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.
36866
Ronald James Aitkens v. Her Majesty the Queen (Alberta Securities Commission)
(Alberta) (Civil) (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) |
|---|---|---|
| 2017-03-02 | Appeal closed | |
| 2017-02-27 | Transcript received, (joint with 36865) 115 pages | |
| 2017-02-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-02-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-02-24 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1503-0197A, 2015 ABCA 407, dated December 21, 2015, was heard on February 14, 2017, and the Court on February 24, 2017, delivered the following judgment: THE COURT — The appeal is dismissed. We conclude that the appellant was not entitled to a trial by jury, substantially for the reasons of the majority of the Court of Appeal, 2015 ABCA 407, 609 A.R. 352. Dismissed |
|
| 2017-02-14 | Judgment reserved OR rendered with reasons to follow | |
| 2017-02-14 |
Hearing of the appeal, 2017-02-14, (joint with 36865), CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-02-14 | Intervener's condensed book, (Book Form), (joint with 36865) (14 copies) Submitted in courtroom. | Ontario Securities Commission |
| 2017-02-14 | Appellant's condensed book, (Book Form), (14 copies) Submitted in courtroom. | Ronald James Aitkens |
| 2017-02-13 | Intervener's condensed book, (Book Form), (joint with 36865) (14 copies) Distributed in courtroom. | Attorney General of Alberta |
| 2017-02-13 | Respondent's condensed book, (Book Form), (joint with 36865) (14 copies) Distributed in Courtroom. | Her Majesty the Queen (Alberta Securities Commission) |
| 2017-02-13 | Correspondence received from, (Letter Form), (joint with 36865) Michelle Groundwater (by email). 3 reserved seats. | Ontario Securities Commission |
| 2017-02-10 | Correspondence received from, (Letter Form), Sarena Forsyth (by email). The appellant will include s. 92(15) of the Constitution Act in their condensed book. , (Electronic version filed on 2017-02-10) | Ronald James Aitkens |
| 2017-02-09 | Correspondence received from, (Letter Form), (joint with 36865) Karen Collins (by email). 6 reserved seats. | Her Majesty the Queen (Alberta Securities Commission) |
| 2017-02-09 | Correspondence received from, (Letter Form), (joint with 36865) D. Lynne Watt (by email). Counsel for the Attorneys General of Canada, Ontario and Alberta have agreed that Mr. Normey, on behalf of the Attorney General of Alberta, should present his oral argument before counsel for the Attorney General of Canada and Ontario., (Electronic version filed on 2017-02-09) | Attorney General of Alberta |
| 2017-02-07 | Notice of appearance, (Letter Form), (Joint with 36865) Marianne Zoric and Jeannette Gevikoglu will be appearing. Ms. Zoric will present oral argument. | Attorney General of Canada |
| 2017-02-07 |
Order by, Justice Côté (Joint with 36865), Côt, FURTHER TO THE ORDER dated November 17, 2016, granting leave to intervene to the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Canadian Constitution Foundation and the Ontario Securities Commission in both appeals and granting leave to intervene to the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association in the appeal Jeremy James Peers v. Her Majesty the Queen (Alberta Securities Commission) and Attorney General of Alberta (36865); IT IS HEREBY FURTHER ORDERED THAT: The said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. The Attorney General of Alberta is granted permission to present oral argument not exceeding twenty-five (25) minutes at the hearing of the appeals. Granted |
|
| 2017-02-06 | Notice of appearance, (Letter Form), (joint with 36865) Matthew Horner and Jennifer Luong will be appearing. Mr. Horner will present oral argument. | Attorney General of Ontario |
| 2017-02-06 | Intervener's book of authorities, (Book Form), (joint with 36865), Completed on: 2017-02-06, (Electronic version filed on 2017-02-06) | Attorney General of Quebec |
| 2017-02-06 | Intervener's factum, (Book Form), (joint with 36865), Completed on: 2017-02-06, (Electronic version filed on 2017-02-06) | Attorney General of Quebec |
| 2017-02-03 | Correspondence received from, (Letter Form), (joint with 36865) Robert Normey (by email). Letter regarding the time for oral argument. , (Electronic version filed on 2017-02-03) | Attorney General of Alberta |
| 2017-02-02 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-02-02) | Ronald James Aitkens |
| 2017-02-01 | Notice of appearance, (Letter Form), (joint with 36865) Hugh Craig and Carlo Rossi will be appearing. Mr. Craig will present oral argument. | Ontario Securities Commission |
| 2017-02-01 | Appellant's record, (Book Form), SUPPLEMENTAL, Completed on: 2017-02-01, (Electronic version filed on 2017-02-01) | Ronald James Aitkens |
| 2017-01-31 | Notice of appearance, (Letter Form), (joint with 36865) Don Young and Robert Stack will be appearing. Mr. Young will present oral argument. | Her Majesty the Queen (Alberta Securities Commission) |
| 2017-01-31 | Notice of appearance, (Letter Form), (joint with 36865) Darryl Cruz, Brandon kain and Byron Shaw will be appearing. Mr. Cruz will present oral argument. | Canadian Constitution Foundation |
| 2017-01-31 | Notice of appearance, (Letter Form), Brendan Miller and Joshua Sutherland will be appearing. Mr. Miller will present oral argument. | Ronald James Aitkens |
| 2017-01-30 | Notice of appearance, (Letter Form), (joint with 36865) No one appearing | Attorney General of Quebec |
| 2017-01-30 | Intervener's book of authorities, (Book Form), (joint with 36865), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | Canadian Constitution Foundation |
| 2017-01-30 | Intervener's factum, (Book Form), (Joint with 36865), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | Canadian Constitution Foundation |
| 2017-01-30 | Intervener's book of authorities, (Book Form), (Joint with 36865) Proof of service missing (received 2017-01-31), Completed on: 2017-02-02, (Electronic version filed on 2017-01-30) | Attorney General of Ontario |
| 2017-01-30 | Intervener's factum, (Book Form), (Joint with 36865) Proof of service missing (received 2017-01-31), Completed on: 2017-02-02, (Electronic version filed on 2017-01-30) | Attorney General of Ontario |
| 2017-01-30 | Intervener's book of authorities, (Book Form), (joint with 36865), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | Attorney General of Canada |
| 2017-01-30 | Intervener's factum, (Book Form), (joint with 36865), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | Attorney General of Canada |
| 2017-01-27 | Intervener's book of authorities, (Book Form), (Joint with 36865). Electronic version filed on 2017-01-30., Completed on: 2017-01-27 | Ontario Securities Commission |
| 2017-01-27 | Intervener's factum, (Book Form), (Joint with 36865). Electronic version filed on 2017-01-30., Completed on: 2017-01-27 | Ontario Securities Commission |
| 2017-01-27 | Correspondence received from, (Letter Form), Michelle Groundwater (by email). Mr. Carlo Rossi is co-counsel for the intervener. | Ontario Securities Commission |
| 2017-01-26 | Notice of appearance, (Letter Form), (joint with 36865) Robert J. Normey will be appearing and presenting an oral argument. | Attorney General of Alberta |
| 2017-01-11 | Order on motion to extend time, BY JUSTICE CÔTÉ (Joint with 36865) | |
| 2017-01-11 |
Decision on motion to extend time, (Joint with 36865), Côt, UPON APPLICATION by the intervener, the Attorney General of Quebec, for an order extending the time to serve and file its Factum and Book of Authorities to February 6, 2017; AND THE MATERIAL FILED having been read; AND NOTING the consent of the appellants and the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2017-01-11 | Submission of motion to extend time, Côt | |
| 2017-01-09 | Correspondence received from, (Book Form), Me Pierre Landry, email correspondence - the respondent consents to the motion for the ext. of time. | Attorney General of Quebec |
| 2017-01-09 | Correspondence received from, (Letter Form), Mme Chantal Decoste, email correspondence - the AG of Alberta consents to the motion for the ext. of time. | Attorney General of Quebec |
| 2017-01-09 | Response to motion to extend time, (Letter Form), Completed on: 2017-01-09 | Ronald James Aitkens |
| 2016-12-22 | Motion to extend time, (Letter Form), Joint with 36865 - To serve and file the factum, Completed on: 2016-12-22, (Printed version filed on 2016-12-29) | Attorney General of Quebec |
| 2016-11-25 | Correspondence received from, Marianne Zoric dated 2016-11-25. Re: Will be new counsel on file | Attorney General of Canada |
| 2016-11-23 | Notice of hearing sent to parties | |
| 2016-11-18 | Appeal perfected for hearing | |
| 2016-11-17 | Order on motion for leave to intervene, (by JUSTICE CÔTÉ) | |
| 2016-11-17 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Canadian Constitution Foundation and the Ontario Securities Commission for leave to intervene in the above appeals; AND UPON APPLICATION by the British Columbia Civil Liberties Association for leave to intervene in the appeal Jeremy James Peers v. Her Majesty the Queen (Alberta Securities Commission) and Attorney General of Alberta (36865); AND UPON APPLICATIONS by the Canadian Civil Liberties Association for an extension of time to serve their motion for leave to intervene and for leave to intervene in the appeal Jeremy James Peers v. Her Majesty the Queen (Alberta Securities Commission) and Attorney General of Alberta (36865); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motions for leave to intervene of the Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Canadian Constitution Foundation and the Ontario Securities Commission in both appeals are granted and the said interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length, on or before January 30, 2017. The motions for leave to intervene of the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, on or before January 30, 2017, in the appeal Jeremy James Peers v. Her Majesty the Queen (Alberta Securities Commission) and Attorney General of Alberta (36865). 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 intervention. Granted |
|
| 2016-11-17 | Submission of motion for leave to intervene, Côt | |
| 2016-11-16 |
Appeal hearing scheduled, 2017-02-14 Judgment reserved |
|
| 2016-11-14 | Intervener's book of authorities, (Book Form), Joint with 36865, Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) | Attorney General of Alberta |
| 2016-11-14 | Intervener's factum, (Book Form), Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) | Attorney General of Alberta |
| 2016-11-14 | Respondent's book of authorities, (Book Form), Joint with 36865, Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) | Her Majesty the Queen (Alberta Securities Commission) |
| 2016-11-14 | Respondent's factum, (Book Form), Joint with 36865, Completed on: 2016-11-14, (Electronic version filed on 2016-11-14) | Her Majesty the Queen (Alberta Securities Commission) |
| 2016-11-10 | Order on motion to extend time, (by THE CHIEF JUSTICE) | |
| 2016-11-10 | Order on motion to state a constitutional question, (by THE CHIEF JUSTICE) | |
| 2016-11-10 |
Decision on motion to extend time, see order on motion to state constitutional questions, CJ Granted |
|
| 2016-11-10 |
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 extending the time within which the appellant may serve and file his motion; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1. The motion to extend the time to serve and file the motion to state constitution questions is granted; and 2. The motion for an order stating constitutional questions is dismissed. Dismissed |
|
| 2016-11-10 | Submission of motion to extend time, CJ | |
| 2016-11-10 | Submission of motion to state a constitutional question, CJ | |
| 2016-11-08 | Motion to extend time, (Letter Form), (Included in the motion to state a constitutional question), To serve and file to Notice of motion to state a constitutional question, Completed on: 2016-11-08, (Electronic version filed on 2016-11-08) | Ronald James Aitkens |
| 2016-11-08 | Motion to state a constitutional question, (Letter Form), Service to come, Completed on: 2016-11-08, (Electronic version filed on 2016-11-08) | Ronald James Aitkens |
| 2016-10-20 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-10-20, (Printed version filed on 2016-10-20) | Attorney General of Alberta |
| 2016-10-18 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-10-18, (Printed version filed on 2016-10-18) | Ronald James Aitkens |
| 2016-10-17 | Motion for leave to intervene, (Book Form), Joint with 36865, Completed on: 2016-10-17, (Electronic version filed on 2016-10-17) | Canadian Constitution Foundation |
| 2016-10-17 | Motion for leave to intervene, (Book Form), Joint with 36865, Completed on: 2016-10-17 | Attorney General of Ontario |
| 2016-10-14 | Motion for leave to intervene, (Letter Form), joint with 36865, Completed on: 2016-10-17, (Printed version filed on 2016-10-17) | Attorney General of Quebec |
| 2016-10-13 | Certificate (on limitations to public access), (Book Form), (Electronic version due on 2016-10-20) | Ontario Securities Commission |
| 2016-10-13 | Notice of name, (Book Form), (Electronic version due on 2016-10-20) | Ontario Securities Commission |
| 2016-10-13 | Motion for leave to intervene, (Book Form), Joint with 36865, Completed on: 2016-10-13, (Electronic version due on 2016-10-20) | Ontario Securities Commission |
| 2016-10-11 | Response to the motion for leave to intervene, (Letter Form), Joint with 26865, Completed on: 2016-10-11 | Her Majesty the Queen (Alberta Securities Commission) |
| 2016-10-11 | Response to the motion for leave to intervene, (Letter Form), Joint with 36865, Completed on: 2016-10-11 | Attorney General of Alberta |
| 2016-10-07 | Motion for leave to intervene, (Book Form), Joint with 36866, Completed on: 2016-10-07 | Attorney General of Canada |
| 2016-09-20 | Appellant's book of authorities, (Book Form), Supplemental, Completed on: 2016-09-20, (Electronic version filed on 2016-09-22) | Ronald James Aitkens |
| 2016-09-19 | Appellant's book of authorities, (Book Form), Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) | Ronald James Aitkens |
| 2016-09-19 | Appellant's record, (Book Form), Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) | Ronald James Aitkens |
| 2016-09-19 | Appellant's factum, (Book Form), Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) | Ronald James Aitkens |
| 2016-06-27 | Notice of appeal, (Letter Form), Completed on: 2016-06-27, (Electronic version filed on 2016-06-27) | Ronald James Aitkens |
| 2016-05-30 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-05-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-27 | Judgment on leave sent to the parties | |
| 2016-05-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1503-0197-A, 2015 ABCA 407, dated December 21, 2015, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2016-05-02 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-04-04 | Applicant's reply to respondent's argument, (Book Form), Amended version received 2016-04-12., Completed on: 2016-04-04, (Electronic version filed on 2016-04-04) | Ronald James Aitkens |
| 2016-03-23 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-23) | Her Majesty the Queen (Alberta Securities Commission) |
| 2016-03-23 | Notice of name, (Letter Form), (Electronic version filed on 2016-03-23) | Her Majesty the Queen (Alberta Securities Commission) |
| 2016-03-23 | Respondent's response on the application for leave to appeal, (Book Form), joint with 36865., Completed on: 2016-03-23, (Electronic version filed on 2016-03-23) | Her Majesty the Queen (Alberta Securities Commission) |
| 2016-03-10 | Correspondence received from, (Letter Form), Robert Normey, Attorney General of Alberta re: they won't participate. | Attorney General of Alberta |
| 2016-02-25 | Correspondence received from, (Letter Form), agent of the applicant : confirmation of the status of the Attorney General of Alberta., (Electronic version filed on 2016-02-25) | Ronald James Aitkens |
| 2016-02-23 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2016-02-23. | |
| 2016-02-19 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-19) | Ronald James Aitkens |
| 2016-02-19 | Application for leave to appeal, (Book Form), CA Order missing. Received 2016-02-24., Completed on: 2016-02-19, (Electronic version filed on 2016-02-19) | Ronald James Aitkens |
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 |
|---|---|---|
| Aitkens, Ronald James | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen (Alberta Securities Commission) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Canadian Constitution Foundation | Intervener | Active |
| Ontario Securities Commission | Intervener | Active |
Counsel
Party: Aitkens, Ronald James
Counsel
Brendan M. Miller
Walsh LLP
2800 - 801 - 6 Ave SW
Calgary, Alberta
T2P 4A3
Telephone: (403) 267-8400
FAX: (403) 264-9400
Email: bmiller@walshlaw.ca
2800 - 801 - 6 Ave SW
Calgary, Alberta
T2P 4A3
Telephone: (403) 267-8400
FAX: (403) 264-9400
Email: bmiller@walshlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen (Alberta Securities Commission)
Counsel
Don Young
Lorenz Berner
Robert Stack
Lorenz Berner
Robert Stack
Alberta Securities Commission
600, 250 - 5th Street SW
Calgary, Alberta
T2P 0R4
Telephone: (403) 297-2642
FAX: (403) 297-2210
Email: don.young@asc.ca
600, 250 - 5th Street SW
Calgary, Alberta
T2P 0R4
Telephone: (403) 297-2642
FAX: (403) 297-2210
Email: don.young@asc.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Alberta
Counsel
Robert J. Normey
Attorney General of Alberta
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
4th Floor, Bowker Building
9833 - 109th Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-9532
FAX: (780) 425-0307
Email: robert.normey@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Marianne Zoric
Jeanette Gevikoglu
Jeanette Gevikoglu
Attorney General of Canada
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8046
FAX: (416) 954-8982
Email: marianne.zoric@justice.gc.ca
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8046
FAX: (416) 954-8982
Email: marianne.zoric@justice.gc.ca
Agent
Robert J. Frater Q.C.
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Attorney General of Ontario
Counsel
Matthew Horner
Jennifer Luong
Jennifer Luong
Attorney General of Ontario
720 Bay Street
4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 212-7009
FAX: (416) 326-4015
Email: matthew.horner@ontario.ca
720 Bay Street
4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 212-7009
FAX: (416) 326-4015
Email: matthew.horner@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 Constitution Foundation
Counsel
Darryl A. Cruz
Brandon Kain
Byron Shaw
Atrisha Lewis
Brandon Kain
Byron Shaw
Atrisha Lewis
McCarthy Tétrault LLP
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8856
FAX: (416) 868-0673
Email: dcruz@mccarthy.ca
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8856
FAX: (416) 868-0673
Email: dcruz@mccarthy.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: Ontario Securities Commission
Counsel
Hugh Craig
Carlo Rossi
Carlo Rossi
Ontario Securities Commission
20 Queen Street West
22nd Floor
Toronto, Ontario
M5H 3S8
Telephone: (416) 593-8259
FAX: (416) 593-2319
Email: hcraig@osc.gov.on.ca
20 Queen Street West
22nd Floor
Toronto, Ontario
M5H 3S8
Telephone: (416) 593-8259
FAX: (416) 593-2319
Email: hcraig@osc.gov.on.ca
Agent
Colin S. Baxter
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca
Party: Attorney General of Quebec
Counsel
Sylvain Leboeuf
Procureur général du Québec
1200, Route de l'Église, 2ème étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: Sylvain.leboeuf@justice.gouv.qc.ca
1200, Route de l'Église, 2ème étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: Sylvain.leboeuf@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.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.
Charter of Rights – Right to trial by jury – What does the phrase “or a more severe punishment” in s. 11(f) of the Charter mean – Does the phrase “or a more severe punishment” in s. 11(f) of the Charter include a combined maximum sentence of: five (5) years less one (1) day imprisonment, a $5,000,000.00 fine, and an automatic six (6) month imprisonment for failure to pay said $5,000,000.00 fine with no right to a default hearing – If yes, what remedy should be granted under s. 24(1) of the Charter.
The applicant faced several charges under the Securities Act, R.S.A. 2000, c. S-4 (the “Act”) which were brought by the Crown on a summary basis before the Provincial Court of Alberta. The applicant brought an application contending that under s. 194 of the Act he could face a more severe punishment than five years of imprisonment, and was therefore entitled to a jury trial pursuant to s. 11(f) of the Charter. He further argued that the Provincial Court of Alberta does not have the jurisdiction to conduct a jury trial and that the matter should be transferred to the Court of Queen’s Bench to determine whether it has inherent jurisdiction to conduct a jury trial over a provincial offence. A judge of the Provincial Court rejected the argument that the applicant was entitled to a jury trial. That decision was confirmed on appeal to the Court of Queen’s Bench and again on appeal to the Court of Appeal of Alberta.
Lower court rulings
January 30, 2015
Provincial Court of Alberta
131151699P10101, 2015 ABPC 21
Provincial Court of Alberta
131151699P10101, 2015 ABPC 21
Applicant held no to be entitled to trial by jury.
May 8, 2015
Court of Queen’s Bench of Alberta
131151698U1
Court of Queen’s Bench of Alberta
131151698U1
Appeal dismissed.
December 21, 2015
Court of Appeal of Alberta (Edmonton)
1503-0197-A , 2015 ABCA 407
Court of Appeal of Alberta (Edmonton)
1503-0197-A , 2015 ABCA 407
Appeal dismissed.
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Date modified: 2025-02-27