Docket
39287
Ross McKenzie Kirkpatrick v. Her Majesty The Queen
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-09-06 | Appeal closed | |
| 2022-07-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-07-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-07-29 | Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45759, 2020 BCCA 136, dated May 13, 2020, heard on November 3, 2021, is dismissed. Dismissed |
|
| 2021-11-24 | Transcript received, 116 pages require: hard copy (rec'd 2021-11-30) |
|
| 2021-11-08 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-11-16) | Ross McKenzie Kirkpatrick |
| 2021-11-04 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-11-12) | Her Majesty The Queen |
| 2021-11-03 | Judgment reserved OR rendered with reasons to follow | |
| 2021-11-03 | Hearing of the appeal, 2021-11-03, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2021-11-01 | Certificate (on limitations to public access), 23B - Condensed book | Ross McKenzie Kirkpatrick |
| 2021-11-01 | Certificate (on limitations to public access), 23B - Condensed Book | Her Majesty The Queen |
| 2021-10-29 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-10-29) | Ross McKenzie Kirkpatrick |
| 2021-10-29 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-01) | Her Majesty The Queen |
| 2021-10-28 | Correspondence (sent by the Court) to, Registration link and instructions for upcoming November Zoom hearing | |
| 2021-10-28 | Correspondence received from, (Letter Form), counsel for the Appellant takes no position on the request of the intervener, HIV & AIDS Legal Clinic Ontario and HIV Legal Network, with respect to the hearing in this matter, (Printed version due on 2021-11-04) | Ross McKenzie Kirkpatrick |
| 2021-10-27 | Correspondence received from, (Letter Form), The HIV Interveners have been positioned as the second intervener to make oral submissions following the Appellant's submissions. Counsel for the HIV Interveners requests that they be positioned to make oral submissions following the Respondent's submissions. , (Printed version due on 2021-11-03) |
HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-10-19 | Supplemental document, (Book Form), Additional authority - Academic article by Professors Gotell and Grant , Completed on: 2021-11-01, (Printed version due on 2021-10-26) | Her Majesty The Queen |
| 2021-10-19 | Correspondence received from, Filing additional authorities | Her Majesty The Queen |
| 2021-10-05 | Notice of appearance, (Letter Form), Jessica Lithwick and Kate Feeney will appear at the hearing. Jessica Lithwick will present oral argument. , (Printed version due on 2021-10-13) | West Coast Legal Education and Action Fund Association |
| 2021-10-04 | Notice of appearance, (Letter Form), Khalid Janmohamed, Robin Nobleman and Ryan Peck will appear at the hearing. Khalid Janmohamed will present oral argument. , (Printed version due on 2021-10-12) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-10-04 | Notice of appearance, (Letter Form), Frances Mahon and Harkirat Khosa will appear at the hearing. Frances Mahon will present oral argument. , (Printed version due on 2021-10-12) | Women's Legal Education and Action Fund Inc. |
| 2021-10-04 | Notice of appearance, (Letter Form), Philip W. Cote will appear and present oral argument at the hearing. , (Printed version due on 2021-10-12) | Ross McKenzie Kirkpatrick |
| 2021-10-04 | Notice of appearance, (Letter Form), Mark C. Halfyard will appear and present oral argument at the hearing. , (Printed version due on 2021-10-12) | Criminal Lawyers' Association (Ontario) |
| 2021-10-04 | Notice of appearance, (Letter Form), Dena Bonnet and Rebecca De Filippis will appear at the hearing. Dena Bonnet will present oral argument. , (Printed version due on 2021-10-12) | Attorney General of Ontario |
| 2021-10-04 | Notice of appearance, (Letter Form), John R.W. Caldwell and Janet A.M. Dickie will appear at the hearing. Mr. Caldwell will present oral argument. , (Printed version due on 2021-10-12) | Her Majesty The Queen |
| 2021-10-01 | Notice of appearance, (Letter Form), Christine Rideout, Q.C. will appear and present oral argument at the hearing. , (Printed version due on 2021-10-08) | Attorney General of Alberta |
| 2021-10-01 | Notice of appearance, (Letter Form), Joanna Birenbaum will appear and present oral argument at the hearing. , (Printed version due on 2021-10-08) | Barbra Schlifer Commemorative Clinic |
| 2021-08-11 | Intervener's book of authorities, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-11) | Barbra Schlifer Commemorative Clinic |
| 2021-08-11 | Intervener's factum, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-11) | Barbra Schlifer Commemorative Clinic |
| 2021-08-11 | Intervener's book of authorities, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-23) | Women's Legal Education and Action Fund Inc. |
| 2021-08-11 | Intervener's factum, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-23) | Women's Legal Education and Action Fund Inc. |
| 2021-08-11 | Intervener's factum, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-11) | Criminal Lawyers' Association (Ontario) |
| 2021-08-11 | Certificate (on limitations to public access), 23B - Intervener factum, (Printed version filed on 2021-08-12) | West Coast Legal Education and Action Fund Association |
| 2021-08-11 | Intervener's book of authorities, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-12) | West Coast Legal Education and Action Fund Association |
| 2021-08-11 | Intervener's factum, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-12) | West Coast Legal Education and Action Fund Association |
| 2021-08-11 | Intervener's factum, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-11) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-08-11 | Intervener's factum, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-12) | Attorney General of Ontario |
| 2021-08-10 | Intervener's factum, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-08-11) | Attorney General of Alberta |
| 2021-08-09 | Certificate (on limitations to public access), (Letter Form), 23B - Respondent 's Factum & Book of authorities, (Printed version due on 2021-08-16) | Her Majesty The Queen |
| 2021-07-29 | Respondent's book of authorities, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-07-29) | Her Majesty The Queen |
| 2021-07-29 | Respondent's factum, (Book Form), Completed on: 2021-08-19, (Printed version filed on 2021-07-29) | Her Majesty The Queen |
| 2021-07-14 | Correspondence received from, (Letter Form), Change of counsel contact information, (Printed version due on 2021-07-21) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-06-30 | Order on motion for leave to intervene, by KASIRER J. | |
| 2021-06-30 | Decision on the motion for leave to intervene, Kas, UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Alberta, the HIV & AIDS Legal Clinic Ontario and HIV Legal Network (jointly), the Barbra Schlifer Commemorative Clinic, the West Coast Legal Education and Action Fund, the Women’s Legal Education and Action Fund Inc., and the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal; AND UPON APPLICATION by the HIV & AIDS Legal Clinic Ontario and HIV Legal Network for an order granting them permission to jointly intervene in this matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted. The HIV & AIDS Legal Clinic Ontario and HIV Legal Network are granted permission to jointly intervene in this appeal, and shall be entitled to serve and file a single joint factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before August 11, 2021. Furthermore, the HIV & AIDS Legal Clinic Ontario and HIV Legal Network are granted permission to jointly present oral argument not exceeding five (5) minutes at the hearing of the appeal. The remaining six (6) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before August 11, 2021. The said six (6) interveners are also each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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 appellant and respondent any additional disbursements resulting from their interventions. Granted |
|
| 2021-06-30 | Submission of motion for leave to intervene, Kas | |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 | Appeal hearing scheduled, 2021-11-03 Judgment reserved |
|
| 2021-06-15 | Response to the motion for leave to intervene, Completed on: 2021-06-17, (Printed version due on 2021-06-22) | Ross McKenzie Kirkpatrick |
| 2021-06-11 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-06-11, (Printed version due on 2021-06-18) | Her Majesty The Queen |
| 2021-06-04 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 06/24/21), Completed on: 2021-07-06, (Printed version filed on 2021-06-04) | Attorney General of Alberta |
| 2021-06-04 | Notice of name, (Letter Form), (Printed version due on 2021-06-11) | Criminal Lawyers' Association (Ontario) |
| 2021-06-04 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/13/21), Completed on: 2021-07-20, (Printed version filed on 2021-06-04) | Criminal Lawyers' Association (Ontario) |
| 2021-06-04 | Notice of name, (Letter Form), (Printed version due on 2021-06-11) | Women's Legal Education and Action Fund Inc. |
| 2021-06-04 | Other book of authorities, (Book Form), Missing: Proof of Service (rec' 06/10/21), Completed on: 2021-06-11, (Printed version filed on 2021-06-10) | Women's Legal Education and Action Fund Inc. |
| 2021-06-04 | Motion for leave to intervene, (Book Form), Missing: Filing Fee- rec'd 2021-06-14 Proof of Service (rec' 06/10/21), Completed on: 2021-06-14, (Printed version filed on 2021-06-10) |
Women's Legal Education and Action Fund Inc. |
| 2021-06-04 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-06-11) | West Coast Legal Education and Action Fund Association |
| 2021-06-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-06-11) | West Coast Legal Education and Action Fund Association |
| 2021-06-04 | Notice of name, (Letter Form), (Printed version due on 2021-06-11) | West Coast Legal Education and Action Fund Association |
| 2021-06-04 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/09/21), Completed on: 2021-07-09, (Printed version due on 2021-06-11) | West Coast Legal Education and Action Fund Association |
| 2021-06-03 | Notice of name, (Letter Form), (Printed version due on 2021-06-10) | Barbra Schlifer Commemorative Clinic |
| 2021-06-03 | Other book of authorities, (Book Form), Completed on: 2021-06-07, (Printed version filed on 2021-06-04) | Barbra Schlifer Commemorative Clinic |
| 2021-06-03 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 06/24/21), Completed on: 2021-07-06, (Printed version filed on 2021-06-04) | Barbra Schlifer Commemorative Clinic |
| 2021-06-03 | Notice of name, (Letter Form), (Printed version filed on 2021-06-03) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-06-03 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 08/27/21), Completed on: 2021-09-20, (Printed version filed on 2021-06-03) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-05-31 | Order on motion to extend time, by CÔTÉ J. | |
| 2021-05-31 | Decision on motion to extend time, Côt, UPON APPLICATION by the appellant for an order extending the time to serve and file his factum, record and, if any, book of authorities to May 7, 2021. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before June 4, 2021. The respondent shall serve and file their factum, record and book of authorities, if any, on or before August 3, 2021. Granted |
|
| 2021-05-31 | Submission of motion to extend time, Côt | |
| 2021-05-28 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/05/21), Completed on: 2021-07-06, (Printed version filed on 2021-06-04) | Attorney General of Ontario |
| 2021-05-27 | Correspondence received from, (Letter Form), RE: Consents to Motion for an Extension of Time, (Printed version due on 2021-06-03) | Her Majesty The Queen |
| 2021-05-07 | Motion to extend time, (Book Form), Missing: Filing Fee (rec'd 2021-05-12), Completed on: 2021-05-12, (Printed version filed on 2021-05-07) | Ross McKenzie Kirkpatrick |
| 2021-05-07 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2021-05-07) | Ross McKenzie Kirkpatrick |
| 2021-05-07 | Certificate (on limitations to public access), (Letter Form), 23B-Factum-Record, (Printed version filed on 2021-05-07) | Ross McKenzie Kirkpatrick |
| 2021-05-07 | Appellant's record, (Book Form), (2 volumes), Record filed as -Volume 1: book form -Volume 2: book form -Volume 2, Tab 3C: audio file, filed electronically require: motion for extension of time (rec'd 2021-05-07, awaiting decision), Incomplete, (Printed version filed on 2021-05-07) |
Ross McKenzie Kirkpatrick |
| 2021-05-07 | Appellant's factum, (Book Form), require: motion for extension of time (rec'd 2021-05-07, awaiting decision), Incomplete, (Printed version filed on 2021-05-07) | Ross McKenzie Kirkpatrick |
| 2021-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-02-26 | Certificate (on limitations to public access), (Letter Form), 23B-Notice of Appeal, (Printed version due on 2021-03-05) | Ross McKenzie Kirkpatrick |
| 2021-02-26 | Notice of appeal, (Book Form), Completed on: 2021-04-16, (Printed version due on 2021-03-05) | Ross McKenzie Kirkpatrick |
| 2021-01-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-01-29 | Judgment on leave sent to the parties | |
| 2021-01-28 | 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 British Columbia (Vancouver), Number CA45759, 2020 BCCA 136, dated May 13, 2020, is granted. Granted |
|
| 2021-01-07 | Correspondence received from, (Letter Form), Respondent's Agent to change from Robert E. Houston, Q.C., to Matthew Estabrooks | Her Majesty The Queen |
| 2020-12-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-10-13 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty The Queen |
| 2020-10-13 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty The Queen |
| 2020-10-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-13 | Her Majesty The Queen |
| 2020-08-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 08/19/20 | |
| 2020-08-12 | Certificate (on limitations to public access), (Letter Form), 23B | Ross McKenzie Kirkpatrick |
| 2020-08-12 | Certificate (on limitations to public access), (Letter Form), 23A | Ross McKenzie Kirkpatrick |
| 2020-08-12 | Application for leave to appeal, (Book Form), Missing: TC Order (rec' 09/15/20), Completed on: 2020-09-16 | Ross McKenzie Kirkpatrick |
- Date modified: