Case information
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34229
Ivana Levkovic v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2013-05-08 | Appeal closed | |
| 2013-05-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-05-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-05-03 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo, The appeal from the judgment of the Court of Appeal for Ontario, Number C49523, 2010 ONCA 830, dated December 7, 2010, heard on October 10, 2012, is dismissed. The order for a new trial is affirmed. Dismissed |
|
| 2012-10-24 | Transcript received, (106 pages) | |
| 2012-10-10 | Judgment reserved OR rendered with reasons to follow | |
| 2012-10-10 | Intervener's condensed book, Submitted in Court (14 copies) | Criminal Lawyers' Association of Ontario |
| 2012-10-10 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2012-10-10 | Appellant's condensed book, Submitted in Court (14 copies) | Ivana Levkovic |
| 2012-10-10 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2012-10-10 |
Hearing of the appeal, 2012-10-10, CJ LeB F Abe Ro Cro Mo Judgment reserved |
|
| 2012-10-01 | Notice of appearance, Robert J. Frater and Richard Kramer will be appearing | Attorney General of Canada |
| 2012-09-28 | Notice of appearance, Marie Henein and Danielle Robitaille will be appearing | Criminal Lawyers' Association of Ontario |
| 2012-09-19 | Notice of appearance, Jamie Klukach and Gillian Roberts will be appearing | Her Majesty the Queen |
| 2012-08-17 |
Order by, Cro, FURTHER TO THE ORDER dated June 21, 2012, granting leave to intervene to the Criminal Lawyers' Association of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted, no order as to costs |
|
| 2012-08-16 | Intervener's book of authorities, (Book Form), Completed on: 2012-08-16 | Criminal Lawyers' Association of Ontario |
| 2012-08-16 | Intervener's factum, (Book Form), Completed on: 2012-08-16 | Criminal Lawyers' Association of Ontario |
| 2012-08-03 | Correspondence received from, Gowlings rec'd by email Aug. 3/12 re: 1 reserved seat | Ivana Levkovic |
| 2012-08-03 | Notice of appearance, Delmar Doucette, Jill Copeland, Jessica Orkin and Nicole Rozier will be appearing | Ivana Levkovic |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-10-10 Judgment reserved |
|
| 2012-07-06 | Order on motion to extend time | |
| 2012-07-06 |
Decision on motion to extend time, Abe, to serve and file the respondent's factum to June 14/12 and book of authorities to June 28/12 and to present oral argument Granted, no order as to costs |
|
| 2012-07-05 | Submission of motion to extend time, Abe | |
| 2012-07-04 | Response to motion to extend time, (Letter Form), Completed on: 2012-07-04 | Ivana Levkovic |
| 2012-06-27 | Respondent's book of authorities, (4 volumes filed), Completed on: 2012-06-27 | Her Majesty the Queen |
| 2012-06-27 | Motion to extend time, to serve and file the Respondent's factum to June 14/12 and the authorities to June 27/12, Completed on: 2012-06-27 | Her Majesty the Queen |
| 2012-06-26 | Intervener's book of authorities, Completed on: 2012-06-26 | Attorney General of Canada |
| 2012-06-26 | Intervener's factum, Completed on: 2012-06-26 | Attorney General of Canada |
| 2012-06-21 | Letter sent to Intervener(s) | |
| 2012-06-21 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-06-21 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Criminal Lawyers' Association of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Criminal Lawyers' Association of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before August 16, 2012. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is not 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention Granted |
|
| 2012-06-21 | Submission of motion for leave to intervene, Cro | |
| 2012-06-14 | Respondent's factum, (motion for an extension of time missing, rec'd June 27) (CD incorrect, new CD rec'd June 27), Completed on: 2012-06-27 | Her Majesty the Queen |
| 2012-05-30 | Appeal perfected for hearing | |
| 2012-05-23 | Correspondence received from, J. Klukach by fax, re.: requesting an extension of time to file their Respondent's appeal material | Her Majesty the Queen |
| 2012-05-15 | Order on motion to extend time | |
| 2012-05-15 |
Decision on motion to extend time, Reg, to serve and file the appellant's book of authorities to Apr. 12/12 Granted |
|
| 2012-05-15 | Submission of motion to extend time, Reg | |
| 2012-05-11 | Response to the motion for leave to intervene, (Letter Form), by CLA, Completed on: 2012-05-11 | Ivana Levkovic |
| 2012-05-01 | Motion for leave to intervene, (bookform), Completed on: 2012-05-01 | Criminal Lawyers' Association of Ontario |
| 2012-04-24 | Response to motion to extend time, email from Burke-Robertson dated Apr. 24/12, Completed on: 2012-04-24 | Her Majesty the Queen |
| 2012-04-19 | Motion to extend time, to serve and file the appellant's book of authorities to Apr. 12/12, Completed on: 2012-04-19 | Ivana Levkovic |
| 2012-04-13 | Correspondence received from, Jill Copeland dated April 13, 2012. Re: Extension of time | Ivana Levkovic |
| 2012-04-13 | Appellant's book of authorities, Motion for extension of time rec'd Apr. 19/12 (3 volumes), Completed on: 2012-04-19 | Ivana Levkovic |
| 2012-04-03 | Appellant's factum, Completed on: 2012-04-03 | Ivana Levkovic |
| 2012-03-15 | Appellant's record, (3 volumes), Completed on: 2012-03-15 | Ivana Levkovic |
| 2012-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-02-16 | Order on motion to extend time | |
| 2012-02-16 |
Decision on motion to extend time, Reg, to serve and file the Notice of intervention respecting Constitutional Question of the Attorney General of Canada to Feb. 9/12 Granted |
|
| 2012-02-16 | Submission of motion to extend time, Reg | |
| 2012-02-13 | Response to motion to extend time, email from Jamie Klukach dated Feb. 13/12, Completed on: 2012-02-13 | Her Majesty the Queen |
| 2012-02-10 | Response to motion to extend time, Completed on: 2012-02-10 | Ivana Levkovic |
| 2012-02-09 | Motion to extend time, to serve and file the Notice of intervention respecting Constitutional Question to Feb. 9/12, Completed on: 2012-02-09 | Attorney General of Canada |
| 2012-02-09 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2012-01-12 | Notice of constitutional question(s) | Ivana Levkovic |
| 2012-01-11 | Correspondence received from, K. Collins dated Jan. 11/12 re: notice of change of counsel for the Crown, Brian McNeely is being replaced by Jamie Klukach and Gillian Roberts (by e-mail) | Her Majesty the Queen |
| 2012-01-10 | Order on motion to state a constitutional question, (By Chief Justice) | |
| 2012-01-10 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOW: 1. In its application to a “child” that dies before birth, does s. 243 of the Criminal Code, R.S.C., 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2012-01-10 | Submission of motion to state a constitutional question, CJ | |
| 2011-11-23 | Response to the motion to state a constitutional question, email from Burke-Robertson dated Nov. 23/11, Completed on: 2011-11-23 | Her Majesty the Queen |
| 2011-11-18 | Motion to state a constitutional question, Book form, Completed on: 2011-11-16 | Ivana Levkovic |
| 2011-11-18 | Notice of appeal, Completed on: 2011-11-18 | Ivana Levkovic |
| 2011-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-10-21 | Judgment on leave sent to the parties | |
| 2011-10-20 |
Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the application for leave to appeal and the applicant’s reply are granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C49523, 2010 ONCA 830, dated December 7, 2010, is granted without costs. Granted, without costs |
|
| 2011-10-20 |
Decision on motion to extend time Granted |
|
| 2011-10-20 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2011-07-25 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-07-25 | Submission of motion to extend time, For the reply, Bi Abe Ro | |
| 2011-07-25 | Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro | |
| 2011-06-24 | Motion to extend time, to serve and file the applicant's reply, Completed on: 2011-06-24 | Ivana Levkovic |
| 2011-06-24 | Applicant's reply to respondent's argument, Completed on: 2011-06-30 | Ivana Levkovic |
| 2011-06-22 | Order on motion to extend time | |
| 2011-06-22 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to June 7/11 Granted |
|
| 2011-06-22 | Submission of motion to extend time, Reg | |
| 2011-06-16 | Correspondence received from, Jessica R. Orkin dated June 16/11 re will file its reply with an extension by June 24/11 | Ivana Levkovic |
| 2011-06-07 | Response to motion to extend time, Completed on: 2011-06-07 | Ivana Levkovic |
| 2011-06-07 | Motion to extend time, to serve and file the respondent's response to June 7/11, Completed on: 2011-06-07 | Her Majesty the Queen |
| 2011-06-07 | Respondent's response on the application for leave to appeal, Extension of time filed on June 7, 2011, Completed on: 2011-06-07 | Her Majesty the Queen |
| 2011-05-19 |
Correspondence received from, Mr. Doucette re: endorsement received by fax on May 19th 2011. Original received May 25th 2011. |
Ivana Levkovic |
| 2011-05-10 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-04-29 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application for leave to appeal - consent of the respondent also included), Completed on: 2011-04-29 | Ivana Levkovic |
| 2011-04-29 |
Application for leave to appeal, extension of time included, endorsement received May 19th 2011., Completed on: 2011-04-29 |
Ivana Levkovic |
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 |
|---|---|---|
| Levkovic, Ivana | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Levkovic, Ivana
Counsel
Michael Moon
Jessica Orkin
Jill Copeland
Nicole Rozier
20 Dundas Street West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 597-6907
FAX: (416) 342-1766
Email: doucette@delmardoucette.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Gillian Roberts
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jamie.klukach@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Canada
Counsel
Richard Kramer
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Criminal Lawyers' Association of Ontario
Counsel
Danielle Robitaille
202 - 445 King Street West
Toronto, Ontario
M5V 1K4
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mhenein@hhllp.ca
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
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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.
Charter of Rights and Freedoms Constitutional Law Right to Liberty Criminal Law Offences Whether parts of s. 243 of Criminal Code are unconstitutionally vague In its application to a “child” that dies before birth, does s. 243 of the Criminal Code, R.S.C. 1985, c. C 46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
The appellant was charged under s. 243 with concealing the dead body of a child. At issue is whether the words “child died before . . . birth” are vague and therefore whether s. 243 breaches s. 7 of the Canadian Charter of Rights and Freedoms. The trial judge held that he could not determine a coherent, unambiguous meaning for the term “child” in the context of a death that occurs before birth. He severed the word “before”, leaving s. 243 to read “. . . whether the child died during or after birth. . .”. Because the Crown could not establish the cause or time of death, he acquitted the appellant. The Court of Appeal held that s. 243 is not unconstitutionally vague. It allowed the appeal, set aside the acquittal and ordered a new trial.
Lower court rulings
Ontario Superior Court of Justice
CRIMNJ(P) 1253/06
Applicant acquitted on charge of disposing of dead body of a child with intent to conceal that she had been delivered of it
Court of Appeal for Ontario
2010 ONCA 830, C49523
Appeal granted, acquittal set aside, new trial ordered
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.
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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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