Case information

Docket

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

List of proceedings

Date	Proceeding	Filed By (if applicable)
2012-10-17	Appeal closed
2012-10-09	Formal judgment sent to the registrar of the court of appeal and all parties
2012-10-09	Judgment on appeal and notice of deposit of judgment sent to all parties
2012-10-05	Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 08-30-07036, 2010 MBCA 93, dated October 13, 2010, heard on February 8, 2012, is allowed in part. The convictions in respect of the complaints by S.H., D.C.S. and D.H. are restored. The appeal in respect of the complaint by K.G. is dismissed. Allowed in part
2012-04-18	Media lock-up request accepted
2012-04-18	Media lock-up consent form received from, Eugene Meehan	Clato Lual Mabior
2012-04-18	Media lock-up consent form received from, Elizabeth Thomson	Her Majesty the Queen
2012-03-21	Media lock-up letter, consent form and undertaking sample sent to all parties
2012-03-20	Media lock-up requested or proposed
2012-02-27	Transcript received, (165 pages)
2012-02-20	Correspondence received from, (by fax) Lucie Joncas dated February 20, 2012 re: errors in the factum (sent to the Court on Feb 22, 2012)	L'institut national de santé publique du Québec
2012-02-08	Judgment reserved OR rendered with reasons to follow
2012-02-08	Intervener's condensed book, (14 copies) submitted in Court	L'institut national de santé publique du Québec
2012-02-08	Intervener's condensed book, (14 copies) submitted in Court	Canadian HIV/AIDS Legal Network
2012-02-08	Respondent's condensed book, (14 copies) distributed in Court	Clato Lual Mabior
2012-02-08	Appellant's condensed book, (14 copies) dsitributed in Court	Her Majesty the Queen
2012-02-08	Acknowledgement and consent for video taping of proceedings, by all parties
2012-02-08	Hearing of the appeal, 2012-02-08, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved
2012-02-01	Correspondence received from, Two reserved seats requested	L'institut national de santé publique du Québec
2012-01-31	Notice of appearance, Jonathan Shime, Corie Langdon, Richard Elliott and Ryan Peck will be appearing and Mr. Shime will make oral argument.	Canadian HIV/AIDS Legal Network
2012-01-31	Notice of appearance, (Letter Form), Michael A. Feder and Angela M. Juba will be present at hearing	British Columbia Civil Liberties Association
2012-01-31	Notice of appearance, (Letter Form), Lucie Joncas and François Côté will be present at hearing	L'institut national de santé publique du Québec
2012-01-30	Notice of appearance, (Letter Form), François Dadour will be present at the hearing	Association des Avocats de la Défense de Montréal
2012-01-30	Notice of appearance, (Letter Form), Amanda Sansregret and Corey La Berge will be present at hearing	Clato Lual Mabior
2012-01-30	Decision on motion to extend time, Cro, AND UPON APPLICATION by the British Columbia Civil Liberties Association for an extension of time to serve and file its factum and book of authorities to January 5, 2012 and to make oral argument at the hearing of these appeals; Granted
2012-01-30	Submission of motion to extend time, Cro
2012-01-30	Order by, (Revised Feb. 7/12), Cro, FURTHER TO THE ORDERS dated October 25, 2011 and January 12, 2012, granting leave to intervene to the Canadian HIV/AIDS Legal Network, HIV & AIDS Legal Clinic Ontario, Coalition des organismes communautaires québécois de lutte contre le sida, Positive Living Society of British Columbia, Canadian AIDS Society, Toronto People With AIDS Foundation, Black Coalition for AIDS Prevention and Canadian Aboriginal AIDS Network, the Criminal Lawyers' Association of Ontario, the British Columbia Civil Liberties Association, the Attorney General of Alberta, the Institut national de santé publique du Québec and the Association des Avocats de la Défense de Montréal; AND UPON APPLICATION by the British Columbia Civil Liberties Association for an extension of time to serve and file its factum and book of authorities to January 5, 2012 and to make oral argument at the hearing of these appeals; IT IS HEREBY FURTHER ORDERED THAT the extension of time to serve and file the factum and book of authorities of the British Columbia Civil Liberties Association to January 5, 2012, is granted. IT IS HEREBY FURTHER ORDERED THAT the six groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted
2012-01-27	Response to motion to extend time, (Letter Form), (BCCLA) rec'd by email from Gowlings, Completed on: 2012-01-27	Her Majesty the Queen
2012-01-24	Intervener's book of authorities, Joint with 34094, Completed on: 2012-01-24	L'institut national de santé publique du Québec
2012-01-24	Intervener's factum, Joint with 34094, Completed on: 2012-01-24	L'institut national de santé publique du Québec
2012-01-16	Intervener's book of authorities, Joint with 34094, Completed on: 2012-01-16	Association des Avocats de la Défense de Montréal
2012-01-16	Intervener's factum, Joint with 34094, Completed on: 2012-01-16	Association des Avocats de la Défense de Montréal
2012-01-12	Order on motion for leave to intervene, (By Justice Cromwell) (Joint with 34094)
2012-01-12	Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Attorney General of Alberta for leave to intervene in the appeal Her Majesty the Queen v. D.C. (34094); AND UPON APPLICATIONS by Institut National de santé publique du Québec and by Association des Avocats de la Défense de Montréal for an extension of time and for leave to intervene in the appeals Her Majesty the Queen v. Clato Lual Mabior (33976) and Her Majesty the Queen v. D.C. (34094) AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Attorney General of Alberta is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length in the appeal of Her Majesty the Queen v. D.C. (34094) on or before January 24, 2012; The motions for an extension of time and for leave to intervene of the Institut National de santé publique du Québec and the Association des Avocats de la Défense de Montréal are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length in the appeals Her Majesty the Queen v. Clato Lual Mabior (33976) and Her Majesty the Queen v. D.C. (34094) on or before January 24, 2012; The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be 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 the appellants and respondents by their interventions. Granted
2012-01-12	Submission of motion for leave to intervene, (with motion for extension of time), Cro
2012-01-12	Correspondence received from, P. Landry dated Jan 12, 2012 re: name of agent	Association des Avocats de la Défense de Montréal
2012-01-11	Correspondence received from, E. Meehan dated Jan 6, 2012 re: updated contact information	Clato Lual Mabior
2012-01-09	Response to motion to extend time, (Letter Form), to file and serve the intervener's factum (BCCLA), Completed on: 2012-01-09	Clato Lual Mabior
2012-01-09	Correspondence received from, 16 reserved seats requested	Canadian HIV/AIDS Legal Network
2012-01-06	Correspondence received from, Eugene Meehan, fax dated Jan.06, 2012, re.: updating contact information	Canadian HIV/AIDS Legal Network
2012-01-05	Motion to extend time, to file and serve the intervener's factum (BCCLA) - joint with 34094 (AMENDED MOTION filed on Jan.23/12), Completed on: 2012-01-05	British Columbia Civil Liberties Association
2012-01-05	Intervener's book of authorities, Joint with 34094, Completed on: 2012-01-05	British Columbia Civil Liberties Association
2012-01-05	Intervener's factum, Joint with 34094, Completed on: 2012-01-05	British Columbia Civil Liberties Association
2011-12-20	Intervener's book of authorities, Joint with 34094, Completed on: 2011-12-20	Criminal Lawyers' Association of Ontario
2011-12-20	Intervener's factum, Joint with 34094, Completed on: 2011-12-20	Criminal Lawyers' Association of Ontario
2011-12-20	Intervener's book of authorities, Joint with 34094 (2 volumes), Completed on: 2011-12-20	Canadian HIV/AIDS Legal Network
2011-12-20	Intervener's factum, Joint with 34094 - CD missing - Rec'd on Dec. 28, 2011, Completed on: 2011-12-28	Canadian HIV/AIDS Legal Network
2011-12-15	Correspondence received from, Gowling by email, re.: request for 1 reserved seat at the hearing	Her Majesty the Queen
2011-12-15	Notice of appearance, Andras Schreck and Candice Suter will be present at the hearing.	Criminal Lawyers' Association of Ontario
2011-12-15	Notice of appearance, Elizabeth Thomson and Ami Kotler will be present at the hearing.	Her Majesty the Queen
2011-12-13	Correspondence received from, BCCLA dated Dec. 12, 2011, re.: late to file their factum.	British Columbia Civil Liberties Association
2011-12-12	Response to the motion for leave to intervene, Fax from Eugene Meehan, Q.C., dated Dec. 12, 2011, Completed on: 2011-12-12	Clato Lual Mabior
2011-12-09	Notice of withdrawal	Attorney General of Ontario
2011-12-08	Notice of hearing sent to parties
2011-12-07	Appeal hearing scheduled, 2012-02-08, (Early start 9:00am) Judgment reserved
2011-12-05	Response to the motion for leave to intervene, Email from Gowlings, dated Dec. 2, 2011, Completed on: 2011-12-05	Her Majesty the Queen
2011-12-02	Motion for leave to intervene, (Joint with 34094) Motion to extend time missing (amended rec'd on Dec. 5, 2011 joint with motion to extend time), Completed on: 2011-12-06	L'institut national de santé publique du Québec
2011-11-30	Motion for leave to intervene, (joint with 34094) (extension of time included) (bookform), Completed on: 2011-11-30	Association des Avocats de la Défense de Montréal
2011-10-25	Order on motion for leave to intervene, (BY CROMWELL J.) (joint with 34094)
2011-10-25	Decision on the motion for leave to intervene, (joint with 34094), Cro, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the appeal of Her Majesty the Queen v. Clato Lual Mabior (33976); AND UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the appeal of Her Majesty the Queen v. D.C. (34094); AND UPON APPLICATIONS by the Canadian HIV/AIDS Legal Network, HIV & AIDS Legal Clinic Ontario, Coalition des organismes communautaires québécois de lutte contre le sida, Positive Living Society of British Columbia, Canadian AIDS Society, Toronto People With AIDS Foundation, Black Coalition for AIDS Prevention and Canadian Aboriginal AIDS Network, the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association for leave to intervene in the appeals Her Majesty the Queen v. Clato Lual Mabior (33976) and Her Majesty the Queen v. D.C.(34094) AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of Ontario are granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length in the appeals. The motion for leave to intervene of the Canadian HIV/AIDS Legal Network, HIV & AIDS Legal Clinic Ontario, Coalition des organismes communautaires québécois de lutte contre le sida, Positive Living Society of British Columbia, Canadian AIDS Society, Toronto People With AIDS Foundation, Black Coalition for AIDS Prevention and Canadian Aboriginal AIDS Network is granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length in the appeals. The motions for leave to intervene of the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length in the appeals. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be 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 the appellants and respondents by their interventions Granted
2011-10-25	Submission of motion for leave to intervene, Cro
2011-10-20	Appeal perfected for hearing
2011-10-19	Respondent's book of authorities, Completed on: 2011-10-19	Clato Lual Mabior
2011-10-19	Respondent's factum, Completed on: 2011-10-19	Clato Lual Mabior
2011-10-03	Response to the motion for leave to intervene, (of the Criminal Lawyers Association), Completed on: 2011-10-03	Clato Lual Mabior
2011-09-30	Response to the motion for leave to intervene, (Letter Form), from E. Meehan dated September 30, 2011, Completed on: 2011-09-30	Clato Lual Mabior
2011-09-23	Response to the motion for leave to intervene, email from Gowlings dated Sept. 23/11 (by CLA), Completed on: 2011-09-23	Her Majesty the Queen
2011-09-23	Motion for leave to intervene, joint with the motion to intervene in 34094, Completed on: 2011-09-23	Criminal Lawyers' Association of Ontario
2011-09-22	Response to the motion for leave to intervene, email from Gowlings dated Sept. 22/11 (by BCCLA and HIV/AIDS), Completed on: 2011-09-22	Her Majesty the Queen
2011-09-21	Motion for leave to intervene, (bookform) joint with the motion to intervene in 34094, Completed on: 2011-09-21	British Columbia Civil Liberties Association
2011-09-20	Motion for leave to intervene, Bookform, joint with application in file 34094, Completed on: 2011-09-20	Canadian HIV/AIDS Legal Network
2011-09-19	Response to the motion for leave to intervene, (Letter Form), From E. Meehan, dated September 19, 2011 by fax, Completed on: 2011-09-19	Clato Lual Mabior
2011-09-09	Correspondence received, From François Dadour re: motion to intervene
2011-09-09	Response to the motion for leave to intervene, (Letter Form), of AGON, Completed on: 2011-09-09	Her Majesty the Queen
2011-09-09	Motion for leave to intervene, Completed on: 2011-09-09	Attorney General of Ontario
2011-08-24	Appellant's record, (5 volumes), Completed on: 2011-08-24	Her Majesty the Queen
2011-08-24	Appellant's book of authorities, Completed on: 2011-08-24	Her Majesty the Queen
2011-08-24	Appellant's factum, Completed on: 2011-08-24	Her Majesty the Queen
2011-07-21	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-06-03	Notice of appeal, Completed on: 2011-06-03	Her Majesty the Queen
2011-05-06	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-05-06	Judgment on leave sent to the parties
2011-05-05	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 of Manitoba, Number AR 08-30-07036, 2010 MBCA 93, dated October 13, 2010, is granted without costs. Granted, without costs
2011-03-31	All materials on application for leave submitted to the Judges, CJ Abe Cro
2011-03-21	Respondent's response on the application for leave to appeal, Completed on: 2011-03-21	Clato Lual Mabior
2011-02-25	Correspondence received from, Richard Elliott, dated February 14/11, Re: intention to file motion for leave to intervene	Canadian HIV/AIDS Legal Network
2011-02-08	Notice of change of solicitor, for Elizabeth Tomson in place of Diana M. Cameron	Her Majesty the Queen
2011-02-04	Order on motion to extend time, (BY REGISTRAR)
2011-02-04	Decision on motion to extend time, Reg, UPON APPLICATION by counsel on behalf of the Respondent for an order extending the time within which to serve and file a Response and an Application for Leave to Cross-Appeal to thirty (30) days following the appointment of new counsel on behalf of the Respondent by Legal Aid Manitoba. IT IS ORDERED that the motion is granted Granted
2011-02-04	Submission of motion to extend time, Reg
2011-01-24	Response to motion to extend time, (Letter Form), from Gowlings dated Jan. 25/11, Completed on: 2011-01-24	Her Majesty the Queen
2011-01-24	Motion to extend time, to serve and file the respondent's response until a new counsel is appointed, Completed on: 2011-01-24	Clato Lual Mabior
2010-12-14	Letter acknowledging receipt of a complete application for leave to appeal
2010-12-10	Book of authorities	Her Majesty the Queen
2010-12-10	Application for leave to appeal, Completed on: 2010-12-10	Her Majesty the Queen

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Her Majesty the Queen	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Mabior, Clato Lual	Respondent	Active

Other parties

Other parties

Name	Role	Status
Canadian HIV/AIDS Legal Network	Intervener	Active
HIV & AIDS Legal Clinic Ontario, Coalition des organismes communautaires québécois de lutte contre le sida, Positive Living Society of British Columbia, Canadian AIDS Society, Toronto People With AIDS Foundation	Intervener	Active
Black Coalition for AIDS Prevention, Canadian Aboriginal AIDS Network	Intervener	Active
British Columbia Civil Liberties Association	Intervener	Active
Criminal Lawyers' Association of Ontario	Intervener	Active
Association des Avocats de la Défense de Montréal	Intervener	Active
L'institut national de santé publique du Québec	Intervener	Active

Counsel

Summary

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.

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Webcasts

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