Case information
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37782
Garrett Eckstein v. Her Majesty the Queen
(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) |
|---|---|---|
| 2018-12-20 | Appeal closed | |
| 2018-12-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-12-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-12-14 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C60478, 2017 ONCA 552, dated June 30, 2017, heard on April 17, 2018, is allowed. Section 737 of the Criminal Code, R.S.C. 1985, c. C-46, infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982. Côté and Rowe JJ. dissent. Allowed |
|
| 2018-05-02 | Transcript received, (2 volumes), Joint with 37427, 37774 and 37783; Day 1-131 pages - Day 2-111 pages | |
| 2018-04-18 | Judgment reserved OR rendered with reasons to follow | |
| 2018-04-17 |
Hearing of the appeal, 2018-04-17, and 4/18/2018, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-04-17 | Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) (Joint with 37774, 37783) | Her Majesty the Queen |
| 2018-04-17 | Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies) | Garrett Eckstein |
| 2018-04-13 | Order on motion to strike out, (BY JUSTICE ROWE) | |
| 2018-04-13 |
Decision on motion to strike out, Row, UPON APPLICATION by the Attorney General of Ontario for an order striking paragraphs 39-45 of the factum filed by the Colour of Poverty - Colour of Change and the Income Security Advocacy Centre (the Coalition), and striking paragraphs 31-33 of the factum filed by the Yukon Legal Services Society; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2018-04-13 | Submission of motion to strike out, Row | |
| 2018-04-13 | Notice of appearance, (Letter Form), James Foord and Brandon Crawford will be appearing. Mr. Foord will present oral argument. | Garrett Eckstein |
| 2018-04-11 |
Motion to strike out, (Letter Form), Request - Motion to Strike Intervener Facta , Completed on: 2018-04-11 |
Her Majesty the Queen |
| 2018-04-11 |
Correspondence received from, (Letter Form), Ms. Jackie Esmonde, re: Response to Motion to Stike. |
Colour of Poverty - Colour of Change |
| 2018-04-11 | Correspondence received from, (Letter Form), Mr. James Foord, re: does not oppose motion to strike. | Garrett Eckstein |
| 2018-04-06 | Correspondence received from, (Letter Form), James Ford (by email) Request 4 reserved seats | Garrett Eckstein |
| 2018-04-05 | Correspondence received from, (Letter Form), All appellants - Joint with 37427, 37774, 37782 and 37783; Proposed speaking order of appellants. | Garrett Eckstein |
| 2018-04-03 | Intervener's factum, (Book Form), (Joint with 37427, 37774 and 37783), Completed on: 2018-04-03 | Colour of Poverty - Colour of Change |
| 2018-04-03 | Intervener's book of authorities, (Book Form), (Joint with 37427, 37774 and 37783), Completed on: 2018-04-03 | Canadian Civil Liberties Association |
| 2018-04-03 | Intervener's factum, (Book Form), (Joint with 37427, 37774 and 37783), Completed on: 2018-04-03 | Canadian Civil Liberties Association |
| 2018-03-29 | Notice of appearance, (Letter Form), Christopher Bredt, Pierre Gemson and Alannah Fotheringham will be appearing. Mr. Bredt will presetn oral argument. (Joint with 37427, 37774, 37783) | Canadian Civil Liberties Association |
| 2018-03-29 | Notice of appearance, (Letter Form), Michael Perlin and Philippe Cowle will be appearing. Mr. Perlin will present oral argument. (joint with 37774, 37783) | Her Majesty the Queen |
| 2018-03-27 | Notice of appearance, (Letter Form), Jackie Esmonde, Daniel Rhode and Marie Chen will be appearing. Ms. Esmonde will present oral argument. (Joint with 37427, 37774, 37783) | Colour of Poverty - Colour of Change |
| 2018-03-27 | Correspondence received from, (Letter Form), All the respondents; Joint in 37427, 37774, 37782 and 37783; Proposed speaking order of respondents | Her Majesty the Queen |
| 2018-03-19 | Appeal perfected for hearing | |
| 2018-03-12 | Notice of hearing sent to parties | |
| 2018-03-12 | Appeal hearing scheduled, 2018-04-18, Day 2 (FOR WEBCASTING PURPOSES ONLY) | |
| 2018-03-12 |
Appeal hearing scheduled, 2018-04-17, Day 1 DUE DATES FOR SERVING AND FILING DOCUMENTS: Notice of appeal on or before December 4, 2017; Notice of constitutional question on or before December 4, 2017; Notice of intervention respecting constitutional question on or before January 19, 2018; Appellant’s record, factum and book of authorities, if any, on or before January 22, 2018; Motion for leave to intervene on or before February 12, 2018; Responses to the motions for leave to intervene on or before February 19, 2018; Replies to any responses to the motions for leave to intervene on or before February 22, 2018; Respondent’s record, factum and book of authorities, if any, on or before March 12, 2018; Intervener's factum and book of authorities, if any, on or before April 3, 2018 (Interveners on leave and with respect to constitutional question). Judgment reserved |
|
| 2018-03-08 | Certificate (on limitations to public access), (Letter Form), Joint with 37774 and 37783 | Her Majesty the Queen |
| 2018-03-08 | Respondent's book of authorities, (Book Form), Joint with 37774 and 37783, Completed on: 2018-03-08 | Her Majesty the Queen |
| 2018-03-08 | Respondent's factum, (Book Form), Joint with 37774 and 37783, Completed on: 2018-03-08 | Her Majesty the Queen |
| 2018-03-07 | Order on motion for leave to intervene, (BY JUSTICE ROWE) | |
| 2018-03-07 |
Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) and the Canadian Civil Liberties Association for leave to intervene in the appeals Edward Tinker, et al. v. Her Majesty the Queen (37774), Garrett Eckstein v. Her Majesty the Queen (37782) and Daniel Larocque v. Her Majesty the Queen, et al. (37783); AND UPON APPLICATION by the Aboriginal Legal Services, the Yukon Legal Services Society and the Criminal Lawyers’ Association of Ontario for leave to intervene in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774); AND HAVING TAKEN NOTE OF THE ORDERS by Justice Abella dated November 2, 2017 and November 9, 2017 in the appeal Boudreault v. Her Majesty the Queen, et al. (37427) granting leave to intervene to the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) the British Columbia Civil Liberties Association, the Aboriginal Legal Services, the Canadian Civil Liberties Association, the Pivot Legal Society, the Yukon Legal Services Society; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted. Given that the Canadian Civil Liberties Association, the Colour of Poverty – Colour of Change and the Income Security Advocacy Centre (jointly), the Aboriginal Legal Services Society and the Yukon Legal Services have each previously filed a factum in the appeal Alex Boudreault v. Her Majesty the Queen, et al. (37427), the said four (4) interveners shall be entitled to each serve and file a single revised factum common to all appeals not to exceed twelve (12) pages in length on or before April 3, 2018. The Criminal Lawyers’ Association of Ontario shall be entitled to serve and file a factum not to exceed ten (10) pages in length, on or before April 3, 2018, in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774). The said (5) five interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. 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 them by the interventions. Granted |
|
| 2018-03-07 | Submission of motion for leave to intervene, Row | |
| 2018-02-22 | Reply to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37783, Completed on: 2018-02-22 | Colour of Poverty - Colour of Change |
| 2018-02-22 | Reply to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37783, Completed on: 2018-02-22 | Canadian Civil Liberties Association |
| 2018-02-16 | Response to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37783, Completed on: 2018-02-16 | Her Majesty the Queen |
| 2018-02-12 | Notice of name, (Letter Form) | Canadian Civil Liberties Association |
| 2018-02-12 | Motion for leave to intervene, (Book Form), Joint with 37774 and 37783, Completed on: 2018-02-12 | Canadian Civil Liberties Association |
| 2018-02-07 | Notice of name, (Letter Form) | Colour of Poverty - Colour of Change |
| 2018-02-07 | Motion for leave to intervene, (Letter Form), Joint with 37774 and 37783, Completed on: 2018-02-07 | Colour of Poverty - Colour of Change |
| 2018-01-25 | Certificate of counsel (attesting to record), (Letter Form) | Garrett Eckstein |
| 2018-01-22 | Appellant's record, (Book Form), (2 volumes), Certificate of Counsel required-rec'd 2018/01/25, Completed on: 2018-01-25 | Garrett Eckstein |
| 2018-01-22 | Appellant's factum, (Book Form), Amended covers required-rec'd 2018/01/25, Completed on: 2018-01-22 | Garrett Eckstein |
| 2017-12-12 | Intervener's book of authorities, (Book Form), (Joint with 377427, 37774 and 37783), Completed on: 2017-12-12 | Colour of Poverty - Colour of Change |
| 2017-12-04 | Notice of constitutional question(s), (served on Dec.4/2017 - by email), Completed on: 2017-12-04 | Garrett Eckstein |
| 2017-12-04 | Notice of appeal, (Letter Form), Completed on: 2017-12-04 | Garrett Eckstein |
| 2017-11-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-11-24 | Judgment on leave sent to the parties | |
| 2017-11-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-11-23 |
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 for Ontario, Number C60478, 2017 ONCA 552, dated June 30, 2017, is granted without costs. The appeal will be heard with Alex Boudreault v. Her Majesty the Queen, et al. (37427), Edward Tinker, et al. v. Her Majesty the Queen (37774) and Daniel Larocque v. Her Majesty the Queen, et al. (37783). The schedule for serving and filing materials will be set by the Registrar. The appellant is required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada. Granted, without costs |
|
| 2017-10-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-10-19 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-10-19 | Garrett Eckstein |
| 2017-10-11 | Respondent's response on the application for leave to appeal, (Letter Form), (joint with 37774 and 37783) Printed version filed on 2017-10-12., Completed on: 2017-10-11 | Her Majesty the Queen |
| 2017-10-04 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017-10-04 | |
| 2017-09-29 | Certificate (on limitations to public access), (Letter Form), 23-A | Garrett Eckstein |
| 2017-09-29 | Notice of name, (Letter Form) | Garrett Eckstein |
| 2017-09-29 | Application for leave to appeal, (Book Form), Amended Notice Received 2017-10-06; Trial Court Order-rec'd 2017/10/23; CA Order-rec'd 2017/10/17, Completed on: 2017-10-27 | Garrett Eckstein |
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 |
|---|---|---|
| Eckstein, Garrett | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Colour of Poverty - Colour of Change | Intervener | Active |
| Income Security Advocacy Centre | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Eckstein, Garrett
Counsel
Brandon Crawford
Suite 4 - 200 Cooper Street
Ottawa, Ontario
K2P 0G1
Telephone: (613) 564-0006
FAX: (613) 564-0400
Email: jfoord@foordlaw.ca
Party: Her Majesty the Queen
Counsel
Philippe Cowle
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.perlin@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Colour of Poverty - Colour of Change
Counsel
Daniel Rohde
Awy Yao Yao Go
Shalini Konanur
Marie Chen
1500-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 597-5820 Ext: 5153
FAX: (416) 597-5821
Email: esmondja@lao.on.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: Income Security Advocacy Centre
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Civil Liberties Association
Counsel
Pierre N. Gemson
Alannah M. Fotheringham
22 Adelaide Street West Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6165
FAX: (416) 367-6749
Email: cbredt@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Charter of Rights and Freedoms - Constitutional law - Criminal law - Sentencing - Victim surcharge - Cruel and unusual treatment or punishment - Accused ordered to pay surcharge under s. 737 of Criminal Code - Constitutionality of s. 737 Cr. C. - Whether victim surcharge contained in s. 737 of the Criminal Code constitutes cruel and unusual punishment in violation of s. 12 of the Charter in a manner not saved by s. 1 - Whether any violation can be remedied under s. 52 of the Constitution Act, 1982 by reading-in judicial discretion to waive the surcharge where imposing it would violate the offender’s s. 12 of Charter rights - Canadian Charter of Rights and Freedoms, s. 12 - Criminal Code, R.S.C. 1985, c. C 46, s. 737.
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.
Garrett Eckstein pleaded guilty to the indictable offences of robbery, conspiracy to commit robbery and breach of probation. The sentencing judge imposed a sentence of 8 months’ incarceration less pre-trial custody. Mr. Eckstein also faced a mandatory victim surcharge under s. 737 of the Criminal Code, of $600. The sentencing judge gave Mr. Eckstein 12 months to pay the surcharge.
Mr. Eckstein brought an application challenging the constitutional validity of s. 737, arguing that the imposition of a mandatory victim surcharge violated s. 12 of the Charter. Mr. Eckstein’s application was dismissed by a judge of the Ontario Court of Justice, who found that s. 737 did not violate s. 12 of the Charter. Mr. Eckstein’s appeal was dismissed by the Ontario Court of Appeal.
Lower court rulings
Ontario Court of Justice
15-R1859, 15-A9158, 2015 ONCJ 222
Surcharge imposed
Court of Appeal for Ontario
C60478, 2017 ONCA 552
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.
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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