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.
37310
James Cody v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-06-23 | Appeal closed | |
| 2017-06-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-06-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-06-16 |
Judgment on the appeal rendered, Abe Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 201501H0003, 2016 NLCA 57, dated October 24, 2016, heard on April 25, 2017, is allowed and the order made by the trial judge for a stay of proceedings is restored. Allowed |
|
| 2017-06-15 | Correspondence received from, Karen Collins by email, re: counsel will not be attending the lock-up | Attorney General of Alberta |
| 2017-06-15 | Correspondence received from, Joan Bell by email, re: Megan Savard will not participate in the lock-up | Criminal Lawyers' Association of Ontario |
| 2017-06-13 | General proceeding, Completed Lock-up Form and completed undertaking for remote release of judgment (Tracy Kozlowski) | Attorney General of Ontario |
| 2017-06-13 | General proceeding, Completed Lock-up Form and completed undertaking for remote release of judgment (Stéphane Rochette) | Attorney General of Quebec |
| 2017-06-13 | General proceeding, Completed Lock-up Form and completed undertaking for remote release of judgment (Abdou Thiaw) | Attorney General of Quebec |
| 2017-06-12 | General proceeding, Completed Lock-up Form and completed undertaking for remote release of judgment (Vanita Goela) | Her Majesty the Queen |
| 2017-06-12 | General proceeding, Completed Lock-up Form and completed undertaking for remote release of judgment (Frank Addario) | James Cody |
| 2017-06-12 | General proceeding, Completed Lock-up Form (Don R. Beardall) | Her Majesty the Queen |
| 2017-06-12 | General proceeding, Completed Lock-up Form and completed undertaking for remote release of judgment (Croft Michaelson) | Her Majesty the Queen |
| 2017-06-12 | General proceeding, Completed Lock-up Form and completed undertaking for remote release of judgment (Nicolas Abran) | Director of Criminal and Penal Prosecutions |
| 2017-06-12 | General proceeding, Completed Lock-up Form | Attorney General of Manitoba |
| 2017-06-12 | General proceeding, Completed Lock-up Form and completed undertaking for remote release of judgment (Erin Breen) | James Cody |
| 2017-06-12 | General proceeding, Completed Lock-up Form (Michael Crystal) | James Cody |
| 2017-06-12 | Correspondence (sent by the Court) to, all parties by email and regular mail, re: the Court has decided to hold a media lock-up and a separate counsel lock-up | |
| 2017-06-02 | Correspondence received from, Nicolas Abran by email, re: wishes to participate remotely | Director of Criminal and Penal Prosecutions |
| 2017-06-01 | Correspondence received from, Nicolas Abran by email, re: will participate in the counsel lock-up, if any | Director of Criminal and Penal Prosecutions |
| 2017-06-01 | Correspondence received from, François Lacasse by email, re: no objections to potential media lock-up; requests counsel lock-up; requests that counsel of record be provided the judgment remotely | Her Majesty the Queen |
| 2017-05-31 | Correspondence received from, Tracy Kozlowski by email, re: content to receive the decision remotely | Attorney General of Ontario |
| 2017-05-31 | Correspondence received from, Pierre Landry by email, re: wishes to participate remotely in a counsel lock-up | Attorney General of Quebec |
| 2017-05-30 | Correspondence received from, Erin Breen by email, re: wishes to participate remotely | James Cody |
| 2017-05-30 | Correspondence received from, Michael Crystal by email, re: wishes to be in attendance | James Cody |
| 2017-05-30 | Correspondence (sent by the Court) to, the appellant and respondent 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. | |
| 2017-05-09 | Transcript received, 104 pages | |
| 2017-04-25 | Judgment reserved OR rendered with reasons to follow | |
| 2017-04-25 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Director of Criminal and Penal Prosecutions |
| 2017-04-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2017-04-25 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | James Cody |
| 2017-04-25 |
Hearing of the appeal, 2017-04-25, Abe Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2017-04-19 | Notice of appearance, Abdou Thiaw and Stéphane Rochette will be present at the hearing. | Attorney General of Quebec |
| 2017-04-19 | Notice of appearance, Tracy Kozlowski will be present at the hearing. | Attorney General of Ontario |
| 2017-04-18 | Correspondence received from, 4 reserved seats requested | Her Majesty the Queen |
| 2017-04-13 | Media lock-up requested or proposed | |
| 2017-04-12 | Intervener's book of authorities, (Book Form), 2 copies, Completed on: 2017-04-12 | Criminal Lawyers' Association of Ontario |
| 2017-04-12 | Intervener's factum, (Book Form), Completed on: 2017-04-12 | Criminal Lawyers' Association of Ontario |
| 2017-04-12 | Intervener's book of authorities, (Book Form), 11 copies, Completed on: 2017-04-12 | Attorney General of Alberta |
| 2017-04-12 | Intervener's factum, (Book Form), Completed on: 2017-04-12 | Attorney General of Alberta |
| 2017-04-12 | Certificate (on limitations to public access) | Attorney General of British Columbia |
| 2017-04-12 | Intervener's book of authorities, (Book Form), 2 copies, Completed on: 2017-04-12 | Attorney General of British Columbia |
| 2017-04-12 | Intervener's factum, (Book Form), Completed on: 2017-04-12 | Attorney General of British Columbia |
| 2017-04-12 | Intervener's book of authorities, (Book Form), 11 copies, Completed on: 2017-04-12 | Attorney General of Manitoba |
| 2017-04-12 | Intervener's factum, (Book Form), Completed on: 2017-04-12 | Attorney General of Manitoba |
| 2017-04-12 | Intervener's book of authorities, (Book Form), 2 copies, Completed on: 2017-04-12 | Director of Criminal and Penal Prosecutions |
| 2017-04-12 | Intervener's factum, (Book Form), Completed on: 2017-04-12 | Director of Criminal and Penal Prosecutions |
| 2017-04-11 | Intervener's factum, (Book Form), Completed on: 2017-04-11 | Attorney General of Quebec |
| 2017-04-11 | Notice of appearance, AMENDED- Michael Crystal and Frank Addario will be present at the hearing. | James Cody |
| 2017-04-11 | Notice of appearance, Megan Savard will be present at the hearing. | Criminal Lawyers' Association of Ontario |
| 2017-04-11 | Notice of change of counsel, Megan Savard replaces Frank Addario as counsel of record. | Criminal Lawyers' Association of Ontario |
| 2017-04-10 | Certificate (on limitations to public access) | Attorney General of Ontario |
| 2017-04-10 | Intervener's book of authorities, (Book Form), 2 copies, Completed on: 2017-04-10 | Attorney General of Ontario |
| 2017-04-10 | Intervener's factum, (Book Form), Completed on: 2017-04-10 | Attorney General of Ontario |
| 2017-04-07 | Correspondence received from, Michael Crystal dated 2017-04-07. Re: Requesting additional time at the hearing | James Cody |
| 2017-04-06 | Notice of appearance, David Labrenz will be present at the hearing. | Attorney General of Alberta |
| 2017-04-06 | Notice of appearance, Croft Michaelson and Vanita Goela will be present at the hearing. | Her Majesty the Queen |
| 2017-04-05 | Notice of appearance, Trevor Shaw will be present at the hearing. | Attorney General of British Columbia |
| 2017-04-05 | Notice of appearance, Ami Kotler will be present at the hearing. | Attorney General of Manitoba |
| 2017-04-04 | Notice of appearance, Michael Crystal will be present at the hearing. | James Cody |
| 2017-03-30 | Notice of appearance, Nicolas Abran and Daniel Royer will be present at the hearing. | Director of Criminal and Penal Prosecutions |
| 2017-03-29 | Notice of name, (Letter Form), (Electronic version filed on 2017-03-29) | Attorney General of Quebec |
| 2017-03-15 | Correspondence received from, Intervener AG QC & Minister of Justice of QC, re: email letter requesting to refer to the party as Attorney of General Québec (only), considering that they are the one in the same. | Attorney General of Quebec |
| 2017-03-13 | Correspondence received from, Pierre Landry dated 2017-03-13. Re: Change of counsel | Attorney General of Quebec |
| 2017-03-13 | Appeal perfected for hearing | |
| 2017-03-10 | Correspondence received from, (Letter Form), Trevor Shaw (by fax). Trevor Shaw will act as counsel for the intervener. | Attorney General of British Columbia |
| 2017-03-08 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2017-03-08 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2017-03-08 | Respondent's record, (Book Form), (5 volumes), 2 copies, Completed on: 2017-03-08 | Her Majesty the Queen |
| 2017-03-08 | Respondent's factum, (Book Form), Completed on: 2017-03-08 | Her Majesty the Queen |
| 2017-03-07 | Order on motion for leave to intervene, by MR. JUSTICE WAGNER | |
| 2017-03-07 |
Decision on the motion for leave to intervene, Wa, UPON APPLICATION by the Attorney General of Ontario, the Attorney General of Québec and the Minister of Justice of Quebec (jointly), the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Alberta, the Director of Criminal and Penal Prosecutions and the Criminal Lawyers’ Association of 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 the said seven (7) interveners or group of interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before April 12, 2017. The said interveners or group of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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 |
|
| 2017-03-07 | Submission of motion for leave to intervene, Wa | |
| 2017-03-07 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-07, (Electronic version filed on 2017-03-07) | Criminal Lawyers' Association of Ontario |
| 2017-03-02 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-02, (Printed version filed on 2017-03-03) | Her Majesty the Queen |
| 2017-03-01 | Response to the motion for leave to intervene, (Letter Form), Response to AG of BC, Quebec and Manitoba, Completed on: 2017-03-01 | James Cody |
| 2017-02-22 | Notice of hearing sent to parties | |
| 2017-02-21 | Motion for leave to intervene, (Book Form), Completed on: 2017-02-21 | Attorney General of Manitoba |
| 2017-02-21 |
Appeal hearing scheduled, 2017-04-25, (Previously scheduled for April 27, 2017) Judgment reserved |
|
| 2017-02-20 | Motion for leave to intervene, (Letter Form), (joint with Minister of Justice of Quebec), Completed on: 2017-02-20, (Electronic version filed on 2017-02-20) | Attorney General of Quebec |
| 2017-02-17 | Motion for leave to intervene, (Book Form), Completed on: 2017-02-17 | Attorney General of British Columbia |
| 2017-02-17 | Notice of name | Criminal Lawyers' Association of Ontario |
| 2017-02-17 | Motion for leave to intervene, (Book Form), Completed on: 2017-02-17 | Criminal Lawyers' Association of Ontario |
| 2017-02-17 | Correspondence (sent by the Court) to, all parties by mail, re: new tentative hearing date. | |
| 2017-02-16 | Certificate (on limitations to public access) | James Cody |
| 2017-02-16 | Certificate of counsel (attesting to record) | James Cody |
| 2017-02-16 | Supplemental document, Supplmentary record, Completed on: 2017-02-16 | James Cody |
| 2017-02-16 | Notice of name | Director of Criminal and Penal Prosecutions |
| 2017-02-16 | Motion for leave to intervene, (Book Form), Completed on: 2017-02-16 | Director of Criminal and Penal Prosecutions |
| 2017-02-06 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-02-06 | Her Majesty the Queen |
| 2017-02-02 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-02-02 | James Cody |
| 2017-02-01 | Motion for leave to intervene, (Letter Form), Completed on: 2017-02-01 | Attorney General of Alberta |
| 2017-01-23 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-01-25 | Her Majesty the Queen |
| 2017-01-23 | Certificate of counsel (attesting to record) | James Cody |
| 2017-01-23 | Certificate (on limitations to public access) | James Cody |
| 2017-01-23 | Appellant's book of authorities, (Book Form), Completed on: 2017-01-23 | James Cody |
| 2017-01-23 | Appellant's record, (Book Form), Completed on: 2017-01-23 | James Cody |
| 2017-01-23 | Appellant's factum, (Book Form), Completed on: 2017-01-23 | James Cody |
| 2017-01-12 | Motion for leave to intervene, (Letter Form), Completed on: 2017-01-12, (Electronic version filed on 2017-01-12) | Attorney General of Ontario |
| 2017-01-04 | Order on motion to extend time, by Justice Brown | |
| 2017-01-04 |
Decision on motion to extend time, Br, UPON APPLICATION by the appellant for an order extending the time to serve and file its amended notice of appeal as of right to December 21, 2016; AND THE MATERIAL FILED having been read; AND NOTING THAT the respondent consents to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2017-01-04 | Submission of motion to extend time, Br | |
| 2016-12-21 | Correspondence received from, Heather Cross dated 2016-12-21. Re: Filing of an amended notice | James Cody |
| 2016-12-21 | Motion to extend time, (Letter Form), To file and serve the amended notice (with consent), Completed on: 2016-12-21 | James Cody |
| 2016-12-21 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2016-12-12 | Correspondence received from, François Lacasse dated 2016-12-12. Re: Notice of appeal | Her Majesty the Queen |
| 2016-11-24 | Letter acknowledging receipt of a notice of appeal | |
| 2016-11-23 | Certificate (on limitations to public access) | James Cody |
| 2016-11-23 | Notice of appeal, Amended notice filed on 2016-12-21, Completed on: 2016-11-23 | James Cody |
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 |
|---|---|---|
| Cody, James | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Director of Criminal and Penal Prosecutions | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Cody, James
Counsel
Erin Breen
Michael Crystal
Frank Addario
Michael Crystal
Frank Addario
Sullivan Breen King Defence
Suite 300, Haymarket Square
223-233 Duckworth Street
St. John's, Newfoundland & Labrador
A1C 6N1
Telephone: (709) 739-4141
FAX: (709) 739-4145
Email: ebreen@sbkdefence.com
Suite 300, Haymarket Square
223-233 Duckworth Street
St. John's, Newfoundland & Labrador
A1C 6N1
Telephone: (709) 739-4141
FAX: (709) 739-4145
Email: ebreen@sbkdefence.com
Agent
Heather Cross
Spiteri & Ursulak LLP
1010 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 563-1010
FAX: (613) 563-1011
1010 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 563-1010
FAX: (613) 563-1011
Party: Her Majesty the Queen
Counsel
Croft Michaelson, Q.C.
Vanita Goela
Vanita Goela
Public Prosecution Service of Canada
P.O. Box 36, Exchange Tower
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-7261
FAX: (416) 973-8253
Email: croft.michaelson@ppsc-sppc.gc.ca
P.O. Box 36, Exchange Tower
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-7261
FAX: (416) 973-8253
Email: croft.michaelson@ppsc-sppc.gc.ca
Agent
François Lacasse
Director of Public Prosecutions of Canada
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
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: Attorney General of Ontario
Counsel
Tracy Kozlowski
Howard Leibovich
Howard Leibovich
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: tracy.kozlowski@ontario.ca
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: tracy.kozlowski@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: Attorney General of Alberta
Counsel
David A. Labrenz, Q.C.
Justice and Solicitor General
3rd Floor, Centrium Place
300, 322 - 6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: david.labrenz@gov.ab.ca
3rd Floor, Centrium Place
300, 322 - 6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: david.labrenz@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: Director of Criminal and Penal Prosecutions
Counsel
Nicolas Abran
Daniel Royer
Daniel Royer
Directeur des poursuites criminelles et pénales du Québec
2828, boulevard Laurier, Tour 1
Bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20934
FAX: (418) 644-3428
Email: nicolas.abran@dpcp.gouv.qc.ca
2828, boulevard Laurier, Tour 1
Bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20934
FAX: (418) 644-3428
Email: nicolas.abran@dpcp.gouv.qc.ca
Agent
Emily K. Moreau
Directeur des poursuites criminelles et pénales du Québec
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.gouv.qc.ca
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.gouv.qc.ca
Party: Criminal Lawyers' Association of Ontario
Counsel
Megan Savard
Addario Law Group
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 979-6446
FAX: (866) 714-1196
Email: msavard@addario.ca
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 979-6446
FAX: (866) 714-1196
Email: msavard@addario.ca
Agent
Colleen Bauman
Goldblatt Partners LLP
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Attorney General of British Columbia
Counsel
Trevor Shaw
Attorney General of British Columbia
865 Hornby Street
6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-4085
FAX: (604) 660-3433
Email: trevor.shaw@gov.bc.ca
865 Hornby Street
6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-4085
FAX: (604) 660-3433
Email: trevor.shaw@gov.bc.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: Attorney General of Manitoba
Counsel
Amiram Kotler
Attorney General of Manitoba
510 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0833
FAX: (204) 945-1260
Email: ami.kotler@gov.mb.ca
510 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0833
FAX: (204) 945-1260
Email: ami.kotler@gov.mb.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 Quebec
Counsel
Abdou Thiaw
Stéphane Rochette
Stéphane Rochette
Attorney General of Quebec
1200, Route de l'Église, 2ième étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21369
FAX: (418) 644-7030
Email: abdou.thiaw@justice.gouv.qc.ca
1200, Route de l'Église, 2ième étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21369
FAX: (418) 644-7030
Email: abdou.thiaw@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
Charter of rights - Criminal law - Right to be tried within reasonable time - Delay between time appellant charged and anticipated end of trial was 60 months and 21 days - Whether majority of Court of Appeal erred in attributing certain periods of delay to conduct of defence - Whether majority of Court of Appeal erred in labelling certain period of delay as “exceptional circumstances” and others as “transitional exceptional circumstances” as per R. v. Jordan, 2016 SCC 27 - Canadian Charter of Rights and Freedoms, s. 11(b).
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.
The appellant was charged with trafficking marijuana and cocaine, possession of a prohibited weapon and breach of probation, but the charges were stayed by the trial judge on the basis of unreasonable delay. Sixty months and twenty-one days had elapsed between the time the charges were laid and the anticipated end of the appellant’s trial. The Crown appealed. Applying the recent decision of R. v. Jordan, a majority of the Court of Appeal allowed the appeal and remitted the matter for trial. White J.A., dissenting, would have dismissed the appeal.
Lower court rulings
April 25, 2014
Supreme Court of Newfoundland & Labrador, Trial Division
201101G3741, 2014 NLTD(G) 52
Supreme Court of Newfoundland & Labrador, Trial Division
201101G3741, 2014 NLTD(G) 52
Charges stayed
October 24, 2016
Supreme Court of Newfoundland and Labrador - Court of Appeal
201501H0003, 2016 NLCA 57
Supreme Court of Newfoundland and Labrador - Court of Appeal
201501H0003, 2016 NLCA 57
Appeal allowed; matter remitted for trial
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.
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Date modified: 2025-02-27