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 Quebec (Montréal), Number 500-10-004068-084, 2010 QCCA 2289, dated December 13, 2010, heard on February 8, 2012, is dismissed. Dismissed
2012-04-12	Media lock-up request accepted
2012-04-12	Media lock-up consent form received from, Caroline Fontaine	Her Majesty the Queen
2012-04-04	Media lock-up consent form received from, Christian Desrosiers	D.C.
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) distributed in Court	L'institut national de santé publique du Québec
2012-02-08	Intervener's condensed book, (14 copies) distributed in Court	Canadian HIV/AIDS Legal Network
2012-02-08	Respondent's condensed book, (14 copies) distributed in Court	D.C.
2012-02-08	Appellant's condensed book, (14 copies) distributed in Court	Her Majesty the Queen
2012-02-08	Acknowledgement and consent for video taping of proceedings, from 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), 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 hearing	Association des Avocats de la Défense de Montréal
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
2012-01-30	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
2012-01-27	Response to motion to extend time, (Letter Form), (BCCLA) rec'd by email from Gowlings, Completed on: 2012-01-27	Her Majesty the Queen
2012-01-25	Correspondence received from, Two reserved seats requested	Her Majesty the Queen
2012-01-25	Notice of appearance, Caroline Fontaine and Magalie Cimon will be present at the hearing.	Her Majesty the Queen
2012-01-24	Intervener's book of authorities, Joint with 33976, Completed on: 2012-01-24	L'institut national de santé publique du Québec
2012-01-24	Intervener's factum, Service missing - Rec'd on January 31, 2012 (Joint with 33976), Completed on: 2012-01-31	L'institut national de santé publique du Québec
2012-01-20	Intervener's book of authorities, Completed on: 2012-01-20	Attorney General of Alberta
2012-01-20	Intervener's factum, Completed on: 2012-01-20	Attorney General of Alberta
2012-01-16	Intervener's book of authorities, Joint with 33976, Completed on: 2012-01-16	Association des Avocats de la Défense de Montréal
2012-01-16	Intervener's factum, Joint with 33976, 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 33976)
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, Cro
2012-01-11	Appeal perfected for hearing
2012-01-10	Notice of appearance, Caroline Fontaine and Magalie Cimon will be present at the hearing.	Her Majesty the Queen
2012-01-09	Respondent's book of authorities, (2 volumes), Completed on: 2012-01-09	D.C.
2012-01-09	Respondent's factum, (new redacted CD rec'd April 12/12 ), Completed on: 2012-01-09	D.C.
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, Completed on: 2012-01-05	British Columbia Civil Liberties Association
2012-01-05	Intervener's book of authorities, Joint with 33976, Completed on: 2012-01-05	British Columbia Civil Liberties Association
2012-01-05	Intervener's factum, Joint with 33976, Completed on: 2012-01-05	British Columbia Civil Liberties Association
2011-12-20	Intervener's book of authorities, Joint with 33976, Completed on: 2011-12-20	Criminal Lawyers' Association of Ontario
2011-12-20	Intervener's factum, Joint with 33976, Completed on: 2011-12-20	Criminal Lawyers' Association of Ontario
2011-12-20	Intervener's book of authorities, Joint with 33976 (2 volumes), Completed on: 2011-12-20	Canadian HIV/AIDS Legal Network
2011-12-20	Intervener's factum, Joint with 33976, Completed on: 2011-12-20	Canadian HIV/AIDS Legal Network
2011-12-16	Notice of appearance, Christian Desrosiers will be present at the hearing.	D.C.
2011-12-15	Notice of appearance, Andras Schreck and Candice Suter will be present at the hearing.	Criminal Lawyers' Association of Ontario
2011-12-13	Correspondence received from, BCCLA fax dated Dec. 12, 2011, re.: Late to file their factum.	British Columbia Civil Liberties Association
2011-12-09	Notice of withdrawal	Attorney General of Ontario
2011-12-08	Notice of hearing sent to parties
2011-12-08	Motion for leave to intervene, Completed on: 2011-12-08	Attorney General of Alberta
2011-12-07	Appeal hearing scheduled, 2012-02-08, (Early start 9:00am) Judgment reserved
2011-12-02	Response to the motion for leave to intervene, (Letter Form), From Christian Desrosiers, dated Dec. 2, 2011, Completed on: 2011-12-02	L'institut national de santé publique du Québec
2011-12-02	Motion for leave to intervene, (joint with 33976), Completed on: 2011-12-02	L'institut national de santé publique du Québec
2011-11-30	Motion for leave to intervene, (joint with 33976) (bookform), Completed on: 2011-11-30	Association des Avocats de la Défense de Montréal
2011-11-29	Correspondence received from, M. Cimon dated Nov. 29/11 re: confirming electronic filing forms (by e-mail)	Her Majesty the Queen
2011-11-28	Correspondence received from, Richard Gaudreau dated Nov 25, 2011 re: agent for respondent	D.C.
2011-11-21	Appellant's book of authorities, (2 volumes) (service missing - rec'd by fax Nov. 22/11), Completed on: 2011-11-22	Her Majesty the Queen
2011-11-21	Appellant's record, (5 volumes) (service missing - rec'd by fax Nov. 22/11), Completed on: 2011-11-22	Her Majesty the Queen
2011-11-21	Appellant's factum, (service missing - rec'd by fax Nov. 22/11) (electronic redacted copy requested - rec'd Dec. 5/11), Completed on: 2011-12-05	Her Majesty the Queen
2011-10-25	Order on motion for leave to intervene, (BY CROMWELL J.) (joint with 33976)
2011-10-25	Decision on the motion for leave to intervene, (joint with 33976), 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
2011-09-23	Motion for leave to intervene, joint with the motion to intervene in 33976, Completed on: 2011-09-23	Criminal Lawyers' Association of Ontario
2011-09-21	Motion for leave to intervene, (bookform) joint with the motion to intervene in 33976, Completed on: 2011-09-21	British Columbia Civil Liberties Association
2011-09-20	Motion for leave to intervene, Bookform, joint with the leave to intervene in file 33976, Completed on: 2011-09-20	Canadian HIV/AIDS Legal Network
2011-09-12	Notice of appeal, (service missing and new CD requested - rec'd Sept. 23/11) (Electronic Filing Form missing - rec'd Sept. 26/11), Completed on: 2011-09-26	Her Majesty the Queen
2011-09-09	Correspondence received, From François Dadour re: motion to intervene
2011-09-09	Motion for leave to intervene, Paper Form, Completed on: 2011-09-09	Attorney General of Ontario
2011-08-26	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-08-26	Judgment on leave sent to the parties
2011-08-25	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 is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-004068-084, 2010 QCCA 2289, dated December 13, 2010, is granted without costs. The respondent’s motion to appoint counsel pursuant to s. 694.1 of the Criminal Code is granted. The application for leave to cross-appeal is dismissed without costs. This appeal is to be heard with Her Majesty the Queen v. Clato Lual Mabior (33976) and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar. Granted, without costs
2011-08-25	Judgment of the Court on the application for leave to cross-appeal, see judgment Dismissed, without costs
2011-08-25	Decision on the miscellaneous motion, see judgment Granted
2011-08-25	Decision on motion to extend time to file and /or serve the leave application, see judgment Granted
2011-07-15	Submission of miscellaneous motion, CJ De Cha
2011-07-14	Response to miscellaneous motion, (Letter Form), Jean-Yves Bernard dated July 14/11 by fax, Completed on: 2011-07-14	Her Majesty the Queen
2011-06-30	Notice of miscellaneous motion, for the nomination of a counsel (no affidavit in support) (book form), Completed on: 2011-06-30	D.C.
2011-05-09	All material on the application for leave to cross-appeal submitted to the Judges, CJ De Cha
2011-05-09	All materials on application for leave submitted to the Judges, CJ De Cha
2011-05-09	Submission of motion to extend time to file and/ or serve the leave application, CJ De Cha
2011-04-04	Correspondence received from, Stéphanie Claivaz-Loranger, dated March 31/11, Re: will file motion to intervene if application is granted	Canadian HIV/AIDS Legal Network
2011-03-15	Application for leave to cross-appeal, (joint with the response), Completed on: 2011-03-15	D.C.
2011-03-15	Respondent's response on the application for leave to appeal, Completed on: 2011-03-15	D.C.
2011-03-15	Letter acknowledging receipt of a complete application for leave to appeal
2011-03-11	Correspondence received from, Pierre Desrosiers, dated March 11/11, by fax, Re: remove interveners from style of cause	Her Majesty the Queen
2011-02-14	Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2011-02-14	Her Majesty the Queen
2011-02-14	Application for leave to appeal, (4 volumes), Completed on: 2011-02-14	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
D.C.	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
Criminal Lawyers' Association of Ontario	Intervener	Active
British Columbia Civil Liberties Association	Intervener	Active
Association des Avocats de la Défense de Montréal	Intervener	Active
L'institut national de santé publique du Québec	Intervener	Active
Attorney General of Alberta	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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