Case information
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36564
Attorney General of Canada v. Samantha Claire Lewis, et al.
(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) |
|---|---|---|
| 2016-01-19 | Close file on Leave | |
| 2016-01-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-01-15 | Judgment on leave sent to the parties | |
| 2016-01-14 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to 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 C59665, 2015 ONCA 379, dated May 29, 2015, is dismissed. Dismissed |
|
| 2016-01-14 |
Decision on motion to extend time Granted |
|
| 2015-12-07 | Submission of motion to extend time, CJ Mo Ga | |
| 2015-12-07 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-10-16 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-10-16 | Attorney General of Canada |
| 2015-10-07 | Motion to extend time, To serve and file the response - with consent, Completed on: 2015-10-07 | Samantha Claire Lewis |
| 2015-10-07 | Book of authorities | Samantha Claire Lewis |
| 2015-10-07 | Certificate (on limitations to public access) | Samantha Claire Lewis |
| 2015-10-07 | Respondent's response on the application for leave to appeal, Completed on: 2015-10-07 | Samantha Claire Lewis |
| 2015-08-25 | Certificate (on limitations to public access) | Attorney General of Canada |
| 2015-08-24 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-08-24 | |
| 2015-08-24 | Book of authorities | Attorney General of Canada |
| 2015-08-24 | Application for leave to appeal, Completed on: 2015-08-24 | Attorney General of Canada |
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 |
|---|---|---|
| Attorney General of Canada | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Samantha Claire Lewis | Respondent | Active |
| Souphin Inlakhana, Juliet Ifeika, Rosa Mukandori, Nazma Murtaza, Debbie Craddock, Desiree Solleveld, Patricia Longley, Candace Branche, Carol Williams | Respondent | Active |
Counsel
Party: Attorney General of Canada
Counsel
130 King Street West
Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-7116
FAX: (416) 973-5004
Email: michael.sims@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Samantha Claire Lewis
Counsel
Kingston, Ontario
K7K 3B7
Telephone: (613) 536-5650
FAX: (613) 554-6130
Email: briancallender@bellnet.ca
Party: Souphin Inlakhana, Juliet Ifeika, Rosa Mukandori, Nazma Murtaza, Debbie Craddock, Desiree Solleveld, Patricia Longley, Candace Branche, Carol Williams
Counsel
Kingston, Ontario
K7K 3B7
Telephone: (613) 536-5650
FAX: (613) 554-6130
Email: briancallender@bellnet.ca
Summary
Keywords
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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 – Criminal Law – Benefit of lesser punishment – Parole –Abolition of Early Parole Act, S.C. 2011, c. 11 – Whether s. 11(i) of the Charter guarantees an offender the benefit of the more favourable parole regime where the parole regime varies between the time of the commission of an offence and the time of sentencing?
Non-violent, first time federal offenders were entitled to an accelerated parole review (APR) entitling them to apply for day parole after serving the longer of six months or one-sixth of their sentence under the Corrections and Conditional Release Act S.C. 1992, c. 20. On March 28, 2011, the APR provisions were repealed when the Abolition of Early Parole Act, S.C. 2011, c. 11 came into force. The respondents were convicted of offences that were committed before March 28, 2011 and were sentenced after the repeal of APR. They applied in the Superior Court of Ontario for a declaration that they were entitled to the benefits of APR. The application for a declaration was granted and an appeal by the applicant to the Court of Appeal for Ontario was dismissed.
Lower court rulings
Ontario Superior Court of Justice
8279, 2014 ONSC 6394
Application allowed: declaration that respondents were eligible for Accelerated Parole Review.
Court of Appeal for Ontario
C59665, 2015 ONCA 379
Appeal 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.
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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
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