Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34650
Her Majesty the Queen v. Ernest Fenwick MacIntosh
(Nova Scotia) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-05-06 | Transcript received, (59 pages) | |
| 2013-04-26 | Appeal closed | |
| 2013-04-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-04-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-04-22 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Mo Ka, The appeal from the judgment of the Nova Scotia Court of Appeal, Numbers CAC 338534 and CAC 333361, 2011 NSCA 111, dated December 8, 2011, was heard on April 22, 2013, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE —We all agree with the Court of Appeal, for the reasons of Beveridge J.A., that the right of the accused to be tried within a reasonable time was violated. The appeal accordingly is dismissed. Dismissed |
|
| 2013-04-22 | General proceeding, Questionnaire following the hearing concerning the publication ban | Ernest Fenwick MacIntosh |
| 2013-04-22 | General proceeding, Questionnaire following hearing concerning the publication ban | Her Majesty the Queen |
| 2013-04-22 | Respondent's condensed book, Submitted in Court (14 copies) | Attorney General of Canada |
| 2013-04-22 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2013-04-22 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-04-22 |
Hearing of the appeal, 2013-04-22, CJ LeB F Abe Ro Mo Ka Judgment rendered |
|
| 2013-04-09 | Correspondence received from, Mark Scott dated April 9, 2013. Re: Amendment to paragraph 97 of the Appellant's factum. (Sent to the Court on April 10, 2013) | Her Majesty the Queen |
| 2013-03-26 | Notice of appearance, Jeffrey Johnston will be present at the hearing. | Attorney General of Canada |
| 2013-03-22 | Notice of appearance, David Bright and Brian Casey will be present at the hearing. | Ernest Fenwick MacIntosh |
| 2013-03-21 |
Order by, F, FURTHER TO THE ORDER dated January 23, 2013, granting leave to intervene to the Attorney General of Canada; 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 |
|
| 2013-03-20 | Intervener's book of authorities, Completed on: 2013-03-20 | Attorney General of Canada |
| 2013-03-20 | Intervener's factum, Completed on: 2013-03-20 | Attorney General of Canada |
| 2013-03-19 | Notice of appearance, Mark Scott and William Delaney will be present at the Hearing. | Her Majesty the Queen |
| 2013-03-11 | Notice of hearing sent to parties | |
| 2013-03-07 |
Appeal hearing scheduled, 2013-04-22 Judgment rendered |
|
| 2013-01-23 | Order on motion for leave to intervene, (by FISH J.) | |
| 2013-01-23 |
Decision on the motion for leave to intervene, F, UPON APPLICATION by the Attorney General of Canada 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 of the Attorney General of Canada 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 March 20, 2013. 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 |
|
| 2013-01-23 | Submission of motion for leave to intervene, F | |
| 2013-01-22 | Appeal perfected for hearing | |
| 2013-01-17 | Respondent's book of authorities, Completed on: 2013-01-17 | Ernest Fenwick MacIntosh |
| 2013-01-17 | Respondent's record, Completed on: 2013-01-17 | Ernest Fenwick MacIntosh |
| 2013-01-17 | Respondent's factum, Completed on: 2013-01-17 | Ernest Fenwick MacIntosh |
| 2012-12-28 | Notice of change of counsel, William D. Delaney, Q.C. will replace Jennifer A. McLellan. | Her Majesty the Queen |
| 2012-12-12 | Response to the motion for leave to intervene, Completed on: 2012-12-12 | Ernest Fenwick MacIntosh |
| 2012-12-10 | Response to the motion for leave to intervene, (Letter Form), from Henry Brown dated Dec 7/12, Completed on: 2012-12-10 | Her Majesty the Queen |
| 2012-12-04 | Motion for leave to intervene, (Book Form), Completed on: 2012-12-04 | Attorney General of Canada |
| 2012-11-08 | Appellant's book of authorities, Completed on: 2012-11-08 | Her Majesty the Queen |
| 2012-11-08 | Appellant's record, (11 volumes), Completed on: 2012-11-08 | Her Majesty the Queen |
| 2012-11-08 | Appellant's factum, Completed on: 2012-11-08 | Her Majesty the Queen |
| 2012-08-16 | Notice of appeal, Completed on: 2012-08-16 | Her Majesty the Queen |
| 2012-07-26 | Correspondence received from, David J. Bright dated July 24, 2012 re: response to letter about conflict | Ernest Fenwick MacIntosh |
| 2012-07-20 | Correspondence received from, Jennifer MacLellan dated July 20, 2012 re: response to letter about conflict | Her Majesty the Queen |
| 2012-07-09 | Correspondence (sent by the Court) to, all parties re: form 25C | |
| 2012-07-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-06-29 | Judgment on leave sent to the parties | |
| 2012-06-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Numbers CAC 338534 and CAC 333361, 2011 NSCA 111, dated December 8, 2011, is granted without costs. Granted, without costs |
|
| 2012-05-22 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-03-08 | Applicant's reply to respondent's argument, Completed on: 2012-03-09 | Her Majesty the Queen |
| 2012-02-27 | Respondent's response on the application for leave to appeal, Completed on: 2012-02-27 | Ernest Fenwick MacIntosh |
| 2012-02-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-02-03 | Book of authorities | Her Majesty the Queen |
| 2012-02-03 | Application for leave to appeal, Completed on: 2012-02-03 | 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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| MacIntosh, Ernest Fenwick | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
William D. Delaney, Q.C.
1225 - 1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6795
FAX: (902) 424-4484
Email: scottam@gov.ns.ca
Agent
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: MacIntosh, Ernest Fenwick
Counsel
Brian B. Casey
99 Wyse Road
Suite 600
Dartmouth, Nova Scotia
B2Y 3Z5
Telephone: (902) 460-3467
FAX: (902) 463-7500
Email: dbright@boyneclarke.ca
Agent
397 Gladstone Avenue
Suite 100
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Attorney General of Canada
Counsel
2115 - 284 Wellington Street
East Memorial Building
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-3528
FAX: (613) 957-8412
Email: jeffrey.johnston@justice.gc.ca
Agent
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
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.
Charter of Rights and Freedoms Right to be tried within a reasonable time Extradition Section 11(b) of the Charter Whether Court of Appeal erred by imposing a stay and quashing convictions Whether trial judge misapprehended evidence Whether trial judge failed to consider collusion Whether trial judge erred with respect to credibility.
In January 1995, police received the first of many complaints of indecent assault and gross indecency alleged to have been committed by the respondent in the 1970s. The last complainant came forward in 2001. As the respondent had moved to India for work in 1994, the Crown undertook the process to have him extradited. Proceedings were started in September 1997 and a formal request for extradition was forwarded in July 2006. India agreed to the extradition on May 26, 2007. The respondent applied for a stay of proceedings on the basis that his rights under s. 11(b) of the Charter to be tried within a reasonable time had been infringed. This motion was dismissed. As some of the charges in the Indictment were severed, there were two separate trials before a judge alone. The respondent was convicted of some charges and acquitted of others. His appeal to the Court of Appeal of Nova Scotia was allowed. The convictions were quashed and the proceedings on all charges were stayed.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
2010 NSSC 105
Application to stay proceedings for breach of s. 11(b) of Canadian Charter of Rights and Freedoms dismissed
Supreme Court of Nova Scotia, Trial Division
PtH:311459, 2010 NSSC 300
See file
Supreme Court of Nova Scotia, Trial Division
2010 NSSC 300
Convictions on 6 counts of indecent assault and 7 counts of gross indecency; Acquittals on 13 counts
Supreme Court of Nova Scotia, Trial Division
2011 NSSC 340
Convictions on 2 counts of indecent assault and 2 counts of gross indecency; Acquittals on 6 counts
Nova Scotia Court of Appeal
2011 NSCA 111, CAC 338534; CAC 333361
Appeal from dismissal of application to stay proceedings and from convictions by MacDonald J. allowed, convictions by MacDonald J. and Kennedy C.J. quashed, proceedings stayed on all charges
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.
Downloadable PDFs
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Related links
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.
Downloadable PDFs
Not available