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34317

Her Majesty the Queen v. Criminal Lawyers' Association of Ontario, et al.

(Ontario) (Criminal) (By Leave)

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)
2013-08-02 Appeal closed
2013-08-02 Formal judgment sent to the registrar of the court of appeal and all parties
2013-08-02 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-08-01 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C51139, C51166, C51456, C51877, 2011 ONCA 303, dated April 19, 2011, heard on December 12, 2012, is allowed, LeBel, Fish, Abella and Cromwell JJ. dissenting. The parties will bear their own costs.
Allowed
2012-12-28 Transcript received, (151 pages)
2012-12-12 Judgment reserved OR rendered with reasons to follow
2012-12-12 Intervener's condensed book, Submitted in Court (14 copies) Mental Health Legal Committee
2012-12-12 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of British Columbia
2012-12-12 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2012-12-12 Respondent's condensed book, Submitted in Court (14 copies) Criminal Lawyers' Association of Ontario
2012-12-12 Appellant's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2012-12-12 Acknowledgement and consent for video taping of proceedings, From all parties
2012-12-12 Hearing of the appeal, 2012-12-12, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2012-12-12 Correspondence received from, Henry Brown dated December 12, 2012. Re: Counsel will not be present at the hearing. Attorney General of Manitoba
2012-12-07 Notice of appearance, Andras Schreck and Louis Strezos will be present at the hearing. Criminal Lawyers' Association of Ontario
2012-12-07 Notice of appearance, Micah Rankin, Michael Sobkin and Elizabeth France will be present at the hearing. British Columbia Civil Liberties Association
2012-12-03 Correspondence received from, 2 reserved seats requested Mental Health Legal Committee
2012-11-27 Notice of appearance, Bryant Alexander Mackey will be present at the hearing. Attorney General of British Columbia
2012-11-27 Notice of appearance, Deborah Carlson and Allison Kindle Pejovic will be present at the hearing. Attorney General of Manitoba
2012-11-27 Notice of appearance, John Norris will be present at the hearing. Advocates' Society
2012-11-27 Correspondence received from, 2 reserved seats requested Advocates' Society
2012-11-26 Correspondence received from, 3 reserved seats requested Her Majesty the Queen
2012-11-26 Notice of appearance, Malliha Wilson, Troy Harrison, Kristin Smith and Baaba Froson will be present at the hearing. Her Majesty the Queen
2012-11-26 Notice of appearance, Jean-Yves Bernard and Brigitte Bussières will be present at the hearing. Attorney General of Quebec
2012-11-26 Notice of appearance, Anita Szigeti, Mercedes Perez and Marie-France Major will be present at the hearing. Mental Health Legal Committee
2012-11-22 Notice of appearance, Alain Préfontaine will be present at the hearing. Attorney General of Canada
2012-11-21 Order by, Mo, FURTHER TO THE ORDER dated October 12, 2012, granting leave to intervene to the Attorney General of British Columbia, the Mental Health Legal Committee, the Attorney General of Canada, the Attorney General of Quebec, the Attorney General of Manitoba, the British Columbia Civil Liberties Association and the Advocates' Society;
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 the appeal
Granted, no order as to costs
2012-11-19 Intervener's book of authorities, Completed on: 2012-11-19 Attorney General of British Columbia
2012-11-19 Intervener's factum, Completed on: 2012-11-19 Attorney General of British Columbia
2012-11-19 Intervener's book of authorities, Completed on: 2012-11-19 Attorney General of Manitoba
2012-11-19 Intervener's factum, Completed on: 2012-11-19 Attorney General of Manitoba
2012-11-19 Intervener's book of authorities, (2 volumes), Completed on: 2012-11-19 Attorney General of Quebec
2012-11-19 Intervener's factum, Completed on: 2012-11-19 Attorney General of Quebec
2012-11-19 Intervener's book of authorities, Completed on: 2012-11-19 Attorney General of Canada
2012-11-19 Intervener's factum, Completed on: 2012-11-19 Attorney General of Canada
2012-11-19 Intervener's book of authorities, Completed on: 2012-11-19 British Columbia Civil Liberties Association
2012-11-19 Intervener's factum, Completed on: 2012-11-19 British Columbia Civil Liberties Association
2012-11-16 Intervener's book of authorities, Completed on: 2012-11-16 Mental Health Legal Committee
2012-11-16 Intervener's factum, Completed on: 2012-11-16 Mental Health Legal Committee
2012-11-15 Intervener's book of authorities, Completed on: 2012-11-15 Advocates' Society
2012-11-15 Intervener's factum, Completed on: 2012-11-15 Advocates' Society
2012-11-09 Order on motion to extend time
2012-11-09 Decision on motion to extend time, LeB, to serve and file the respondent's CLA record, factum and book of authorities to September 19/12 and pursuant to Rule 71(3), to present oral argument at the hearing of the appeal
Granted
2012-11-09 Submission of motion to extend time, LeB
2012-10-23 Response to motion to extend time, email from Karen Collins dated October 23/12 re: consent, Completed on: 2012-10-23 Her Majesty the Queen
2012-10-15 Letter sent to Intervener(s)
2012-10-15 Order on motion for leave to intervene, (BY MOLDAVER, J.)
2012-10-12 Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by the Attorney General of British Columbia, the Mental Health Legal Committee, the Attorney General of Canada and the Attorney General of Alberta for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND UPON APPLICATIONS by the Attorney General of Quebec, the Attorney General of Manitoba, the British Columbia Civil Liberties Association and the Advocates' Society for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for an extension of time to apply for leave to intervene and for leave to intervene of the Attorney General of British Columbia, the Mental Health Legal Committee, the Attorney General of Canada are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before November 19, 2012.
The motions for leave to intervene by the Attorney General of Quebec, the Attorney General of Manitoba, the British Columbia Civil Liberties Association and the Advocates' Society are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before November 19, 2012.
The motion for an extension of time to apply for leave to intervene of the Attorney General of Alberta is dismissed.
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 are 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 interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondent by their interventions.
Allowed in part, no order as to costs
2012-10-12 Submission of motion for leave to intervene, Mo
2012-10-01 Response to the motion for leave to intervene, of A.G. Alberta and BCCLA, Completed on: 2012-10-01 Her Majesty the Queen
2012-09-27 Response to the motion for leave to intervene, email from Gowling dated September 27/12, Completed on: 2012-09-27 Criminal Lawyers' Association of Ontario
2012-09-26 Correspondence received from, Lawrence Greenspon dated September 24, 2012. Re: Will not be participating in the appeal. Lawrence Greenspon
2012-09-25 Motion for leave to intervene, (Book Form), (motion for an extension of time included), Completed on: 2012-09-25 Attorney General of Alberta
2012-09-24 Motion to extend time, (Book Form), to serve and file the respondent's documents to September 19/12 (Amended motion rec'd October 18/12 requesting oral argument pursuant to Rule 71(3) at the hearing of the appeal), Completed on: 2012-09-24 Criminal Lawyers' Association of Ontario
2012-09-20 Response to the motion for leave to intervene, of the Attorney General of Canada, Completed on: 2012-09-20 Her Majesty the Queen
2012-09-19 Respondent's book of authorities, Completed on: 2012-09-19 Criminal Lawyers' Association of Ontario
2012-09-19 Respondent's record, (2 volumes), Completed on: 2012-09-19 Criminal Lawyers' Association of Ontario
2012-09-19 Respondent's factum, Motion for extension of time requested - received September 24/12, Completed on: 2012-09-27 Criminal Lawyers' Association of Ontario
2012-09-17 Motion for leave to intervene, (joint with an extension of time), Completed on: 2012-09-18 Attorney General of Canada
2012-09-17 Appeal perfected for hearing
2012-09-05 Correspondence received from, Malliha Wilson dated Sept 4, 2012 re: amended factum Her Majesty the Queen
2012-09-04 Response to the motion for leave to intervene, (Letter Form), from Malliha Wilson dated Sept. 4/12 (by AGBC and MHLC), Completed on: 2012-09-04 Her Majesty the Queen
2012-08-30 Response to the motion for leave to intervene, (Letter Form), Consent of the Respondents, Completed on: 2012-08-30 Criminal Lawyers' Association of Ontario
2012-08-28 Motion for leave to intervene, (Book Form), Extension of time included, Completed on: 2012-08-28 Mental Health Legal Committee
2012-08-28 Motion for leave to intervene, (Book Form), Motions to extented time included, original rec'd August 29/12, Completed on: 2012-08-28 Attorney General of British Columbia
2012-08-27 Response to the motion for leave to intervene, (Letter Form), from Troy Harrisson dated August 27/12 consent to AG Manitoba and Quebec's and take no position to BCCLA and Advocate, Completed on: 2012-08-27 Her Majesty the Queen
2012-08-21 Motion for leave to intervene, (Book Form), Completed on: 2012-08-21 British Columbia Civil Liberties Association
2012-08-20 Motion for leave to intervene, (Book Form), Completed on: 2012-08-20 Advocates' Society
2012-08-17 Motion for leave to intervene, Completed on: 2012-08-17 Attorney General of Manitoba
2012-08-17 Motion for leave to intervene, (original affidavit rec'd August 22/12), Completed on: 2012-08-17 Attorney General of Quebec
2012-08-15 Correspondence received from, Lou Strezos dated August 15/12 re: Mr. Strezos will be acting as co-counsel Criminal Lawyers' Association of Ontario
2012-07-24 Notice of hearing sent to parties
2012-07-23 Appellant's record, Completed on: 2012-07-23 Her Majesty the Queen
2012-07-23 Appellant's book of authorities, Completed on: 2012-07-23 Her Majesty the Queen
2012-07-23 Appellant's factum, (amended factum received on Sept 5/12), Completed on: 2012-09-14 Her Majesty the Queen
2012-07-19 Appeal hearing scheduled, 2012-12-12, (Early start 9:00a.m.)
Judgment reserved
2012-05-25 Correspondence received from, Lawrence Greenspon dated May 25, 2012. Re: Andras Schreck represents Lawrence Greenspon Lawrence Greenspon
2012-05-04 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-05-01 Notice of appeal, Original rec'd on May 2, 2012, Completed on: 2012-05-01 Her Majesty the Queen
2012-04-10 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-04-10 Judgment on leave sent to the parties
2012-04-05 Judgment of the Court on the application for leave to appeal, The motion to consolidate the applications for leave to appeal and to vary the style of cause is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C51139, C51166, C51456 and C51877, 2011 ONCA 303, dated April 19, 2011, is granted without costs.
Granted, without costs
2012-04-05 Decision on the miscellaneous motion
Granted, no order as to costs
2011-09-12 All materials on application for leave submitted to the Judges, CJ De Abe
2011-09-12 Submission of miscellaneous motion, CJ De Abe
2011-08-23 Notice of miscellaneous motion, (Consolidating the 4 appeals heard together in the Court of Appeal and amending the style of cause), Completed on: 2011-08-23 Her Majesty the Queen
2011-07-19 Respondent's response on the application for leave to appeal, entitled Intervener's response, Completed on: 2011-07-19 Criminal Lawyers' Association of Ontario
2011-06-21 Letter acknowledging receipt of a complete application for leave to appeal
2011-06-17 Book of authorities Her Majesty the Queen
2011-06-17 Application for leave to appeal, Notice of Application changed on June 20, 2011 with proof of service by fax. Motion to joint requested, rec'd August 24, 2011, Completed on: 2011-06-20 Her Majesty the Queen

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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Criminal Lawyers' Association of Ontario Respondent Active
Greenspon, Lawrence Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of British Columbia Intervener Active
British Columbia Civil Liberties Association Intervener Active
Advocates' Society Intervener Active
Mental Health Legal Committee Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Malliha Wilson
Troy Harrison
Kristin Smith
Baaba Forson
Attorney General of Ontario
6th Floor- 720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4953
FAX: (416) 326-6996
Email: malliha.wilson@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Criminal Lawyers' Association of Ontario

Counsel
P. Andras Schreck
Louis P. Strezos
Candice Suter
Schreck Presser LLP
6 Adelaide Street East, 5th Floor
Toronto, Ontario
M5C 1H6
Telephone: (416) 977-6268 Ext: 1
FAX: (416) 977-8513
Email: schreck@schreckpresser.com
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Greenspon, Lawrence

Counsel
Lawrence Greenspon
Greenspon, Brown & Associates
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com

Party: Attorney General of Quebec

Counsel
Brigitte Bussières
Gilles Laporte
Jean-Yves Bernard
Procureur général du Québec
1200, route de l'Église, 2e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: brigitte.bussieres@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: British Columbia Civil Liberties Association

Counsel
Micah B. Rankin
Elizabeth France
Sugden, McFee & Roos
700 - 375 Water Street
Vancouver, British Columbia
V6B 5N3
Telephone: (604) 687-7700
FAX: (604) 687-5596
Email: mrankin@tru.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Attorney General of Manitoba

Counsel
Deborah L. Carlson
Allison Kindle Pejovic
Attorney General of Manitoba
1205 - 405 Broadway Ave
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 229-0679
FAX: (204) 945-0053
Email: Deborah.Carlson@gov.mb.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Advocates' Society

Counsel
John Norris
100 - 116 Simcoe St.
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
Agent
Laura Stewart
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0175
FAX: (613) 563-9869
Email: laura.stewart@gowlingwlg.com

Party: Attorney General of British Columbia

Counsel
Bryant Alexander Mackey
Attorney General of British Columbia
1001 Douglas Street, 6th Floor
P.O. Box 9280, Station Provincial Government
Victoria, British Columbia
V8W 9J7
Telephone: (250) 356-6712
FAX: (250) 356-5707
Email: bryant.mackey@gov.bc.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Mental Health Legal Committee

Counsel
Anita Szigeti
Mercedes Perez
Hiltz Szigeti
330 University Avenue
Suite 506
Toronto, Ontario
M5G 1R7
Telephone: (416) 968-6575
FAX: (416) 968-3424
Email: aszigeti@hslaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Attorney General of Canada

Counsel
Alain Prefontaine
Attorney General of Canada
234 Wellington Street, East Tower
Room 1101
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-3815
Agent
Robert J. Frater
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Summary

Keywords

None.

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.

Constitutional Law Division of powers Court’s jurisdiction to order fees be paid to amicus curiae from Consolidated Revenue Fund Court’s authority to set fees payable to amicus curiae Whether the Court of Appeal erred in finding that the court has the inherent jurisdiction or the statutory authority to order Ontario to use public money to fund amicus in the face of the legislature’s exclusive jurisdiction to disburse public funds In the alternative, whether the Court of Appeal erred in finding that there was no requirement for the court to adopt the least restrictive approach when it has ordered that amicus curiae is necessary to protect an accused’s fair trial rights.

In four criminal proceedings, the trial judges appointed amicus curiae and set conditions for compensating the amicus. In one case, the trial judge also put in place a process for monitoring the accounts submitted by the amicus. The Attorney General conceded on appeal that a court has the power to appoint amicus and to set some terms of the appointment, but submitted that the court has no jurisdiction to order the state to pay amicus’ fees or to set the rate at which amicus should be paid. The Court of Appeal heard all four appeals together and dismissed the Attorney General’s appeals. It held that the power to set rates of compensation and order monitoring is incidental to the court’s power to appoint amicus curiae under s. 24(1) of the Charter or to control its processes. It held that statutory authority in Ontario lies in the Proceedings Against the Crown Act, R.S.O. 1990, c. P.27, and the Financial Administration Act, R.S.O. 1990, c. F.12. The Court of Appeal held that the judges’ orders do not infringe any constitutional principle. It held that the appointments in issue and the rates set were appropriate in the circumstances.

Lower court rulings

June 17, 2008
Ontario Superior Court of Justice


Order appointing amicus curiae in R. v. Imona Russel at Legal Aid Rates
February 18, 2009
Ontario Court of Justice


see file
August 11, 2009
Ontario Superior Court of Justice

12256

Order that rate of remuneration of amicus curiae in R. v. Lawrence Greenspon be fixed at $250 per hour for 3.25 hours rendered
September 18, 2009
Ontario Court of Justice


Amicus curiae appointed in R. v. Paul Whalen at rate of $200 per hour, Attorney General ordered to provide funding
September 25, 2009
Ontario Superior Court of Justice


Order amending appointment of amicus to order remuneration rate of $192 per hour, Junior counsel appointed as amicus curiae at rate of $110 per hour
November 24, 2009
Ontario Superior Court of Justice


see file
February 26, 2010
Ontario Superior Court of Justice


Order appointing independent assessor at rate of $192 per hour to set budget for amicus curiae and to review, monitor and assess accounts of amicus curiae
April 19, 2011
Court of Appeal for Ontario

2011 ONCA 303, C51139, C51166, C51456, C51877

Appeals dismissed

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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Downloadable PDFs

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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.

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Date modified: 2025-02-27