Case information
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24436
National Parole Board, et al. v. Ian Ross Mooring
(British Columbia) (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) |
|---|---|---|
| 1997-07-23 | Appeal closed | |
| 1996-04-04 | Record returned to the Registrar of the Court of Appeal | |
| 1996-02-15 | Copy of formal judgment being prepared, Burke-Robertson | |
| 1996-02-15 | Copy of formal judgment being prepared, A.G. of Canada (Ottawa, ON) | |
| 1996-02-15 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1996-02-14 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1996-02-09 | Notice of deposit of judgment sent to all parties, Burke-Robertson | |
| 1996-02-09 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1996-02-09 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1996-02-08 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed and the judgment of the Court of Appeal of British Columbia is set aside, McLachlin and Major JJ. dissenting. Allowed, no order as to costs |
|
| 1996-01-08 | Correspondence (sent by the Court) to, from Gowling re: new address of J. Ray, counsel for the Respondent: 315 - 625 Agnes Street, New Westminster, B.C. V3M-5Y4 | |
| 1995-06-16 | General proceeding, transcripts received and distributed to the judges (96 pages) | |
| 1995-05-31 |
Hearing of the appeal, 1995-05-31, (LaF et McL absents), CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1995-05-30 | Correspondence (sent by the Court) to, of George Dolhai re: duration of argument (second letter) | |
| 1995-05-30 | Correspondence (sent by the Court) to, of George Dolhai re: duration of argument | |
| 1995-05-25 | Book of authorities, 10 copies, with service | Attorney General for Ontario |
| 1995-05-19 | Intervener's factum, 24 copies, with service | Attorney General for Ontario |
| 1995-05-17 | Book of authorities, 10 copies, with service | Attorney General of British Columbia |
| 1995-05-17 | Intervener's factum, 24 copies, with service | Attorney General of British Columbia |
| 1995-05-17 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1995-05-10 | Order on motion to extend time, for leave to intervene | |
| 1995-05-10 | Order on motion for leave to intervene | |
| 1995-05-09 | Respondent's factum, 24 copies, with service | Ian Ross Mooring |
| 1995-05-08 | Response to the motion for leave to intervene, of A.G. Ontario | Attorney General of British Columbia |
| 1995-05-08 | Response to the motion for leave to intervene, of A.G. Ontario | Ian Ross Mooring |
| 1995-05-08 | Response to motion to extend time, for leave to intervene of A.G. Ontario | Attorney General of British Columbia |
| 1995-05-08 | Response to motion to extend time, for leave to intervene of A.G. Ontario | Ian Ross Mooring |
| 1995-05-08 |
Decision on motion to extend time, for leave to intervene, So Granted, no order as to costs |
|
| 1995-05-08 | Hearing of motion to extend time, 1995-05-08, for leave to intervene, So | |
| 1995-05-08 | Submission of motion to extend time, 1995-05-08, for leave to intervene, So | |
| 1995-05-08 |
Decision on the motion for leave to intervene, factum to be filed on or before May 19/95 and oral argument is limited to 10 minutes, So Granted, no order as to costs |
|
| 1995-05-08 | Hearing of motion for leave to intervene, 1995-05-08, factum to be filed on or before May 19/95 and oral argument is limited to 10 minutes, So | |
| 1995-05-08 | Submission of motion for leave to intervene, 1995-05-08, factum to be filed on or before May 19/95 and oral argument is limited to 10 minutes, So | |
| 1995-05-05 | Correspondence (sent by the Court) to, (by fax) from Graham Garton; re: appellants will not oppose the intervention of A.G. Ontario provided that the intervention does not delay the hearing of the appeal | |
| 1995-05-05 | Correspondence (sent by the Court) to, from David Frankel to A. Roland re: content with the proposed procedure by CJ (fax copy) | |
| 1995-05-04 | Affidavit, Dianne Dougall, with service | Attorney General for Ontario |
| 1995-05-04 | Motion for leave to intervene, With service | Attorney General for Ontario |
| 1995-05-04 | Affidavit, for leave to intervene; Dianne Dougall, with service | Attorney General for Ontario |
| 1995-05-04 | Motion to extend time, for leave to intervene, with service | Attorney General for Ontario |
| 1995-05-03 | Correspondence (sent by the Court) to, (by fax) from Jeffrey R. Ray; re: content with the procedure proposed by CJ (original received on May 8, 1995) | |
| 1995-05-02 | Correspondence (sent by the Court) to, (by fax) from Angela R. Westmacott; re: no objection to the proceeding outlined in the Registrar's letter dated April 27/95 (original received on May 8, 1995) | |
| 1995-04-27 | Correspondence (sent by the Court) to, sent to Jeffrey R. Ray (New Westminster, BC) re: Madam Justice McLachlin's surgery which she will be away four weeks and that if agreeable to her and to counsel and if necessary, that she could participate in cases requiring a full bench by means of vide | |
| 1995-04-27 | Correspondence (sent by the Court) to, sent to Angela Westmacott (Victoria, BC) re: Madam Justice McLachlin's surgery which she will be away four weeks and that if agreeable to her and to counsel and if necessary, that she could participate in cases requiring a full bench by means of video-tap | |
| 1995-04-27 | Correspondence (sent by the Court) to, sent to Dept of Justice (Ottawa,ON) re: Madam Justice McLachlin's surgery which she will be away four weeks and that if agreeable to her and to counsel and if necessary, that she could participate in cases requiring a full bench by means of video-tape of | |
| 1995-04-12 | Appeal hearing | |
| 1995-04-11 | Book of authorities, 10 copies | National Parole Board |
| 1995-04-11 | Appellant's factum, 24 copies, with service | National Parole Board |
| 1995-03-08 | Appeal removed from the list | |
| 1995-02-22 |
Decision on the motion for leave to intervene, CJ, It is ordered that: 1. The A.G. of B.C. be granted leave to intervene into the appeal; 2. The intervenor's factum shall be limited to 20 pages; 3. The intervenor may appeal through counsel on the hearing of the appeal to present oral submissions limited to 15 minutes. At the request of the appellant, the hearing of the appeal is adjourned to May 31/95. Granted, no order as to costs |
|
| 1995-02-22 | Hearing of motion for leave to intervene, 1995-02-22, CJ | |
| 1995-02-22 | Submission of motion for leave to intervene, 1995-02-22, CJ | |
| 1995-02-17 | Affidavit, Angela R. Westmacott, with service | Attorney General of British Columbia |
| 1995-02-17 | Motion for leave to intervene, With service | Attorney General of British Columbia |
| 1995-01-26 | Correspondence (sent by the Court) to, from Graham Garton; re: pages 45a and 45b to be inserted in the Case on Appeal, sent to CJ LaF L'HD So G Co McL I Ma, Jan 26/95 | |
| 1995-01-24 |
Appeal hearing scheduled, 1995-05-31 Decision reserved |
|
| 1995-01-09 | Notice of hearing | National Parole Board |
| 1995-01-09 | Certified casebook | National Parole Board |
| 1995-01-09 | Case on appeal, 23 copies | National Parole Board |
| 1995-01-05 | Appeal court record, 1 envelope | |
| 1995-01-04 | Correspondence (sent by the Court) to, sent to A.G. of Canada (Ottawa, ON) enclosing copy of Rule 32 | |
| 1995-01-04 | Correspondence (sent by the Court) to, sent to Jeffrey R. Ray (New Westminster, BC) enclosing copy of Rule 32 | |
| 1994-12-29 | Order granting leave to appeal | |
| 1994-12-22 | Notice of appeal, With service | National Parole Board |
| 1994-12-16 | Correspondence received from, from Robert Frater addressed to A.G.'s; re: leave granted, appeal to be heard in the Winter term | National Parole Board |
| 1994-12-15 |
Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted. The appellants are to advise the A.G.s' of the Provinces of this appeal. The appeal is to be heard on an expedited basis. Granted, no order as to costs |
|
| 1994-12-15 |
Decision on the motion for a stay of execution, is dismissed. The application for leave to appeal is granted. The appellants are to advise the A.G.s' of the Provinces of this appeal. The appeal is to be heard on an expedited basis., So Ia Ma Dismissed, no order as to costs |
|
| 1994-12-15 | Hearing of motion for a stay of execution, 1994-12-15, is dismissed. The application for leave to appeal is granted. The appellants are to advise the A.G.s' of the Provinces of this appeal. The appeal is to be heard on an expedited basis., So Ia Ma | |
| 1994-12-15 | Submission of motion for a stay of execution, 1994-12-15, is dismissed. The application for leave to appeal is granted. The appellants are to advise the A.G.s' of the Provinces of this appeal. The appeal is to be heard on an expedited basis., So Ia Ma | |
| 1994-12-09 | All materials on application for leave submitted to the Judges, CJ G Ia | |
| 1994-12-08 | Other documents on motion for a stay of execution, 2 copies of response | |
| 1994-12-07 | Proof of service, of the application for leave to appeal and stay admitted on Dec. 1/94 | |
| 1994-12-05 | General proceeding, 5 copies of trial court reasons | National Parole Board |
| 1994-12-01 | Affidavit, of Nancy Stableforth (original) in support of the Stay | National Parole Board |
| 1994-12-01 | Motion for a stay of execution, 2 copies | National Parole Board |
| 1994-12-01 | General proceeding, the respondent does not oppose the leave application (see tab "A" of the leave app.) | Ian Ross Mooring |
| 1994-12-01 | $30.00 filing fee, deducted from Justice account | National Parole Board |
| 1994-12-01 | Application for leave to appeal, 5 copies (missing proof of service - reasons of trial court), Completed on: 1994-12-07 | National Parole Board |
| 1994-11-28 | Appeal perfected for hearing, Session beginning on 1995-04-24 |
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 |
|---|---|---|
| National Parole Board | Applicant | Active |
| Warden of Kent Institution | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mooring, Ian Ross | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: National Parole Board
Counsel
S. David Frankel, Q.C.
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Robert J. Frater
Attorney General of Canada
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Warden of Kent Institution
Counsel
S. David Frankel, Q.C.
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Robert J. Frater
Attorney General of Canada
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Department of Justice
284 Wellington Street, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Mooring, Ian Ross
Counsel
Jeffrey R. Ray
225 - 50 Lorne Street
New Westminster, British Columbia
V3M 6G3
Telephone: (604) 522-3335
FAX: (604) 522-3388
New Westminster, British Columbia
V3M 6G3
Telephone: (604) 522-3335
FAX: (604) 522-3388
Agent
Brian A. Crane, Q.C.
Gowling Lafleur 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 of British Columbia
Counsel
Angela R. Westmacott
Kevin E. Gillese
Kevin E. Gillese
Attorney General of British Columbia
1001 DOUGLAS ST
6TH FL
VICTORIA, British Columbia
V8V 1X4
Telephone: (604) 356-8400
1001 DOUGLAS ST
6TH FL
VICTORIA, British Columbia
V8V 1X4
Telephone: (604) 356-8400
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 for Ontario
Counsel
Hart Schwartz
Attorney General for Ontario
8th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-9858
FAX: (416) 326-4181
8th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-9858
FAX: (416) 326-4181
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
October 3, 1994
Court of Appeal for British Columbia (Vancouver)
CA017462
Court of Appeal for British Columbia (Vancouver)
CA017462
appeal allowed
Memorandums of argument on application for leave to appeal
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 filing 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.
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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.
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
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Date modified: 2025-05-13