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.
35958
Francis Anthonimuthu Appulonappa, et al. v. Her Majesty the Queen, et al.
(British Columbia) (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) |
|---|---|---|
| 2015-12-03 | Appeal closed | |
| 2015-11-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-11-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-11-27 |
Judgment on the appeal rendered, CJ Abe Ro Mo Ka Wa Ga, The appeals from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA040592, CA040593, CA040594 and CA040595, 2014 BCCA 163, dated April 30, 2014, heard on February 17, 2015, are allowed. Section 117 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, as it was at the time of the alleged offences, should be read down, as not applying to persons providing humanitarian aid to asylum-seekers or to asylum-seekers who provide each other mutual aid (including aid to family members), to bring it in conformity with the Canadian Charter of Rights and Freedoms. The charges are remitted for trial on this basis. Allowed |
|
| 2015-11-23 | Media lock-up request accepted | |
| 2015-11-18 | Media lock-up consent form received from | Jeyachandran Kanagarajah |
| 2015-11-16 | Media lock-up consent form received from, Fiona Begg | Francis Anthonimuthu Appulonappa |
| 2015-11-16 | Media lock-up consent form received from, (Letter Form), Peter Edelman | Hamalraj Handasamy |
| 2015-11-16 | Media lock-up consent form received from | Vignarajah Thevarajah |
| 2015-11-16 | Media lock-up consent form received from | Her Majesty the Queen |
| 2015-11-06 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2015-03-17 | Media lock-up request refused | |
| 2015-03-13 | Media lock-up requested or proposed | |
| 2015-03-06 | Transcript received, 145 pages | |
| 2015-02-17 | Judgment reserved OR rendered with reasons to follow | |
| 2015-02-17 |
Hearing of the appeal, 2015-02-16, CJ Abe Ro Mo Ka Wa Ga Judgment reserved |
|
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Civil Liberties Association |
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Amnesty International (Canadian Section, English Branch) |
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Ontario |
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Council for Refugees |
| 2015-02-17 | Appellant's condensed book, (Book Form), Filed in Court | Hamalraj Handasamy |
| 2015-02-17 | Appellant's condensed book, (Book Form), Filed in Court | Francis Anthonimuthu Appulonappa |
| 2015-02-17 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2015-02-16 | Respondent's condensed book, (Book Form), Filed in Court - Vol. 1 and 2 | Her Majesty the Queen |
| 2015-02-11 | Notice of appearance, Greg Delbigio and Lisa Sturgess will be appearing | Vignarajah Thevarajah |
| 2015-02-11 | Correspondence received from, (Letter Form), Colleen Bauman re: will be referring to the decision in Carter in their argument, (Electronic version filed on 2015-02-11) | British Columbia Civil Liberties Association |
| 2015-02-11 | Appeal perfected for hearing | |
| 2015-02-10 | Correspondence received from, (Letter Form), Gowling re: order of presentation, (Electronic version filed on 2015-02-10) | Francis Anthonimuthu Appulonappa |
| 2015-02-10 | Notice of appearance, (Letter Form), Marlys Edwardh and Daniel Sheppard will be appearing and Ms. Edwardh will make oral submission | British Columbia Civil Liberties Association |
| 2015-02-10 | Notice of appearance, (Letter Form), Micah B. Rankin and Phil Rankin will be appearing and Micah Rankin will make oral submission | Jeyachandran Kanagarajah |
| 2015-02-10 | Notice of appearance, (Letter Form), Peter Edelmann and Jennifer Ellis will be appearing and Mr. Edelmann will make oral submission | Hamalraj Handasamy |
| 2015-02-09 | Correspondence received from, (Letter Form), 1 reserved seat | Francis Anthonimuthu Appulonappa |
| 2015-02-06 | Supplemental document, (Book Form), Joint with 35677, 35685, 35688, 35388 - AUTHORITIES, Completed on: 2015-02-06, (Electronic version filed on 2015-02-06) | Her Majesty the Queen |
| 2015-02-06 | Reply factum on appeal, (Book Form), Joint with 35677, 35685, 35688, 35388, Completed on: 2015-02-06, (Electronic version filed on 2015-02-06) | Her Majesty the Queen |
| 2015-02-06 |
Order by, Ga, FURTHER TO THE ORDER dated November 27, 2014, granting leave to intervene to Amnesty International (Canadian Section, English Branch); AND FURTHER TO THE ORDER dated January 7, 2015, granting leave to intervene to the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers; IT IS HEREBY FURTHER ORDERED THAT: 1. Amnesty International (Canadian Section, English Branch), the Canadian Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 2. The British Columbia Civil Liberties Association is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35688, 35388, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Association of Refugee Lawyers |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35685, 35688, 35388, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Association of Refugee Lawyers |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35688, 35388 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | Amnesty International (Canadian Section, English Branch) |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35685, 35688, 35388 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | Amnesty International (Canadian Section, English Branch) |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35688, 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Civil Liberties Association |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35688 et 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Civil Liberties Association |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Completed on: 2015-02-02 | Attorney General of Ontario |
| 2015-02-02 | Intervener's factum, (Book Form), Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Attorney General of Ontario |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | British Columbia Civil Liberties Association |
| 2015-02-02 | Intervener's factum, (Book Form), Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | British Columbia Civil Liberties Association |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35688, 35388 and 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Council for Refugees |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35688, 35388 and 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Council for Refugees |
| 2015-01-30 | Notice of appearance, (Letter Form), Fiona Begg and Maria Sokolova will be appearing and Ms. Begg will make oral submissions. | Francis Anthonimuthu Appulonappa |
| 2015-01-29 | Order on motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958) | |
| 2015-01-29 |
Decision on motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958), Ga, UPON APPLICATION by the intervener, Canadian Association of Refugee Lawyers, for leave to file five (5) additional pages in addition of the instructed ten (10) pages in its factum and, if granted leave, to make oral argument for an additional five (5) minutes in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The request for leave to file additional pages in its factum is dismissed. The request for an additional five (5) minutes of oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. Dismissed |
|
| 2015-01-29 | Submission of motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958), Ga | |
| 2015-01-29 | Notice of appearance, (Letter Form), Paul Riley and Ms. Banafsheh Sokhansanj will be appearing and Mr. Riley will present oral arguments | Her Majesty the Queen |
| 2015-01-21 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-21 | Her Majesty the Queen |
| 2015-01-20 | Respondent's book of authorities, (Book Form), 2 volumes, Completed on: 2015-01-20 | Her Majesty the Queen |
| 2015-01-20 | Respondent's record, (Book Form), Completed on: 2015-01-20 | Her Majesty the Queen |
| 2015-01-20 | Respondent's factum, (Book Form), Completed on: 2015-01-20 | Her Majesty the Queen |
| 2015-01-20 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-20 | Hamalraj Handasamy |
| 2015-01-20 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-20 | Francis Anthonimuthu Appulonappa |
| 2015-01-19 | Order on motion to extend time, (by THE REGISTRAR) | |
| 2015-01-19 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellants for an Order extending the time to serve and file a joint book of authorities to December 23, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-01-19 | Submission of motion to extend time, Reg | |
| 2015-01-16 | Motion to file a lengthy factum, (Book Form), CARL asking to file an additional five (5) pages to the Intervener's Factum & for an additional five (5) minutes for oral argument if leave for argument is granted. (Joint with 35677-35685-35688-35388), Completed on: 2015-01-16, (Electronic version filed on 2015-01-20) | Canadian Association of Refugee Lawyers |
| 2015-01-07 | Order on motion for leave to intervene, (by GASCON J.) | |
| 2015-01-07 |
Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers are granted; The British Columbia Civil Liberties Association shall be entitled to serve and file a factum not to exceed 10 pages in length on or before February 2, 2015. The Canadian Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers may address the issues raised in this appeal in their factum to be filed in the related appeals Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685), J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688) and B010 v. Minister of Citizenship and Immigration (35388). The interveners shall take the necessary steps to avoid duplicative submissions. 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions. Granted |
|
| 2015-01-07 | Submission of motion for leave to intervene, Ga | |
| 2014-12-30 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-12-30 | Her Majesty the Queen |
| 2014-12-24 | Response to the motion for leave to intervene, (Letter Form), For CCR + CARL , Completed on: 2014-12-24 | Francis Anthonimuthu Appulonappa |
| 2014-12-23 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-23 | Canadian Association of Refugee Lawyers |
| 2014-12-23 | Notice of appearance, Hart Schwartz and Padraic Ryan will be present at the hearing. | Attorney General of Ontario |
| 2014-12-23 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-23 | Canadian Council for Refugees |
| 2014-12-23 | Correspondence received from, Intervener Canadian Council for Refugees, re.: Motion is for file 35958 ONLY | Canadian Council for Refugees |
| 2014-12-23 | Motion to extend time, To serve and file the book of authorities, Completed on: 2014-12-23, (Electronic version filed on 2014-12-23) | Francis Anthonimuthu Appulonappa |
| 2014-12-23 | Appellant's book of authorities, Joint - 3 volumes, Completed on: 2014-12-24 | Francis Anthonimuthu Appulonappa |
| 2014-12-23 | Response to the motion for leave to intervene, (Letter Form), by BCCLA, Completed on: 2014-12-23 | Francis Anthonimuthu Appulonappa |
| 2014-12-22 | Intervener's book of authorities, (Book Form), On Motion to Intervene, Completed on: 2014-12-22 | Canadian Civil Liberties Association |
| 2014-12-22 | Response to the motion for leave to intervene, to CCLA, Completed on: 2014-12-22 | Francis Anthonimuthu Appulonappa |
| 2014-12-22 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-22 | British Columbia Civil Liberties Association |
| 2014-12-19 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-19 | Canadian Civil Liberties Association |
| 2014-12-19 | Certificate (on limitations to public access) | Francis Anthonimuthu Appulonappa |
| 2014-12-16 | Notice of hearing sent to parties | |
| 2014-12-09 | Appellant's factum, Joint, Completed on: 2014-12-09 | Jeyachandran Kanagarajah |
| 2014-12-09 | Appellant's factum, Completed on: 2014-12-09 | Francis Anthonimuthu Appulonappa |
| 2014-12-09 | Appellant's factum, Completed on: 2014-12-09 | Hamalraj Handasamy |
| 2014-12-08 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2014-12-05 | Notice of appearance, (Letter Form), Gregory Delbigio, Q.C. and Lisa Sturgess will be appearing and Mr. Delbigio will make oral presentation | Vignarajah Thevarajah |
| 2014-12-02 | Appeal hearing scheduled, 2015-02-17, Early start 9 a.m., Day 2 (FOR WEBCASTING PURPOSES ONLY) | |
| 2014-12-02 |
Appeal hearing scheduled, 2015-02-16, Early start 9 a.m., Day 1 Judgment reserved |
|
| 2014-12-01 | Certificate of counsel (attesting to record) | Francis Anthonimuthu Appulonappa |
| 2014-12-01 | Appellant's record, Joint (5 volumes), Completed on: 2014-12-01 | Francis Anthonimuthu Appulonappa |
| 2014-11-27 | Order on motion for leave to intervene, (by GASCON J.) | |
| 2014-11-27 |
Decision on the motion for leave to intervene, (joint with 35388, 35677, 35685 and 35688), Ga, UPON APPLICATION by Amnesty International (Canadian Section, English Branch) for leave to intervene in the above appeals; AND UPON APPLICATIONS by the Canadian Council for Refugees, the David Asper Centre for Constitutional Rights, the Canadian Association of Refugee Lawyers and the United Nations High Commissioner for Refugees for leave to intervene in the appeals B010 v. Minister of Citizenship and Immigration (35388), Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the appeals Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND UPON APPLICATION by the South Asian Legal Clinic of Ontario for leave to intervene in the appeals B010 v. Minister of Citizenship and Immigration (35388), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P.et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Council for Refugees, the David Asper Centre for Constitutional Rights, the Canadian Association of Refugee Lawyers, Amnesty International (Canadian Section, English Branch), the United Nations High Commissioner for Refugees and the Canadian Civil Liberties Association are granted, and the said six (6) interveners shall be entitled to each serve and file a single factum, not to exceed 10 pages in length, on or before February 2, 2015. The motion for leave to intervene of the South Asian Legal Clinic of Ontario is dismissed. The interveners shall take the necessary steps to avoid duplicative submissions. 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions. AND IT IS HEREBY FURTHER ORDERED THAT all respondents may serve and file a single factum, not to exceed 10 pages in length, in reply to the interveners on or before February 9, 2015. Allowed in part |
|
| 2014-11-27 | Submission of motion for leave to intervene, Ga | |
| 2014-11-21 | Notice of constitutional question(s), All Attorneys General served on November 21, 2014 | Francis Anthonimuthu Appulonappa |
| 2014-11-21 | Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE) | |
| 2014-11-21 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants 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 FOLLOWS: 1. Does s. 117 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention. Granted |
|
| 2014-11-21 | Submission of motion to state a constitutional question, CJ | |
| 2014-10-27 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-10-27, (Electronic version filed on 2014-10-27) | Her Majesty the Queen |
| 2014-10-24 | Response to the motion for leave to intervene, (Letter Form), response to motion filed by Amnesty International (joint with 35685, 35677, 35388 and 35688), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Her Majesty the Queen |
| 2014-10-22 | Motion to state a constitutional question, (Letter Form), Completed on: 2014-10-22, (Electronic version due on 2014-10-29) | Francis Anthonimuthu Appulonappa |
| 2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35677, 35685, 35688, 35388, Completed on: 2014-10-14, (Electronic version filed on 2014-10-21) | Amnesty International (Canadian Section, English Branch) |
| 2014-10-14 | Notice of appeal, Completed on: 2014-10-14 | Hamalraj Handasamy |
| 2014-10-14 | Notice of appeal, (Letter Form), Completed on: 2014-10-14, (Electronic version filed on 2014-10-09) | Vignarajah Thevarajah |
| 2014-10-10 | Notice of appeal, (Letter Form), Completed on: 2014-10-10, (Electronic version filed on 2014-10-09) | Jeyachandran Kanagarajah |
| 2014-10-10 | Notice of appeal, (Letter Form), Completed on: 2014-10-10, (Electronic version filed on 2014-10-09) | Francis Anthonimuthu Appulonappa |
| 2014-10-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-10-10 | Judgment on leave sent to the parties | |
| 2014-10-09 | Correspondence (sent by the Court) to, all parties by fax, re: schedule for serving and filing the material in this appeal | |
| 2014-10-09 |
Judgment of the Court on the application for leave to appeal, The motion to join the applications for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA040592; CA040593; CA040594; CA040595; 2014 BCCA 163, dated April 30, 2014, is granted without costs. The appeal will be heard with B010 v. Minister of Citizenship and Immigration (35388), Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688). The schedule for serving and filing the materials shall be set by the Registrar. Granted, without costs |
|
| 2014-10-09 |
Decision on the miscellaneous motion Granted |
|
| 2014-09-22 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-09-22 | Submission of miscellaneous motion, Abe Ro Mo | |
| 2014-08-29 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2014-08-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-08-29, (Electronic version filed on 2014-08-29) | Her Majesty the Queen |
| 2014-07-31 | Response to miscellaneous motion, (Letter Form), Org. copy received Aug. 1, 2014, Completed on: 2014-07-31 | Her Majesty the Queen |
| 2014-07-30 | Notice of miscellaneous motion, (Letter Form), Motion for an order joining the applications, Completed on: 2014-07-30, (Electronic version filed on 2014-08-07) | Francis Anthonimuthu Appulonappa |
| 2014-06-30 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED JUNE 30, 2014 | |
| 2014-06-27 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Francis Anthonimuthu Appulonappa |
| 2014-06-27 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), for an order permitting to consolidate the applications for leave in a single application (found in their notice for leave to appeal), Completed on: 2014-06-27 | Francis Anthonimuthu Appulonappa |
| 2014-06-27 | Correspondence received from, (Letter Form), Applicants are requesting an Oral Hearing | Francis Anthonimuthu Appulonappa |
| 2014-06-27 | Application for leave to appeal, (Book Form), Draft order filed. Formal Order form rec'd Jul.18/2014, FINAL CA ORDER to come - 4 different final orders rec'd July 17, 2014, Completed on: 2014-07-21, (Electronic version filed on 2014-06-27) | Francis Anthonimuthu Appulonappa |
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 |
|---|---|---|
| Appulonappa, Francis Anthonimuthu | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Handasamy, Hamalraj | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Kanagarajah, Jeyachandran | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Thevarajah, Vignarajah | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Amnesty International (Canadian Section, English Branch) | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Canadian Council for Refugees | Intervener | Active |
| Canadian Association of Refugee Lawyers | Intervener | Active |
Counsel
Party: Appulonappa, Francis Anthonimuthu
Counsel
Fiona Begg
218 East 28th Avenue
Vancouver, British Columbia
V5V 2M4
Telephone: (604) 558-2248
FAX: (604) 676-2237
Vancouver, British Columbia
V5V 2M4
Telephone: (604) 558-2248
FAX: (604) 676-2237
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Handasamy, Hamalraj
Counsel
Peter H. Edelmann
Jennifer Ellis
Jennifer Ellis
Edelmann & Co. Law Offices
905 - 207 West Hastings Street
Vancouver, British Columbia
V6B 1H7
Telephone: (604) 646-4684
FAX: (604) 648-8043
Email: peter@edelmann.ca
905 - 207 West Hastings Street
Vancouver, British Columbia
V6B 1H7
Telephone: (604) 646-4684
FAX: (604) 648-8043
Email: peter@edelmann.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Kanagarajah, Jeyachandran
Counsel
Phillip C. Rankin
Micah Rankin
Micah Rankin
Rankin & Bond
255 - 1651 Commercial Drive
Vancouver, British Columbia
V5L 3Y3
Telephone: (604) 682-3621
FAX: (604) 682-3919
255 - 1651 Commercial Drive
Vancouver, British Columbia
V5L 3Y3
Telephone: (604) 682-3621
FAX: (604) 682-3919
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Thevarajah, Vignarajah
Counsel
Gregory P. DelBigio, Q.C.
Lisa Sturgess
Lisa Sturgess
400 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 684-4751
FAX: (604) 684-8319
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 684-4751
FAX: (604) 684-8319
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
W. Paul Riley
Banafsheh Sokhansanj
Banafsheh Sokhansanj
Public Prosecution Service of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0704
FAX: (604) 666-1599
Email: paul.riley@sppc-ppsc.gc.ca
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0704
FAX: (604) 666-1599
Email: paul.riley@sppc-ppsc.gc.ca
Agent
François Lacasse
Directeur des poursuites pénales du Canada
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: British Columbia Civil Liberties Association
Counsel
Marlys A. Edwardh
Daniel Sheppard
Daniel Sheppard
Sack Goldblatt Mitchell LLP
1100 - 20 Dundas St. W.
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-4380
FAX: (416) 979-4430
Email: medwardh@sgmlaw.com
1100 - 20 Dundas St. W.
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-4380
FAX: (416) 979-4430
Email: medwardh@sgmlaw.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Canadian Civil Liberties Association
Counsel
Andrew I. Nathanson
Gavin R. Cameron
Gavin R. Cameron
Fasken Martineau DuMoulin LLP
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-4908
FAX: (604) 631-3232
Email: anathanson@fasken.com
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-4908
FAX: (604) 631-3232
Email: anathanson@fasken.com
Agent
Yael Wexler
Fasken Martineau DuMoulin LLP
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
Party: Canadian Council for Refugees
Counsel
Catherine Bruce
Laura Best
Fadi Yachoua
Darryl W. Larson
Angus Grant
Laura Best
Fadi Yachoua
Darryl W. Larson
Angus Grant
Refugee Law Office
20 Dundas Street West
Suite 202
Toronto, Ontario
M5G 2H1
Telephone: (416) 977-8111
FAX: (416) 977-5567
Email: brucec@lao.on.ca
20 Dundas Street West
Suite 202
Toronto, Ontario
M5G 2H1
Telephone: (416) 977-8111
FAX: (416) 977-5567
Email: brucec@lao.on.ca
Agent
Martine Cétoute
Clinique Juridique Francophone de l'est d'Ottawa
290 Dupuis Street
Ottawa, Ontario
K1L 1A2
Telephone: (613) 744-2892 Ext: 1114
FAX: (613) 744-3960
Email: cetoutem@lao.on.ca
290 Dupuis Street
Ottawa, Ontario
K1L 1A2
Telephone: (613) 744-2892 Ext: 1114
FAX: (613) 744-3960
Email: cetoutem@lao.on.ca
Party: Amnesty International (Canadian Section, English Branch)
Counsel
Michael Bossin
Laïla Demirdache
Chantal Tie
Laïla Demirdache
Chantal Tie
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Attorney General of Ontario
Counsel
Hart Schwartz
Padraic Ryan
Padraic Ryan
Attorney General of Ontario
4th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-3095
FAX: (416) 326-4015
Email: hart.schwartz@ontario.ca
4th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-3095
FAX: (416) 326-4015
Email: hart.schwartz@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
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Association of Refugee Lawyers
Counsel
Andrew J. Brouwer
Erin Bobkin
Jennifer Bond
Erin Bobkin
Jennifer Bond
Refugee Law Office
20 Dundas St. West
Suite 202
Toronto, Ontario
M5G 2H1
Telephone: (416) 977-8111 Ext: 7139
FAX: (416) 977-5567
Email: brouwea@lao.on.ca
20 Dundas St. West
Suite 202
Toronto, Ontario
M5G 2H1
Telephone: (416) 977-8111 Ext: 7139
FAX: (416) 977-5567
Email: brouwea@lao.on.ca
Agent
Karima Karmali
Legal Aid Ontario
85 Albert Street, Suite 200
Ottawa, Ontario
K1P 6A4
Telephone: (613) 569-7448
FAX: (613) 569-9389
85 Albert Street, Suite 200
Ottawa, Ontario
K1P 6A4
Telephone: (613) 569-7448
FAX: (613) 569-9389
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 - Constitutional law - Right to life, liberty and security of the person - Overbreadth - Provision of the Immigration and Refugee Protection Act making it an offence to knowingly aid or abet the coming into Canada of one or more persons who are not in possession of a visa, passport or other document required by that Act - Whether the provision is overbroad or vague and therefore unjustifiably infringes s. 7 of the Canadian Charter of Rights and Freedoms? - Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”), s. 117.
On October 17, 2009, Canadian authorities intercepted a freight ship off the coast of Vancouver Island, British Columbia. The vessel was carrying 76 Sri Lankan Tamils, none of whom had proper documentation to enter the country, and all of whom initiated refugee claims upon arrival in Canada. Each paid, or promised to pay, between $30,000 and $40,000 for the voyage.
The Crown alleged that the four appellants, who were on board the ship, had organized the voyage, and were the captain and chief crew members of the ship. The appellants were charged under s. 117 of the IRPA, with organizing the illegal entry into Canada of a group of 10 or more individuals. The offence is known colloquially as the offence of “human smuggling.”
Prior to their trial, the appellants sought an order declaring that s. 117 unjustifiably infringes s. 7 of the Canadian Charter of Rights and Freedom and is therefore of no force or effect. They claimed that s. 117 was overbroad and inconsistent with the principles of fundamental justice, as it criminalized the acts of certain persons (i.e. humanitarian workers and close family members helping each other) who were not intended to be prosecuted. They were successful before the Supreme Court of British Columbia, but the British Columbia Court of Appeal overturned the decision
Lower court rulings
January 11, 2013
Supreme Court of British Columbia
25796, 2013 BCSC 31
Supreme Court of British Columbia
25796, 2013 BCSC 31
Application to declare that s. 117 of the Immigration and Refugee Protection Act is overbroad and infringes s. 7 of the Charter granted.
January 25, 2013
Supreme Court of British Columbia
25796, 2013 BCSC 198
Supreme Court of British Columbia
25796, 2013 BCSC 198
Motion to suspend the declaration of invalidity of s. 117 of the Immigration and Refugee Act granted.
April 30, 2014
Court of Appeal for British Columbia (Vancouver)
CA040592; CA040593; CA040594;, CA040595; 2014 BCCA 163
Court of Appeal for British Columbia (Vancouver)
CA040592; CA040593; CA040594;, CA040595; 2014 BCCA 163
Appeals allowed; Acquittals set aside and new trials 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.
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
Not available
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
Related links
Date modified: 2025-02-27