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)
2013-01-02	Appeal closed
2012-12-24	Formal judgment sent to the registrar of the court of appeal and all parties
2012-12-24	Judgment on appeal and notice of deposit of judgment sent to all parties
2012-12-21	Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C50049, 2010 ONCA 817, dated December 3, 2010, heard on March 14 and 15, 2012, is dismissed. Dismissed
2012-11-22	Correspondence received from, Michal Fairburn rec'd Nov. 22/12 re: Supplemental Authorities with consent (sent to the Court Nov. 26/12)	Her Majesty the Queen
2012-04-03	Transcript received, (202 pages)
2012-03-15	Judgment reserved OR rendered with reasons to follow
2012-03-15	Hearing of the appeal, 2012-03-14, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved
2012-03-14	Acknowledgement and consent for video taping of proceedings, All parties consented
2012-03-14	Intervener's condensed book, Filed in Court	Criminal Lawyers' Association
2012-03-14	Intervener's condensed book, Filed in Court	Canadian Civil Liberties Association
2012-03-14	Intervener's condensed book, Filed in Court	David Asper Centre for Constitutional Rights
2012-03-14	Intervener's condensed book, Filed in Court	Information and Privacy Commissioner of Ontario
2012-03-14	Respondent's condensed book, Joint with 34090-34091-34179-34340 - 14 copies SEALED and 7 redacted copies filed in Court	Her Majesty the Queen
2012-03-14	Appellant's condensed book, File in Court	James Peter Emms
2012-03-12	Correspondence received from, Susan Magotiaux by e-mail re: condensed book of the respondents	Her Majesty the Queen
2012-03-09	Correspondence received from, Burke-Robertson rec'd by e-mail re: oral arguments for the respondents	Her Majesty the Queen
2012-03-09	Correspondence received from, Karen Collins rec'd by e-mail re: 3 reserved seats requested	Her Majesty the Queen
2012-03-09	Reply factum on appeal, Joint with 34090, 34091, 34179, 34340, Completed on: 2012-03-10	Her Majesty the Queen
2012-03-07	Correspondence received from, Colleen Bauman rec'd by fax re: change of sollicitor to Addario Law Group	Canadian Civil Liberties Association
2012-03-07	Order on motion to file a reply factum on appeal, (BY FISH J.) (joint with 34090-91-179-340)
2012-03-07	Decision on the motion to file a reply factum on appeal, (joint with 34090-91-179-340), F, UPON APPLICATION by the respondent for an order permitting the filing of a reply factum to the factums of the interveners; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted Granted
2012-03-07	Submission of motion to file a reply factum on appeal, F
2012-03-07	Notice of appearance, Frank Addario will be appearing	Canadian Civil Liberties Association
2012-03-07	Notice of appearance, Mark Halfyard and Dan Brown will be appearing	James Peter Emms
2012-03-07	Notice of appearance, Anthony Moustacalis and Peter Thorning will be appearing	Criminal Lawyers' Association
2012-03-07	Notice of appearance, Gerald Chan and Nader Hasan will be appearing and Mr. Hasan will present oral argument	British Columbia Civil Liberties Association
2012-03-06	Notice of appearance, Michal Fairburn, John McInnes, Susan Magotiaux and Deborah Krick will be appearing	Her Majesty the Queen
2012-03-06	Notice of appearance, William S. Challis and Stephen McCammon will be appearing	Information and Privacy Commissioner of Ontario
2012-03-05	Motion to file a reply factum on appeal, to the factums of the interveners (joint with 34090-91-179-340), Completed on: 2012-03-05	Her Majesty the Queen
2012-03-05	Order by, F, FURTHER TO THE ORDERS dated February 3, 10 and 17, 2012, granting leave to intervene to the Information and Privacy Commissioner of Ontario, the Ontario Crown Attorney’s Association, the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association, the Criminal Lawyers' Association and the Attorney General of Alberta; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted
2012-03-01	Intervener's book of authorities, Joint with 34090, 34091, 34179 and 34340, Completed on: 2012-03-01	Criminal Lawyers' Association
2012-02-28	Intervener's factum, Joint with 34090-34091-34340-34179, Completed on: 2012-03-02	Criminal Lawyers' Association
2012-02-28	Intervener's book of authorities, Joint with 34090-34091-34340, Completed on: 2012-02-28	Ontario Crown Attorneys' Association
2012-02-28	Intervener's factum, Joint with 34090-34091-34340, Completed on: 2012-02-28	Ontario Crown Attorneys' Association
2012-02-28	Intervener's book of authorities, Joint with 34090-34091-34340-34179, Completed on: 2012-02-28	David Asper Centre for Constitutional Rights
2012-02-28	Intervener's factum, Joint with 34090-34091-34340-34179, Completed on: 2012-02-28	David Asper Centre for Constitutional Rights
2012-02-28	Intervener's book of authorities, (Vol. 1 and 2) Joint with 34090-34091-34340-34179, Completed on: 2012-02-28	Information and Privacy Commissioner of Ontario
2012-02-28	Intervener's factum, Joint with 34090-34091-34340-34179, Completed on: 2012-02-28	Information and Privacy Commissioner of Ontario
2012-02-28	Intervener's book of authorities, Joint with 34090-34091-34340-34179, Completed on: 2012-02-28	Canadian Civil Liberties Association
2012-02-28	Intervener's factum, Joint with 34090-34091-34340-34179, Completed on: 2012-02-28	Canadian Civil Liberties Association
2012-02-28	Intervener's book of authorities, Joint with 34090-34091-34340-34179, Completed on: 2012-02-28	British Columbia Civil Liberties Association
2012-02-28	Intervener's factum, Joint with 34090-34091-34340-34179, Completed on: 2012-02-28	British Columbia Civil Liberties Association
2012-02-28	Notice of appearance, Paul J.J. Cavalluzzo and Shaun O'Brien will be appearing	Ontario Crown Attorneys' Association
2012-02-17	Respondent's factum, (SEALED) + 2 Redacted version rec'd Feb. 22/12 (New redacted version file Feb. 27 with CD), Completed on: 2012-03-13	Her Majesty the Queen
2012-02-15	Correspondence received from, Deborah Krick dated Feb. 15/12 re sealing of respondent's factum (joint with 34091-179)	Her Majesty the Queen
2012-02-10	Order on motion for leave to intervene, (BY FISH J.) (joint with 34090-91-179-340)
2012-02-10	Decision on the motion for leave to intervene, (joint with 34090-91-179-340), F, UPON APPLICATION by the Criminal Lawyers' Association for an extension of time and for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time and for leave to intervene by the Criminal Lawyers' Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 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 intervener. The intervener 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 intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention Granted
2012-02-10	Submission of motion for leave to intervene, F
2012-02-09	Order on motion to seal, (BY THE REGISTRAR) (joint with 34091-179)
2012-02-09	Decision on motion to seal, (joint with 34091-179), Reg, UPON APPLICATION by the respondent: 1) to seal the records and facta of the appellants in Emms v. Queen (34087) and Davey v. Queen (34179) and permitting public access copies of each factum and record to be made available to the public; and 2) to seal the record and factum of the appellant in Cordoso v. Queen (34091) pursuant to the order of Weiler J.A. of the Court of Appeal for Ontario made February 1, 2010, and permitting a public access copy of the appellant’s factum and record to be made available to the public; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The respondent’s motion is granted. 2) The sealed unredacted version of the records and facta will only be made available to counsel for the appellants, counsel for the respondent, Ottawa agents, members of this Court, Court staff and other persons as the parties may, in writing, agree or as this Court may further order Granted
2012-02-09	Submission of motion to seal, Reg
2012-02-09	Response to the motion for leave to intervene, (Letter Form), from Susan Magotiaux dated Feb. 9/12 (by CLA) (joint with 34090-91-179-340) , Completed on: 2012-02-09	Her Majesty the Queen
2012-02-08	Order by, (joint with 34090-091-179-340), Reg, UPON APPLICATION by the appellant Ibrahim Yumnu in file number 34090 for an extension of time to serve and file its record to December 21, 2011, its factum to January 10, 2012 and its book of authorities to January 11, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion of the appellant Yumnu is granted. 2) The respondent is permitted to serve and file its facta and book of authorities in all of the above appeals no later than February 17, 2012 Granted
2012-02-06	Letter sent to Intervener(s)
2012-02-03	Motion for leave to intervene, (joint with motion to extend time) (joint with 34090, 34091, 34179 and 34340), Completed on: 2012-02-03	Criminal Lawyers' Association
2012-02-03	Order on motion for leave to intervene, (BY FISH J.)
2012-02-03	Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association for leave to intervene in the above appeals; AND UPON APPLICATIONS by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association for an extension of time and for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s 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 on or before February 28, 2012. The motions for an extension of time and for leave to intervene by the David Asper Centre for Constitutional Rights, 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 on or before February 28, 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 respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted
2012-02-02	Submission of motion for leave to intervene, F
2012-01-27	Response to motion to seal, email from Gowlings dated Jan. 26/12 (joint with 34091-179), Completed on: 2012-01-27	James Peter Emms
2012-01-24	Motion to seal, the Appellant's Factum and Record (joint with 34091-179), Completed on: 2012-01-24	Her Majesty the Queen
2012-01-17	Response to the motion for leave to intervene, (Letter Form), (to CCLA, David Asper Center, IPC and BCCLA) (joint with 34090, 34091, 34340 and 34179) from Michal Fairburn, by fax, dated Jan.9/12, Completed on: 2012-01-17	Her Majesty the Queen
2012-01-17	Response to the motion for leave to intervene, (Letter Form), (to motion by OCAA) (joint with 34090 and 34091) from Mr. John McInnes, by fax, dated Jan.9/12, Completed on: 2012-01-17	Her Majesty the Queen
2012-01-16	Reply to the motion for leave to intervene, (Letter Form), (to letter of Mr. McInnes dated Jan.9/12) (joint with 34090 and 34091) from Paul J.J. Cavalluzzo, dated Jan.16/12, by fax, Completed on: 2012-01-16	Ontario Crown Attorneys' Association
2012-01-16	Reply to the motion for leave to intervene, (Letter Form), (to the response of Crown) (joint with 34091, 34179) from Stephen McCammon, by fax, dated Jan.13/12, Completed on: 2012-01-16	Information and Privacy Commissioner of Ontario
2012-01-16	Response to the motion for leave to intervene, (Letter Form), (to all motions) from Mark C. Halfyard, by fax, dated Jan.16/12, Completed on: 2012-01-16	James Peter Emms
2012-01-11	Appeal perfected for hearing
2011-12-22	Order on miscellaneous motion
2011-12-22	Decision on miscellaneous motion, (joint with 34090, 34091, 34340, 34179), Reg, to permit the Crown to file a single factum responding to the Yumnu, Cardoso, and Duong appeals; to set out the law in respect to the legal issues raised in Yumnu, Cardoso, Duong, Emms, and Davey in its factum in Yumnu, Cardoso and Duong; an order that the Yumnu, Cardoso and Duong factum be no more than 90 pages in length; an order that the Emms factum be no more than 20 pages in length; an order that the Davey factum be no more than 30 pages in length; and an order that the Crown may file all facta in these matters on or before February 10, 2012. Granted
2011-12-22	Submission of miscellaneous motion, Reg
2011-12-20	Correspondence received from, Stephen McCammon, letter dated Dec. 19, 2011, re.: page 22 at Tab 2; pages 433-435F and page 445 to be updated.	Information and Privacy Commissioner of Ontario
2011-12-14	Correspondence received from, Christina Christie, fax dated Dec. 13, 2011, re.: page 37 of the Motion Book had a portion of the text chopped off.	Information and Privacy Commissioner of Ontario
2011-12-14	Motion for leave to intervene, Book Form (joint with 34179, 34091, 34090, 34340), Completed on: 2011-12-14	David Asper Centre for Constitutional Rights
2011-12-13	Motion for leave to intervene, Book form (joint with 34090, 34091, 34179 & 34340) (Extension of time included), Completed on: 2011-12-13	British Columbia Civil Liberties Association
2011-12-12	Intervener's book of authorities, On motion, Completed on: 2011-12-12	Information and Privacy Commissioner of Ontario
2011-12-12	Motion for leave to intervene, Book form (joint with 34091 & 34179), Completed on: 2011-12-12	Information and Privacy Commissioner of Ontario
2011-12-12	Motion for leave to intervene, Book form (joint with 34090 & 34091)(fees missing- rec'd Dec. 15, 2011), Completed on: 2011-12-15	Ontario Crown Attorneys' Association
2011-12-12	Motion for leave to intervene, Book Form, (Joint with 34091, 34340, 34090 & 34179), Completed on: 2011-12-12	Canadian Civil Liberties Association
2011-12-09	Notice of hearing sent to parties
2011-12-09	Response to miscellaneous motion, Email rec'd from Gowlings, dated Dec. 9, 2011, Completed on: 2011-12-09	James Peter Emms
2011-12-08	Notice of miscellaneous motion, For Order to permit Crown to file one 90 page factum re. Yumnu, Cardoso & Duong; set out the law in legal issues raised in all 5 cases; Emms factum 20 pgs; Davey factum 30 pgs, be filed by Feb. 10, 2012. (joint with 34091,34090, 34340, & 34179), Completed on: 2011-12-08	Her Majesty the Queen
2011-12-07	Appeal hearing scheduled, 2012-03-15, For webcasting purposes only – March 14 & 15, 2012.
2011-12-07	Order on motion to extend time
2011-12-07	Decision on motion to extend time, to serve and file the record, factum and book of authorities of the appellant to Nov. 23/11, Reg Granted
2011-12-07	Appeal hearing scheduled, 2012-03-14, (Early start 9:00am) Judgment reserved
2011-12-06	Submission of motion to extend time, Reg
2011-11-28	Response to motion to extend time, Email received from Deborah Krick, dated Nov. 28, 2011, Completed on: 2011-11-28	Her Majesty the Queen
2011-11-25	Motion to extend time, to serve and file the Appellant's Record, Factum and Book of Authorities to Nov. 23, 2011, Completed on: 2011-11-25	James Peter Emms
2011-11-23	Appellant's book of authorities, Completed on: 2011-11-23	James Peter Emms
2011-11-16	Appellant's factum, (SEALED per Order dated Feb.9/12) - 2 redacted copies rec'd Mar. 9/12, Completed on: 2011-11-29	James Peter Emms
2011-11-09	Appellant's record, (SEALED as per Order dated Feb.9/12) no redacted copies, Completed on: 2011-11-21	James Peter Emms
2011-11-02	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-08-09	Notice of appeal, Completed on: 2011-08-09	James Peter Emms
2011-06-24	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-06-24	Judgment on leave sent to the parties
2011-06-23	Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50049, 2010 ONCA 817, dated December 3, 2010, are granted without costs. Granted, without costs
2011-06-23	Decision on motion to extend time to file and /or serve the leave application Granted
2011-05-30	All materials on application for leave submitted to the Judges, Bi Abe Ro
2011-05-30	Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro
2011-03-08	Respondent's response on the application for leave to appeal, Completed on: 2011-03-08	Her Majesty the Queen
2011-02-14	Letter acknowledging receipt of an incomplete application for leave to appeal
2011-02-07	Motion to extend the time to file and or serve the application for leave to appeal, (included in application), Completed on: 2011-02-07	James Peter Emms
2011-02-07	Application for leave to appeal, Completed on: 2011-02-22	James Peter Emms

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Emms, James Peter	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Her Majesty the Queen	Respondent	Active

Other parties

Other parties

Name	Role	Status
Canadian Civil Liberties Association	Intervener	Active
British Columbia Civil Liberties Association	Intervener	Active
Ontario Crown Attorneys' Association	Intervener	Active
Information and Privacy Commissioner of Ontario	Intervener	Active
David Asper Centre for Constitutional Rights	Intervener	Active
Criminal Lawyers' Association	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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