Case information
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35487
Calvin Clarke 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) |
|---|---|---|
| 2015-08-11 | Appeal closed | |
| 2014-04-11 |
Written reasons rendered after oral judgment, CJ LeB Abe Ro Cro Ka Wa Dismissed |
|
| 2014-02-05 | Transcript received, 27 pages | |
| 2014-01-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-01-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-01-24 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C55206, 2013 ONCA 7, dated January 11, 2013, was heard on January 24, 2014, and the Court on that day delivered the following judgment orally: ABELLA J. — The appeal is dismissed. Reasons to follow. Dismissed |
|
| 2014-01-24 | Judgment reserved OR rendered with reasons to follow | |
| 2014-01-24 |
Hearing of the appeal, 2014-01-24, CJ LeB Abe Ro Cro Ka Wa Judgment rendered |
|
| 2014-01-23 | Appellant's condensed book, (Book Form), Filed in Court | Calvin Clarke |
| 2014-01-15 | Notice of appearance, Mabel Lai will be appearing | Her Majesty the Queen |
| 2014-01-10 | Appeal perfected for hearing | |
| 2014-01-09 | Respondent's book of authorities, (Book Form), (Vol. 1 to 3), Completed on: 2014-01-10, (Electronic version filed on 2014-01-10) | Her Majesty the Queen |
| 2014-01-09 | Respondent's factum, (Book Form), Completed on: 2014-01-10, (Electronic version filed on 2014-01-10) | Her Majesty the Queen |
| 2013-11-28 | Notice of appearance, Diana Lumba wil be appearing | Calvin Clarke |
| 2013-11-21 | Notice of hearing sent to parties | |
| 2013-11-19 |
Appeal hearing scheduled, 2014-01-24, (Related to 35115 and 35339) Judgment rendered |
|
| 2013-11-18 | Appellant's book of authorities, (Book Form), 4 volumes, Completed on: 2013-11-18 | Calvin Clarke |
| 2013-11-18 | Appellant's factum, (Book Form), cd to come (rec'd 2013-11-20), Completed on: 2013-11-21 | Calvin Clarke |
| 2013-11-15 | Appellant's record, (Book Form), Completed on: 2013-11-15 | Calvin Clarke |
| 2013-10-18 | Notice of appeal, Completed on: 2013-10-18 | Calvin Clarke |
| 2013-10-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), Notice of appeal due Oct-28; Appellant's documents due Nov-18; Motion for leave to intervene due Dec-2; Resp. to motions for leave to intervene due Dec-6; Replies to responses due Dec-10; Respondent's documents due Jan-9-14; Int. Factum due Jan-13-14 | |
| 2013-10-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-10-18 | Judgment on leave sent to the parties | |
| 2013-10-17 |
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 for Ontario, Number C55206, 2013 ONCA 7, dated January 11, 2013, is granted without costs and the timelines are abridged to allow this case to be heard with Her Majesty the Queen v. Level Aaron Carvery (35115) and Her Majesty the Queen v. Sean Summers (35339). Granted, without costs |
|
| 2013-10-17 |
Decision on motion to extend time to file and /or serve the leave application, see Judgment on Leave Application Granted |
|
| 2013-09-23 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2013-09-23 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ro Mo | |
| 2013-09-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-09-23 | Calvin Clarke |
| 2013-09-18 | Correspondence received from, Mabel Lai by fax, re: abridged timelines | Her Majesty the Queen |
| 2013-09-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-09-18 | Her Majesty the Queen |
| 2013-08-26 | Correspondence received from, Counsel for the applicant, fax dated Aug.23/13, re.: request mattter to be heard with #35115 + #35339 | Calvin Clarke |
| 2013-08-21 | Supplemental document, Reasons for Sentence | Calvin Clarke |
| 2013-08-20 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-08-20 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2013-08-20 | Calvin Clarke |
| 2013-08-20 | Application for leave to appeal, (Book Form), Motion to extend time included in Application, Completed on: 2013-08-20 | Calvin Clarke |
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 |
|---|---|---|
| Clarke, Calvin | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Clarke, Calvin
Counsel
103-30 St.Clair Avenue West
Toronto, Ontario
M4V 1A2
Telephone: (416) 847-2560
FAX: (416) 847-2564
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: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5K 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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.
Criminal law - Sentencing - Credit for pre-sentence custody - Whether the Truth in Sentencing Act, S.C. 2009, c. 29, operates retrospectively.
The appellant pled guilty to break and enter and numerous firearms-related offences. He committed the offences for which he was convicted before the Truth in Sentencing Act, S.C. 2009, c. 29, came into force. The critical provision of the Act is s. 5 which states that the limits on credit for pre-sentence custody in the subsections enacted by s. 3 “apply only to persons charged after the day on which those subsections come into force”. Those subsections came into force on February 22, 2010 and the appellant was charged after that date. The sentencing judge held that the Act applied and gave the appellant the maximum credit the Act permits: one-and-a-half days’ credit for each day spent in pre-sentence custody. The Court of Appeal dismissed the sentence appeal.
Lower court rulings
Court of Appeal for Ontario
C55206, 2013 ONCA 7
Leave to appeal sentence granted and the appeal is 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.
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