Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2017-12-21	Appeal closed
2017-12-11	Formal judgment sent to the registrar of the court of appeal and all parties
2017-12-11	Judgment on appeal and notice of deposit of judgment sent to all parties
2017-12-08	Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Row, The appeal from the judgment of the Court of Appeal for Ontario, Number C60175, 2016 ONCA 542, dated July 8, 2016, heard on March 23, 2017, is allowed. The convictions are set aside and acquittals are entered on all charges. Moldaver and Côté JJ. dissent. Allowed
2017-12-07	Correspondence received from, Wayne Cunningham, re: completed undertaking	Nour Marakah
2017-12-07	Correspondence received from, Jill Presser, re: completed undertaking	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-11-07	Correspondence received from, Christine Lonsdale by fax, re: completed lock-up form and undertaking (joint with 37194)	Canadian Civil Liberties Association
2017-11-06	Correspondence received from, Maureen McGuire by email, re: completed lock-up form and undertaking	Attorney General of Alberta
2017-11-06	Correspondence received from, François Lacasse, re: completed lock-up form and undertaking (joint with 37194)	Director of Public Prosecutions
2017-11-03	Correspondence received from, Bianca Bell by fax, re: completed undertaking and lock-up form (joint with 37194)	Criminal Lawyers' Association of Ontario
2017-11-02	Correspondence received from, Gerald Chan and Nader Hasan by email, re: completed lock-up forms and undertakings (joint with 37194) (originals received on November 8, 2017)	British Columbia Civil Liberties Association
2017-11-02	Correspondence received from, Jennifer Conroy by email, re: completed lock-up form and undertaking (joint with 37194) (original received on November 7, 2017)	Director of Public Prosecutions
2017-11-02	Correspondence received from, Nick Devlin by email, re: completed lock-up form and undertaking (joint with 37194) (original received on November 7, 2017)	Director of Public Prosecutions
2017-10-31	Correspondence received from, Lisa Koivula, re: completed undertakings and lock-up forms for Andrew Hotke and Randy Schwartz (joint with 37194)	Her Majesty the Queen
2017-10-30	Correspondence received from, Daniel Scanlan by fax, re: completed lock-up form and undertaking (joint with 37194) (original received on November 6, 2017)	Attorney General of British Columbia
2017-10-30	Correspondence received from, Mark Sandler and Wayne Cunningham by fax, re: completed lock-up form; will be attending in person	Nour Marakah
2017-10-26	Correspondence (sent by the Court) to, all parties (joint with 37194), re: media and counsel lock-up will be held
2017-10-11	Correspondence received from, Christine Lonsdale by fax (joint with 37194), re: supports the holding of a lock-up; wishes to attend in person	Canadian Civil Liberties Association
2017-10-10	Correspondence received from, Mark Sandler by email, re: no objection to media lock-up; wishes to attend counsel lock-up in person or, in the alternative, remotely	Nour Marakah
2017-10-10	Correspondence received from, Tamir Israel by email (joint with 37194), re: wishes to attend lockup or, in the alternative, to view the judgment remotely	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-10-10	Correspondence received from, Daniel Scanlan by fax (joint with 37194), re: no objection to proposed lock-up; requests to receive judgment remotely	Attorney General of British Columbia
2017-10-10	Correspondence received from, Andrew Hotke by email (joint with 37194), re: no objection to media lock-up; requests to receive the judgments remotely	Her Majesty the Queen
2017-10-06	Correspondence received from, François Lacasse by email (joint with 37194), re: no objections to media lock-up; request separate counsel lock-up and to receive the judgment remotely	Director of Public Prosecutions
2017-10-06	Correspondence received from, Maureen McGuire by email, re: wishes to participate remotely if a lock-up is held	Attorney General of Alberta
2017-10-04	Correspondence (sent by the Court) to, (joint with 37194) the appellants and respondents by email and regular mail, re: Letter seeking comments on media lock-up and whether a separate and simultaneous lock-up for counsel is required.
2017-10-04	Media lock-up requested or proposed
2017-04-06	Transcript received, (joint with 37194) (196 pages)
2017-03-23	Judgment reserved OR rendered with reasons to follow
2017-03-23	Hearing of the appeal, 2017-03-23, CJ Abe Mo Ka Ga Côt Row Judgment reserved
2017-03-23	Intervener's condensed book, (Book Form), (14 copies) Submitted in courtroom	Attorney General of Alberta
2017-03-23	Intervener's condensed book, (Book Form), (joint with 37194) (14 copies) Submitted in courtroom	Director of Public Prosecutions
2017-03-23	Respondent's condensed book, (Book Form), (joint with 37194) (14 copies) Submitted in courtroom	Her Majesty the Queen
2017-03-23	Intervener's condensed book, (Book Form), (14 copies) Submitted in courtroom	Criminal Lawyers' Association of Ontario
2017-03-23	Appellant's condensed book, (Book Form), (14 copies) Submitted in Courtroom	Nour Marakah
2017-03-21	Notice of appearance, (Letter Form), (joint with 37194) Jill R. Presser and David A. Fewer will be appearing. Ms. Presser will present oral argument.	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-03-20	Notice of appearance, (Letter Form), Mark J. Sandler and Wayne Cunningham will be appearing. Mr. Sandler will present oral argument.	Nour Marakah
2017-03-20	Notice of appearance, (Letter Form), Susan Chapman and Naomi Greckol-Herlich will be appearing. Ms. Chapman will present oral argument.	Criminal Lawyers' Association of Ontario
2017-03-20	Order by, Row, FURTHER TO THE ORDER dated December 13, 2016, granting leave to intervene to the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Criminal Lawyers’ Association of Ontario, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Director of Public Prosecutions, the Attorney General of Alberta and the Attorney General of British Columbia in the above appeal; IT IS HEREBY FURTHER ORDERED THAT the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Criminal Lawyers’ Association of Ontario, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Director of Public Prosecutions and the Attorney General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted
2017-03-17	Correspondence received from, (Letter Form), Brigitte Raymond (by hand). Letter regarding a missing page in the respondent record. DISTRIBUTED 2017-03-21., (Electronic version filed on 2017-03-17)	Her Majesty the Queen
2017-03-16	Correspondence received from, (Letter Form), Mark Sandler. Response to the counter proposal for the planing of the hearing., (Electronic version filed on 2017-03-16)	Nour Marakah
2017-03-14	Notice of appearance, (Letter Form), (joint with 37194) Christine Lonsdale and Charlotte-Anne Malischewski will be appearing. Ms. Lonsdale will present oral argument.	Canadian Civil Liberties Association
2017-03-13	Notice of appearance, (Letter Form), (Included in the correspondence received from), (joint with 37194) Nick Devlin and Jennifer Conroy will be appearing. Mr. Devlin will present oral argument.	Director of Public Prosecutions
2017-03-13	Notice of appearance, (Letter Form), (joint with 37194) Randy Schwartz and Andrew Hotke will be appearing. Mr. Schwartz will present oral argument.	Her Majesty the Queen
2017-03-13	Notice of appearance, (Letter Form), (joint with 37194) Gerald Chan will be appearing and presenting oral argument.	British Columbia Civil Liberties Association
2017-03-13	Notice of appearance, (Letter Form), Maureen McGuire will be appearing and will present oral argument.	Attorney General of Alberta
2017-03-13	Correspondence received from, (Letter Form), (joint with 37194) François Lacasse (by email). Counter-proposal for the planning of the hearing., (Electronic version filed on 2017-03-13)	Director of Public Prosecutions
2017-03-02	Correspondence received from, (Letter Form), (joint with 37194) Randy Schwartz (by email). Letter regarding the speaking time., (Electronic version filed on 2017-03-02)	Her Majesty the Queen
2017-03-01	Notice of name, (Letter Form), (Electronic version filed on 2017-03-01)	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-03-01	Notice of name, (Letter Form), (Electronic version filed on 2017-03-01)	British Columbia Civil Liberties Association
2017-02-27	Correspondence received from, (Letter Form), François Lacasse (by letter). Letter regarding the factum of the intervener. (DISTRIBUTED ON 2017-03-14), (Electronic version filed on 2017-02-27)	Director of Public Prosecutions
2017-02-27	Notice of name, (Letter Form), (Electronic version filed on 2017-02-27)	Criminal Lawyers' Association of Ontario
2017-02-27	Intervener's factum, (Book Form), Completed on: 2017-02-27, (Electronic version filed on 2017-02-27)	Criminal Lawyers' Association of Ontario
2017-02-27	Intervener's factum, (Book Form), Electronic version missing (received on 2017-02-28). One copy missing (received 2017-03-03), Completed on: 2017-03-03	Canadian Civil Liberties Association
2017-02-27	Intervener's book of authorities, (Book Form), Electronic version missing (received 2017-03-01), Completed on: 2017-03-03	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-02-27	Intervener's factum, (Book Form), Eletronic version missing (received on 2017-03-01), Completed on: 2017-03-03	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2017-02-27	Intervener's factum, (Book Form), Completed on: 2017-02-27, (Electronic version filed on 2017-02-27)	Attorney General of Alberta
2017-02-27	Intervener's book of authorities, (Book Form), Completed on: 2017-02-27, (Electronic version filed on 2017-02-27)	British Columbia Civil Liberties Association
2017-02-27	Intervener's factum, (Book Form), Completed on: 2017-02-27, (Electronic version filed on 2017-02-27)	British Columbia Civil Liberties Association
2017-02-24	Intervener's book of authorities, (Book Form), Proof of service incomplete, Completed on: 2017-03-01, (Electronic version filed on 2017-02-24)	Attorney General of British Columbia
2017-02-24	Intervener's factum, (Book Form), Proof of service incomplete (received 2017-03-01), Completed on: 2017-03-01, (Electronic version filed on 2017-02-24)	Attorney General of British Columbia
2017-01-18	Appeal perfected for hearing
2017-01-09	Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-01-09)	Her Majesty the Queen
2017-01-09	Respondent's book of authorities, (Book Form), Completed on: 2017-01-09	Her Majesty the Queen
2017-01-09	Respondent's record, (Book Form), Completed on: 2017-01-09, (Electronic version filed on 2017-01-09)	Her Majesty the Queen
2017-01-09	Respondent's factum, (Book Form), Completed on: 2017-01-09, (Electronic version filed on 2017-01-09)	Her Majesty the Queen
2016-12-13	Order on motion for leave to intervene, by Justice Rowe
2016-12-13	Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Canadian Civil Liberties Association, the British Columbia Civil Liberties Association, the Criminal Lawyers’ Association of Ontario, the Samuelson-Gushko Canadian Internet Policy and Public Interest Clinic, the Director of Public Prosecutions, the Attorney General of Alberta and the Attorney General of British Columbia 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 the said seven (7) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before February 27, 2017. The decision with respect to the request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The appellant is permitted to serve and file a five (5) page factum in reply to this intervention on or before March 13, 2017. 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
2016-12-13	Submission of motion for leave to intervene, Row
2016-12-06	Correspondence received from, Counsel for the appellant, re: allocated time for oral submissions - letter dated December 6, 2016.	Nour Marakah
2016-11-30	Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-11-30, (Printed version filed on 2016-11-30)	Her Majesty the Queen
2016-11-29	Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-11-29	Nour Marakah
2016-11-28	Notice of hearing sent to parties
2016-11-23	Motion for leave to intervene, (Book Form), Completed on: 2016-11-23	Canadian Civil Liberties Association
2016-11-23	Certificate (on limitations to public access)	Canadian Civil Liberties Association
2016-11-23	Notice of name	Canadian Civil Liberties Association
2016-11-23	Motion for leave to intervene, (Letter Form), Completed on: 2016-11-23, (Electronic version filed on 2016-11-23)	Director of Public Prosecutions
2016-11-23	Motion for leave to intervene, (Book Form), Completed on: 2016-11-23	British Columbia Civil Liberties Association
2016-11-23	Motion for leave to intervene, (Book Form), Completed on: 2016-11-23, (Electronic version filed on 2016-11-23)	Attorney General of Alberta
2016-11-23	Motion for leave to intervene, (Book Form), Completed on: 2016-11-23	Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2016-11-22	Motion for leave to intervene, (Letter Form), Completed on: 2016-11-22	Criminal Lawyers' Association of Ontario
2016-11-22	Motion for leave to intervene, (Book Form), Completed on: 2016-11-22, (Electronic version filed on 2016-11-22)	Attorney General of British Columbia
2016-11-16	Appeal hearing scheduled, 2017-03-23 Judgment reserved
2016-11-03	Order on motion to extend time, by the Registrar
2016-11-03	Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file its Factum, Record, and Book of Authorities to October 26, 2016; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. Granted
2016-11-03	Submission of motion to extend time, Reg
2016-10-26	Certificate of counsel (attesting to record)	Nour Marakah
2016-10-26	Motion to extend time, (Letter Form), Completed on: 2016-10-26	Nour Marakah
2016-10-26	Appellant's book of authorities, (Book Form), Completed on: 2016-10-26	Nour Marakah
2016-10-26	Appellant's record, (Book Form), Completed on: 2016-10-26	Nour Marakah
2016-10-26	Appellant's factum, (Book Form), Completed on: 2016-10-26	Nour Marakah
2016-10-21	Correspondence received from, (Letter Form), the appellant; Appeal documents will be served with a motion for extension of time.	Nour Marakah
2016-08-09	Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2016-08-03	Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-29)	Nour Marakah
2016-07-29	Notice of appeal, (Letter Form), Completed on: 2016-07-29, (Electronic version filed on 2016-07-29)	Nour Marakah

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Marakah, Nour	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Her Majesty the Queen	Respondent	Active

Other parties

Other parties

Name	Role	Status
Director of Public Prosecutions	Intervener	Active
Attorney General of British Columbia	Intervener	Active
Attorney General of Alberta	Intervener	Active
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic	Intervener	Active
Criminal Lawyers' Association of Ontario	Intervener	Active
British Columbia Civil Liberties Association	Intervener	Active
Canadian Civil Liberties Association	Intervener	Active

Counsel

Summary

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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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.

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Webcasts

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