-03-27 Notice of appearance, (Letter Form), Jackie Esmonde, Daniel Rhode and Marie Chen will be appearing. Ms. Esmonde will present oral argument. (Joint with 37427, 37782, 37783) Colour of Poverty - Colour of Change
2018-03-27 Correspondence received from, (Letter Form), All the respondents; Joint in 37427, 37774, 37782 and 37783; Proposed speaking order of respondents Her Majesty the Queen
2018-03-19 Appeal perfected for hearing
2018-03-12 Notice of hearing sent to parties
2018-03-12 Appeal hearing scheduled, 2018-04-18, Day 2 (FOR WEBCASTING PURPOSES ONLY)
2018-03-12 Appeal hearing scheduled, 2018-04-17, Day 1
DUE DATES FOR SERVING AND FILING DOCUMENTS: Notice of appeal on or before December 4, 2017; Notice of constitutional question on or before December 4, 2017; Notice of intervention respecting constitutional question on or before January 19, 2018; Appellants’ record, factum and book of authorities, if any, on or before January 22, 2018; Motion for leave to intervene on or before February 12, 2018; Responses to the motions for leave to intervene on or before February 19, 2018; Replies to responses to the motions for leave to intervene on or before February 22, 2018; Respondent’s record, factum and book of authorities, if any, on or before March 12, 2018; Intervener's factum and book of authorities, if any, on or before April 3, 2018 (intervener by leave and with respect to constitutional question).
Judgment reserved
2018-03-08 Certificate (on limitations to public access), (Letter Form), Joint with 37782 and 37783 Her Majesty the Queen
2018-03-08 Respondent's book of authorities, (Book Form), Joint with 37782 and 37783, Completed on: 2018-03-08 Her Majesty the Queen
2018-03-08 Respondent's factum, (Book Form), Joint with 37782 and 37783, Completed on: 2018-03-08 Her Majesty the Queen
2018-03-07 Order on motion for leave to intervene, (BY JUSTICE ROWE)
2018-03-07 Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) and the Canadian Civil Liberties Association for leave to intervene in the appeals Edward Tinker, et al. v. Her Majesty the Queen (37774), Garrett Eckstein v. Her Majesty the Queen (37782) and Daniel Larocque v. Her Majesty the Queen, et al. (37783);
AND UPON APPLICATION by the Aboriginal Legal Services, the Yukon Legal Services Society and the Criminal Lawyers’ Association of Ontario for leave to intervene in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774);
AND HAVING TAKEN NOTE OF THE ORDERS by Justice Abella dated November 2, 2017 and November 9, 2017 in the appeal Boudreault v. Her Majesty the Queen, et al. (37427) granting leave to intervene to the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) the British Columbia Civil Liberties Association, the Aboriginal Legal Services, the Canadian Civil Liberties Association, the Pivot Legal Society, the Yukon Legal Services Society;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted.
Given that the Canadian Civil Liberties Association, the Colour of Poverty – Colour of Change and the Income Security Advocacy Centre (jointly), the Aboriginal Legal Services Society and the Yukon Legal Services have each previously filed a factum in the appeal Alex Boudreault v. Her Majesty the Queen, et al. (37427), the said four (4) interveners shall be entitled to each serve and file a single revised factum common to all appeals not to exceed twelve (12) pages in length on or before April 3, 2018.
The Criminal Lawyers’ Association of Ontario shall be entitled to serve and file a factum not to exceed ten (10) pages in length, on or before April 3, 2018, in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774).
The said (5) five interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and respondents any additional disbursements occasioned to them by the interventions.
Granted
2018-03-07 Submission of motion for leave to intervene, Row
2018-02-22 Reply to the motion for leave to intervene, (Letter Form), Joint with 37782 and 37783, Completed on: 2018-02-22 Colour of Poverty - Colour of Change
2018-02-22 Reply to the motion for leave to intervene, (Letter Form), Joint with 37782 and 37783, Completed on: 2018-02-22 Canadian Civil Liberties Association
2018-02-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-02-16 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-02-16 Response to the motion for leave to intervene, (Letter Form), Joint with 37782 and 37783, Completed on: 2018-02-16 Her Majesty the Queen
2018-02-12 Notice of name, (Letter Form) Canadian Civil Liberties Association
2018-02-12 Motion for leave to intervene, (Book Form), Joint with 37782 and 37783, Completed on: 2018-02-12 Canadian Civil Liberties Association
2018-02-12 Notice of name, (Letter Form) Yukon Legal Services Society
2018-02-12 Motion for leave to intervene, (Letter Form), Completed on: 2018-02-12 Yukon Legal Services Society
2018-02-12 Notice of name, (Letter Form) Criminal Lawyers' Association of Ontario
2018-02-12 Motion for leave to intervene, (Book Form), Completed on: 2018-02-12 Criminal Lawyers' Association of Ontario
2018-02-07 Notice of name, (Letter Form) Colour of Poverty - Colour of Change
2018-02-07 Motion for leave to intervene, (Letter Form), Joint with 37782 and 37783, Completed on: 2018-02-07 Colour of Poverty - Colour of Change
2018-02-05 Notice of name, (Book Form) Aboriginal Legal Services
2018-02-05 Motion for leave to intervene, (Book Form), Affidavit of Darcy Belisle filed in a separate book., Completed on: 2018-02-05 Aboriginal Legal Services
2018-01-22 Certificate of counsel (attesting to record), (Letter Form) Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-01-22 Appellant's book of authorities, (Book Form), Completed on: 2018-01-22 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-01-22 Appellant's record, (Book Form), (2 volumes), Completed on: 2018-01-22 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-01-22 Appellant's factum, (Book Form), service missing - rec'd on Jan.23/2018., Completed on: 2018-02-08 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2018-01-19 Notice of name Attorney General of Quebec
2018-01-19 Notice of intervention respecting a constitutional question, Completed on: 2018-01-19 Attorney General of Quebec
2017-12-12 Intervener's book of authorities, (Book Form), (Joint with 37427, 37782 and 37783), Completed on: 2017-12-12 Colour of Poverty - Colour of Change
2017-12-04 Notice of constitutional question(s), (Letter Form), (AGs served on Dec.4/2017 via email), Completed on: 2017-12-04 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2017-12-04 Notice of appeal, (Letter Form), Completed on: 2017-12-04 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2017-11-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-11-24 Judgment on leave sent to the parties
2017-11-23 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-11-23 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 C60413, 2017 ONCA 552, dated June 30, 2017 is granted without costs. The appeal will be heard with Alex Boudreault v. Her Majesty the Queen, et al. (37427), Garrett Eckstein v. Her Majesty the Queen (37782) and Daniel Larocque v. Her Majesty the Queen, et al. (37783). The schedule for serving and filing materials will be set by the Registrar. The appellants are required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada.
Granted, without costs
2017-10-27 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-10-11 Respondent's response on the application for leave to appeal, (Letter Form), (joint with 37782 and 37783) Printed version filed on 2017-10-12., Completed on: 2017-10-11 Her Majesty the Queen
2017-10-02 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017-10-02
2017-09-28 Certificate (on limitations to public access) Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead
2017-09-28 Application for leave to appeal, (Book Form), CA order missing: received 2017-10-17, Completed on: 2017-10-20 Edward Tinker, Kelly Judge, Michael Bondoc and Wesley Mead