Case information
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36783
Her Majesty the Queen in Right of Canada v. Kevin Antic
(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) |
|---|---|---|
| 2017-06-13 | Appeal closed | |
| 2017-06-09 | Formal judgment sent to the registrar of the court of appeal and all parties, (REVISED JUDGMENT) | |
| 2017-06-09 | Judgment on appeal and notice of deposit of judgment sent to all parties, (REVISED JUDGMENT) | |
| 2017-06-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-06-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-06-01 |
Judgment on the appeal rendered, (REVISED ON 2017-06-08), CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Ontario Superior Court of Justice, Number CR-15-3465-BR, 2015 ONSC 6593, dated October 23, 2015, heard on December 2, 2016, is allowed. The bail review judge’s declaration of unconstitutionality is reversed and the cash-plus-surety release order is replaced with a cash-only release order on the same terms as those that he imposed. Allowed |
|
| 2017-05-26 | Correspondence received from, (Letter Form), Nicholas E. Devlin (by email). Email regarding the limitation on public access. , (Electronic version filed on 2017-05-26) | Her Majesty the Queen in Right of Canada |
| 2016-12-20 | Transcript received, 95 pages | |
| 2016-12-02 | General proceeding, (Letter Form), Questionnaire following the hearing concerning the publication ban. | Vincenzo Rondinelli |
| 2016-12-02 | General proceeding, (Letter Form), Questionnaire following the hearing concerning the publication ban. | Her Majesty the Queen in Right of Canada |
| 2016-12-02 | Judgment reserved OR rendered with reasons to follow | |
| 2016-12-02 |
Hearing of the appeal, 2016-12-02, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2016-12-02 | Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Canadian Civil Liberties Association |
| 2016-12-02 | Appellant's condensed book, (Book Form), Submitted in Courtroom (14 copies). | Her Majesty the Queen in Right of Canada |
| 2016-11-30 | Correspondence received from, (Letter Form), Erika Buhrmann (by e-mail). Request for 4 reserved seats. | Her Majesty the Queen in Right of Canada |
| 2016-11-25 | Notice of appearance, (Letter Form), Vincenzo Rondinelli will be appearing. Mr. Rondinelli will present oral arguments. | Vincenzo Rondinelli |
| 2016-11-23 | Notice of appearance, (Letter Form), John Norris and Chris Sewrattan will be appearing. Mr. Norris will present oral arguments. | Criminal Lawyers' Association (Ontario) |
| 2016-11-22 |
Order by, Côt, FURTHER TO THE ORDER dated September 27, 2016, granting leave to intervene to the Canadian Civil Liberties Association and the Criminal Lawyers’ Association (Ontario); 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 |
|
| 2016-11-21 | Notice of appearance, (Letter Form), Nick Devlin and Amber Pashuk will be appearing. Both counsels will present oral arguments. | Her Majesty the Queen in Right of Canada |
| 2016-11-17 | Notice of appearance, (Letter Form), Jonathan Shime will be appearing and will present oral arguments. | Canadian Civil Liberties Association |
| 2016-11-15 | Intervener's book of authorities, (Book Form), Proof of service to Kevin Antic missing (received on 2016-11-25)., Completed on: 2016-11-25, (Electronic version filed on 2016-11-15) | Criminal Lawyers' Association (Ontario) |
| 2016-11-15 | Intervener's factum, (Book Form), Proof of service to Kevin Antic missing (received on 2016-11-25)., Completed on: 2016-11-25, (Electronic version filed on 2016-11-15) | Criminal Lawyers' Association (Ontario) |
| 2016-11-15 | Intervener's book of authorities, (Book Form), Completed on: 2016-11-15, (Electronic version filed on 2016-11-15) | Canadian Civil Liberties Association |
| 2016-11-15 | Intervener's factum, (Book Form), Completed on: 2016-11-15, (Electronic version filed on 2016-11-15) | Canadian Civil Liberties Association |
| 2016-10-21 | Appeal perfected for hearing | |
| 2016-10-03 | Amicus curiae's factum, (Book Form), Completed on: 2016-10-03 | Vincenzo Rondinelli |
| 2016-10-03 | Amicus curiae's book of authorities, (Book Form), Completed on: 2016-10-03 | Vincenzo Rondinelli |
| 2016-09-27 | Order on motion for leave to intervene, By Justice Côté | |
| 2016-09-27 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Canadian Civil Liberties Association and the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and each of the said two (2) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length, on or before November 15, 2016. 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 respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2016-09-27 | Submission of motion for leave to intervene, (2 motions), Côt | |
| 2016-09-16 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-16, (Printed version filed on 2016-09-16) | Vincenzo Rondinelli |
| 2016-09-15 | Notice of hearing sent to parties | |
| 2016-09-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-08, (Printed version filed on 2016-09-08) | Her Majesty the Queen in Right of Canada |
| 2016-09-06 | Motion for leave to intervene, (Book Form), payment to come, Completed on: 2016-09-06, (Electronic version due on 2016-09-13) | Criminal Lawyers' Association (Ontario) |
| 2016-09-06 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-06, (Printed version filed on 2016-09-06) | Canadian Civil Liberties Association |
| 2016-08-30 | Notice of constitutional question(s), (all AGs served) | Her Majesty the Queen in Right of Canada |
| 2016-08-26 | Notice of withdrawal, (Letter Form), of counsel | Kevin Antic |
| 2016-08-23 | Order on motion to state a constitutional question, by the CHIEF JUSTICE | |
| 2016-08-23 | Order on motion to extend time, by the CHIEF JUSTICE | |
| 2016-08-23 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Does section 515(2)(e) of the Criminal Code, R.S.C. 1985, c. C-46, infringe section 11(e) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under section 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 respondent the costs of any additional disbursements they incurred as a result of the intervention. Granted |
|
| 2016-08-23 | Submission of motion to state a constitutional question, CJ | |
| 2016-08-23 |
Decision on motion to extend time, CJ Granted |
|
| 2016-08-23 | Submission of motion to extend time, CJ | |
| 2016-08-16 | Correspondence received from, (Letter Form), Appellant, re: Mr. Antic has been released | Her Majesty the Queen in Right of Canada |
| 2016-08-10 |
Appeal hearing scheduled, 2016-12-02, EARLY START (9:00AM) Judgment reserved |
|
| 2016-08-08 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-08) | Her Majesty the Queen in Right of Canada |
| 2016-08-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-08) | Her Majesty the Queen in Right of Canada |
| 2016-08-08 | Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) | Her Majesty the Queen in Right of Canada |
| 2016-08-08 | Appellant's record, (Book Form), (2 volumes), Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) | Her Majesty the Queen in Right of Canada |
| 2016-08-08 | Appellant's factum, (Book Form), electronic copy of redacted factum rec'd 2016/08/08, Completed on: 2016-08-08, (Electronic version filed on 2016-08-08) | Her Majesty the Queen in Right of Canada |
| 2016-08-03 | Motion to extend time, (Letter Form), TO SERVE AND FILE THE NOTICE OF MOTION TO STATE CONSTITUTIONAL QUESTION., Completed on: 2016-08-03 | Her Majesty the Queen in Right of Canada |
| 2016-08-03 | Motion to state a constitutional question, (Letter Form), Completed on: 2016-08-03 | Her Majesty the Queen in Right of Canada |
| 2016-07-29 | Correspondence (sent by the Court) to, Mr. Vincenzo Rondinelli, re: amicus curiae mandate letter. | |
| 2016-07-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-07-27 |
Order by, CHIEF JUSTICE MCLACHLIN, CJ, Given that the respondent has advised the Court that he will not be represented by counsel in this appeal, Mr. Vincenzo Rondinelli is hereby appointed as amicus curiae to assist the Court by serving and filing a factum of no more than forty (40) pages and a book of authorities on or before October 3, 2016, and by making oral submissions at the hearing of the appeal. The reasonable fees and disbursements of Mr. Rondinelli shall be paid, on consent, by the Public Prosecution Service of Canada. Granted |
|
| 2016-07-12 | Correspondence received from, (Letter Form), Respondent, re.: completed self-rep questionnaire regarding legal services | Kevin Antic |
| 2016-06-03 | Correspondence (sent by the Court) to, Respondent re: Self-Rep Questionnaire regarding legal services. | |
| 2016-05-19 | Correspondence (sent by the Court) to, Mr. Robert DiPietro, counsel for the Respondent, re: Request to contact the Registry. | |
| 2016-05-16 | Notice of appeal, Completed on: 2016-05-16 | Her Majesty the Queen in Right of Canada |
| 2016-04-25 | Correspondence (sent by the Court) to, Mr. Robert DiPietro, counsel for the Respondent, re: Rule 15(1) and Rules 17(4)(a) and (B) | |
| 2016-04-25 | Correspondence received from, (Letter Form), Mr. Robert DiPietro, counsel for the Respondent, letter dated April 21, 2016 - re: he no longer represents Mr. Kevin Antic. | Kevin Antic |
| 2016-04-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-15 | Judgment on leave sent to the parties | |
| 2016-04-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Number CR-15-3465-BR, 2015 ONSC 6593, dated October 23, 2015, is granted. Granted |
|
| 2016-03-07 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-12-30 | Letter acknowledging receipt of a complete application for leave to appeal, File opened 2015-12-30 | |
| 2015-12-22 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-22) | Her Majesty the Queen in Right of Canada |
| 2015-12-22 | Application for leave to appeal, (Book Form), Completed on: 2015-12-22, (Electronic version filed on 2015-12-22) | Her Majesty the Queen in Right 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 |
|---|---|---|
| Her Majesty the Queen in Right of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Antic, Kevin | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Rondinelli, Vincenzo | Amicus curiae | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
Counsel
Party: Her Majesty the Queen in Right of Canada
Counsel
Amber Pashuk
Brian Saunders, Q.C.
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6213
FAX: (416) 952-2116
Email: nick.devlin@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Antic, Kevin
This party is not represented by counsel.
Party: Rondinelli, Vincenzo
Counsel
400 University Avenue
Suite 2001
Toronto, Ontario
M5G 1S5
Telephone: (416) 204-1835 Ext: 222
FAX: (416) 204-1849
Email: rondinelli@sympatico.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Canadian Civil Liberties Association
Counsel
1900-439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-1716
FAX: (416) 408-2372
Email: jshime@criminal-lawyers.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Criminal Lawyers' Association (Ontario)
Counsel
Chris Sewrattan
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.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.
(PUBLICATION BAN IN CASE)
Charter of Rights and freedoms – Right to reasonable bail – Whether s. 515(2)(e) of the Criminal Code, R.S.C. 1985, c. C-46, infringes the right under s. 11(e) of the Charter not to be denied reasonable bail without just cause – If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society – If not, whether words should be severed from s. 515(2)(e) and struck down?
On an application for judicial interim release, if an accused does not ordinarily reside within two hundred kilometres of the place in which he or she is in custody, then pursuant to s. 515(2)(e) of the Criminal Code, on the accused entering into a recognizance with or without sureties as the justice directs and depositing with the justice such sum of money or other valuable security as the justice directs, the judge hearing the application shall order judicial interim release unless the prosecutor shows cause why detention of the accused is justified.
Lower court rulings
Ontario Superior Court of Justice
CR-15-3465-BR, 2015 ONSC 6593
Bail review application allowed and judicial interim release granted
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
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