Case information
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21252
Robert Nelson Luxton v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 1994-07-11 | Appeal closed | |
| 1992-11-16 | Correspondence (sent by the Court) to, sent to Court of Appeal of Alberta (Edmonton,AB) Re: Court records sent back. | |
| 1990-10-05 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1990-10-05 | Copy of formal judgment being prepared, Bruce A. MacFarlane, Q.C., C/O Dept. of Justice (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-10-05 | Formal judgment sent to the registrar of the court of appeal and all parties, (Edmonton,AB) | |
| 1990-09-19 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
| 1990-09-19 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1990-09-19 | Notice of deposit of judgment sent to all parties, Bruce A. MacFarlane, C/O Department of Justice (Ottawa,ON) | |
| 1990-09-19 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1990-09-19 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-09-13 |
Judgment on the appeal rendered, CJ CJ W L'HD So G Co, The appeal is dismissed. Dickson was Chief Justice at the time of hearing. Lamer was Chief Justice at the time of judgment. Dismissed, no order as to costs |
|
| 1990-06-28 | General proceeding, copy of N.S. Court of Appeal judgment in R. v. Kelsey | Her Majesty the Queen |
| 1990-04-17 | General proceeding, transcripts received and distributed to the justices (116 pages) | |
| 1990-03-26 |
Hearing of the appeal, 1990-03-26, (Appeal heard March 26th and 27th), CJ CJ W L'HD So G Co Decision reserved |
|
| 1990-03-26 | Service, of A.G. Qué.'s factum | |
| 1990-03-23 | Intervener's factum, 21 copies, with service | Attorney General for Ontario |
| 1990-03-23 | Correspondence (sent by the Court) to, from Burke-Robertson re: expects to take 15 mins. in argument | |
| 1990-03-22 | Book of authorities, 10 copies, with service | Her Majesty the Queen |
| 1990-03-22 | Book of authorities, 10 copies | Robert Nelson Luxton |
| 1990-03-21 | Book of authorities, 10 copies, with service | Attorney General of Canada |
| 1990-03-21 | Intervener's factum, 21 copies | Attorney General of Quebec |
| 1990-03-20 | Book of authorities, 10 copies (joint with 21382 & 21122) vol. I to V, with service | Attorney General for Ontario |
| 1990-03-16 | Intervener's factum, 21 copies (joint with 21122-21284-20758-21076- 21382), with service | Attorney General of Canada |
| 1990-03-16 | Intervener's factum, 21 copies | Attorney General of Manitoba |
| 1990-03-13 | Respondent's factum, 20 copies, with service | Her Majesty the Queen |
| 1990-02-01 |
Appeal hearing scheduled, 1990-03-26 Decision reserved |
|
| 1990-01-15 | Notice of hearing, With service | Robert Nelson Luxton |
| 1990-01-09 | Service, of Appellant's factum | |
| 1990-01-08 | Appeal perfected for hearing, Session beginning on 1990-01-22 | |
| 1989-12-21 | Service, (proof) of appellant's factum | |
| 1989-12-18 | Appellant's factum, 21 copies, with service | Robert Nelson Luxton |
| 1989-12-06 | Certified casebook, vols. 1 to 6 | Robert Nelson Luxton |
| 1989-12-05 | Appeal court record | |
| 1989-12-05 | Trial court record | |
| 1989-11-28 | Case on appeal, 21 copies, vols. 1 to 6 | Robert Nelson Luxton |
| 1989-10-04 | Order on motion to extend time, to file a notice of intervention | |
| 1989-09-29 | Notice of intervention respecting a constitutional question, With service | Attorney General of British Columbia |
| 1989-09-28 |
Decision on motion to extend time, in which the A.G. - B.C. may file a notice of intervention to Sept. 29/89., Co Granted, no order as to costs |
|
| 1989-09-28 | Hearing of motion to extend time, 1989-09-28, in which the A.G. - B.C. may file a notice of intervention to Sept. 29/89., Co | |
| 1989-09-28 | Submission of motion to extend time, 1989-09-28, in which the A.G. - B.C. may file a notice of intervention to Sept. 29/89., Co | |
| 1989-09-22 | Response to motion to extend time | Attorney General of British Columbia |
| 1989-09-22 | Motion to extend time, to file the notice of intervention,, with service | Attorney General of British Columbia |
| 1989-09-07 | General proceeding, to note Appeal to be heard January 22, 1990 at the same time as the following Appeals; "The Queen v. Allan Ronald Rodney" (21284), "The Queen v. Roderick Russell Martineau" (21122), "Kevin James Arkell v. The Queen" (21076), "The Queen v. Sutcliffe Logan | |
| 1989-07-04 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
| 1989-07-04 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1989-06-30 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1989-06-30 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 1989-06-28 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1989-06-16 | Notice of constitutional question(s), With service | Robert Nelson Luxton |
| 1989-06-13 | Order on motion to state a constitutional question | |
| 1989-06-02 |
Decision on the motion to state a constitutional question, (For AMENDED Constitutional Questions see file or Reg's Red Bk #7 @ p. 193. Interventions by July 4/89)., CJ Granted, no order as to costs |
|
| 1989-06-02 | Hearing of the motion to state a constitutional question, 1989-06-02, (For AMENDED Constitutional Questions see file or Reg's Red Bk #7 @ p. 193. Interventions by July 4/89)., CJ | |
| 1989-06-02 | Submission of motion to state a constitutional question, 1989-06-02, (For AMENDED Constitutional Questions see file or Reg's Red Bk #7 @ p. 193. Interventions by July 4/89)., CJ | |
| 1989-05-26 | Response to the motion to state a constitutional question, (amended) | Her Majesty the Queen |
| 1989-04-21 |
Decision on the motion to state a constitutional question, (for Constitutional Questions see file or reg's red book #7 @ p.177. Interventions by May 26/89)., CJ Granted, no order as to costs |
|
| 1989-04-21 | Hearing of the motion to state a constitutional question, 1989-04-21, (for Constitutional Questions see file or reg's red book #7 @ p.177. Interventions by May 26/89)., CJ | |
| 1989-04-21 | Submission of motion to state a constitutional question, 1989-04-21, (for Constitutional Questions see file or reg's red book #7 @ p.177. Interventions by May 26/89)., CJ | |
| 1989-04-04 | Response to the motion to state a constitutional question, With service | Her Majesty the Queen |
| 1989-04-04 | Motion to state a constitutional question, With service | Robert Nelson Luxton |
| 1989-03-21 | Order granting leave to appeal, approved | |
| 1989-03-20 | Notice of appeal, With service | Robert Nelson Luxton |
| 1989-02-20 |
Judgment of the Court on the application for leave to appeal, La L'HD Co Granted, no order as to costs |
|
| 1989-02-20 | Hearing of the application for leave to appeal, 1989-02-20, La L'HD Co | |
| 1989-02-20 | All materials on application for leave submitted to the Judges, 1989-02-20, La L'HD Co | |
| 1989-02-20 | Close file on Leave | |
| 1989-02-17 | Hearing of the application for leave to appeal scheduled | |
| 1989-02-01 | Order on motion to extend the time to file and/or serve the leave application | |
| 1989-01-31 |
Decision on motion to extend time to file and /or serve the leave application, to Feb 20/1989, McI Granted, no order as to costs |
|
| 1989-01-31 | Hearing of motion to extend time to file and/ or serve the leave application, 1989-01-31, to Feb 20/1989, McI | |
| 1989-01-31 | Submission of motion to extend time to file and/ or serve the leave application, 1989-01-31, to Feb 20/1989, McI | |
| 1989-01-30 | Application for leave to appeal ready to be heard (old rules) | |
| 1989-01-25 | Response to the motion to extend the time to file and / or serve the leave application | Her Majesty the Queen |
| 1989-01-25 | Affidavit, of Alexander David Pringle, with service | Robert Nelson Luxton |
| 1989-01-25 | Motion to extend the time to file and or serve the application for leave to appeal, With service | Robert Nelson Luxton |
| 1988-12-13 | General proceeding, to note this motion is under the old rules and we are waiting for counsel to file a amended notice of motion with a returnable date | |
| 1988-12-13 | Application for leave to appeal, 5 copies, with service, Completed on: 1988-12-13 | Robert Nelson Luxton |
| 1988-12-13 | Response to the motion to extend the time to file and / or serve the leave application, With service | Her Majesty the Queen |
| 1988-12-13 | Affidavit, of E. Van Bemmel, with service | Robert Nelson Luxton |
| 1988-12-13 | Motion to extend the time to file and or serve the application for leave to appeal, With service | Robert Nelson Luxton |
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 |
|---|---|---|
| Luxton, Robert Nelson | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
Counsel
Party: Luxton, Robert Nelson
Counsel
Alexander D. Pringle, Q.C.
Pringle Renouf & Associates
200 - 10237, 104th Street
Edmonton, Alberta
T5J 4A1
Telephone: (403) 424-8866
FAX: (403) 426-1470
200 - 10237, 104th Street
Edmonton, Alberta
T5J 4A1
Telephone: (403) 424-8866
FAX: (403) 426-1470
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
Jack A. Watson, Q.C.
Attorney General of Alberta
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General for Ontario
Counsel
David B. Butt
W.J. Blacklock
W.J. Blacklock
Attorney General for Ontario
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4582
FAX: (416) 326-4656
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4582
FAX: (416) 326-4656
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
Bruce A. Macfarlane, Q.C.
Don Avison
Don Avison
Attorney General of Canada
110 - 450 BROADWAY
WINNIPEG, Manitoba
R3C 0V8
Telephone: (204) 945-8389
110 - 450 BROADWAY
WINNIPEG, Manitoba
R3C 0V8
Telephone: (204) 945-8389
Party: Attorney General of Quebec
Counsel
Jacques Gauvin
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of British Columbia
Counsel
Joseph J. Arvay, Q.C.
Attorney General of British Columbia
310 - 900 HOWE ST
VANCOUVER, British Columbia
V6Z 2M4
Telephone: (250) 689-4438
310 - 900 HOWE ST
VANCOUVER, British Columbia
V6Z 2M4
Telephone: (250) 689-4438
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Manitoba
Counsel
Marva J. Smith
Attorney General of Manitoba
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-1951
FAX: (204) 945-0053
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-1951
FAX: (204) 945-0053
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Summary
Keywords
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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.
None.
Lower court rulings
December 3, 1985
Court of Queen’s Bench of Alberta
Not listed
Court of Queen’s Bench of Alberta
Not listed
Conviction: First degree murder
March 11, 1988
Court of Appeal of Alberta (Edmonton)
8503-9819-A5
Court of Appeal of Alberta (Edmonton)
8503-9819-A5
The appeal from conviction is dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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.
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Date modified: 2025-05-13