Case information
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38004
Her Majesty the Queen v. Albert Penunsi
(Newfoundland & Labrador) (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) |
|---|---|---|
| 2019-07-10 | Appeal closed | |
| 2019-07-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-07-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-07-05 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 201501H0083, 2018 NLCA 4, dated January 18, 2018, heard on February 21, 2019, is allowed and the order of the Court of Appeal is quashed. Allowed |
|
| 2019-03-08 | Transcript received, 112 pages | |
| 2019-02-21 | Judgment reserved OR rendered with reasons to follow | |
| 2019-02-21 |
Hearing of the appeal, 2019-02-21, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2019-02-21 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Albert Penunsi |
| 2019-02-21 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2019-02-20 | Correspondence received from, 1 reserved seat requested. | Director of Public Prosecutions |
| 2019-02-11 | Intervener's factum, (Book Form), Completed on: 2019-02-11 | Yukon Legal Services Society |
| 2019-02-11 | Intervener's factum, (Book Form), Completed on: 2019-02-11 | Canadian Association for Progress in Justice |
| 2019-02-11 | Intervener's book of authorities, (Book Form), Completed on: 2019-02-11 | Director of Public Prosecutions |
| 2019-02-11 | Intervener's factum, (Book Form), Completed on: 2019-02-11 | Director of Public Prosecutions |
| 2019-02-11 | Intervener's book of authorities, (Book Form), Completed on: 2019-02-11 | Attorney General of Ontario |
| 2019-02-11 | Intervener's factum, (Book Form), Completed on: 2019-02-11 | Attorney General of Ontario |
| 2019-02-11 | Notice of appearance, (Letter Form), Scott Bergman will appear before the court and will present oral arguments. | Canadian Civil Liberties Association |
| 2019-02-11 | Intervener's factum, (Book Form), Completed on: 2019-02-11 | Canadian Civil Liberties Association |
| 2019-02-11 |
Notice of appearance, (Letter Form), Vincent Larochelle and Gregory Johansson will appear before the court. Mr. Larochelle will present oral arguments. |
Yukon Legal Services Society |
| 2019-02-07 |
Notice of appearance, (Letter Form), Sean Moreman and Farid Muttalib will appear before the court. Mr. Moreman will present oral arguments. |
Canadian Broadcasting Corporation |
| 2019-02-07 | Intervener's factum, (Book Form), Completed on: 2019-02-07 | Canadian Broadcasting Corporation |
| 2019-02-07 | Notice of appearance, (Letter Form), Ryan D.W. Dalziel and Joseph J. Saulnier will appear before the court. Mr. Dalziel will present oral arguments. | Canadian Association for Progress in Justice |
| 2019-02-07 | Notice of appearance, (Letter Form), David W. Schermbrucker and Elaine Reid will appear before the court. Mr. Schermbrucker will present oral arguments. | Director of Public Prosecutions |
| 2019-02-07 |
Notice of appearance, (Letter Form), Jessica Tellez will appear before the court and will present oral arguments. |
Albert Penunsi |
| 2019-02-06 |
Notice of appearance, (Letter Form), Lisa M. Stead will appear before the court and will present oral arguments. |
Her Majesty the Queen |
| 2019-02-06 | Appeal perfected for hearing | |
| 2019-01-29 | Correspondence received from, (Letter Form), 9 reserved seats requested. | Albert Penunsi |
| 2019-01-28 | Respondent's book of authorities, (Book Form), Completed on: 2019-01-28 | Albert Penunsi |
| 2019-01-28 | Certificate (on limitations to public access), (Letter Form) | Albert Penunsi |
| 2019-01-28 | Respondent's factum, (Book Form), Completed on: 2019-01-28 | Albert Penunsi |
| 2019-01-23 | Order on motion for leave to intervene, by KARAKATSANIS J. | |
| 2019-01-23 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Director of Public Prosecutions, the Attorney General of Ontario, the Yukon Legal Services Society, the Canadian Civil Liberties Association, the Canadian Broadcasting Corporation and the Canadian Association for Progress in Justice 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 six (6) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before February 11, 2019. The Director of Public Prosecutions, the Yukon Legal Services Society, the Canadian Civil Liberties Association, the Canadian Broadcasting Corporation and the Canadian Association for Progress in Justice are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The Court will consider the written submissions of the Attorney General of Ontario as set out in their factum without the need for oral argument. 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 resulting from their interventions. Granted |
|
| 2019-01-23 | Submission of motion for leave to intervene, Ka | |
| 2019-01-14 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-14 | Her Majesty the Queen |
| 2019-01-14 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-01-14 | Albert Penunsi |
| 2019-01-07 | Notice of name, (Letter Form) | Canadian Association for Progress in Justice |
| 2019-01-07 | Motion for leave to intervene, (Book Form), Completed on: 2019-01-07 | Canadian Association for Progress in Justice |
| 2019-01-07 | Motion for leave to intervene, (Book Form), Completed on: 2019-01-07 | Canadian Broadcasting Corporation |
| 2019-01-07 | Notice of name, (Letter Form) | Canadian Civil Liberties Association |
| 2019-01-07 | Motion for leave to intervene, (Book Form), Completed on: 2019-01-07 | Canadian Civil Liberties Association |
| 2019-01-07 | Certificate (on limitations to public access), (Letter Form), Form 23A | Yukon Legal Services Society |
| 2019-01-07 | Notice of name, (Letter Form) | Yukon Legal Services Society |
| 2019-01-07 | Motion for leave to intervene, (Book Form), Completed on: 2019-01-07 | Yukon Legal Services Society |
| 2019-01-03 | Motion for leave to intervene, (Book Form), Completed on: 2019-01-03 | Attorney General of Ontario |
| 2018-12-20 | Motion for leave to intervene, (Letter Form), MISSING: Notice of name (Standing Notice of name received 2019-01-03), Completed on: 2019-01-08 | Director of Public Prosecutions |
| 2018-12-11 | Correspondence received from, Ms Major, agent for the Respondent. | Albert Penunsi |
| 2018-12-07 | Notice of hearing sent to parties | |
| 2018-12-06 |
Appeal hearing scheduled, 2019-02-21, The schedule for serving and filing the material is set as follows: The notice of appeal shall be served and filed on or before October 9, 2018. The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before December 4, 2018. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before January 7, 2019. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before January 14, 2019. Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 17, 2019. Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before February 11, 2019. The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before January 29, 2019. Judgment reserved |
|
| 2018-12-04 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2018-12-04 | Appellant's record, (Book Form), (2 volumes), Completed on: 2018-12-04 | Her Majesty the Queen |
| 2018-12-04 | Appellant's factum, (Book Form), Completed on: 2018-12-04 | Her Majesty the Queen |
| 2018-10-02 | Notice of appeal, Completed on: 2018-10-02 | Her Majesty the Queen |
| 2018-09-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2018-09-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-09-07 | Judgment on leave sent to the parties | |
| 2018-09-06 |
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 Newfoundland and Labrador, Number 201501H0083, 2018 NLCA 4, dated January 19, 2018, is granted. The schedule for serving and filing materials will be set by the Registrar. Granted |
|
| 2018-08-07 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response., Completed on: 2018-08-07 | Albert Penunsi |
| 2018-08-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-03-16 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018-03-16 | |
| 2018-03-14 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2018-03-14 | Application for leave to appeal, (Book Form), filing fee missing (Received on March 20, 2018), Completed on: 2018-03-20 | Her Majesty the Queen |
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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Penunsi, Albert | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Yukon Legal Services Society | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Canadian Broadcasting Corporation | Intervener | Active |
| Canadian Association for Progress in Justice | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
4th Floor, Atlantic Place
215 Water Street
St. John's, Newfoundland & Labrador
A1C 6C9
Telephone: (709) 729-4299
FAX: (709) 729-1135
Email: lisastead@gov.nl.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com
Party: Penunsi, Albert
Counsel
19 Burnwood Drive
Happy Valley-Goose Bay, Newfoundland & Labrador
A0P 1E0
Telephone: (709) 896-5323
FAX: (709) 896-4444
Email: jessicatellez@legalaid.nl.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: Director of Public Prosecutions
Counsel
Elaine Reid
Suite 1400, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-2285
FAX: (902) 426-1351
Email: David.Schermbrucker@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: Attorney General of Ontario
Counsel
Stacey D. Young
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 327-8216
FAX: (416) 326-4656
Email: greg.tweney@ontario.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Yukon Legal Services Society
Counsel
Greg Johannson
2131, Second Avenue
Suite 203
Whitehorse, Yukon Territory
Y1A 1C3
Telephone: (867) 667-7275
FAX: (867) 667-4449
Email: vlarochelle@legalaid.yk.ca
Agent
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: Canadian Civil Liberties Association
Counsel
1900-439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-1716
FAX: (416) 408-2372
Email: sbergman@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: Canadian Broadcasting Corporation
Counsel
Farid Muttalib
Judith Harvie
Legal Services
250 Front Street West
Toronto, Ontario
M5V 3G7
Telephone: (416) 205-6494
FAX: (416) 205-2723
Email: sean.moreman@cbc.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Canadian Association for Progress in Justice
Counsel
Joseph J. Saulnier
510 West Georgia Street
Suite 1800
Vancouver, British Columbia
V6B 0M3
Telephone: (604) 641-4881
FAX: (604) 646-2671
Email: ryan.dalziel@nortonrosefulbright.com
Agent
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Summary
Keywords
Criminal law - Judicial interim release - Whether the judicial interim release provisions contained in s. 515 of the Criminal Code apply to recognizances to keep the peace set out in ss. 810, 810.01, 810.1 and 810.2 of the Criminal Code - Whether s. 810.2(2) of the Criminal Code empowers a judge to issue a warrant of arrest in order to cause a defendant to a s. 810.2 information to appear - Whether the Court of Appeal erred in law in interpreting the provisions of the Criminal Code - Whether the Court of Appeal erred in law in finding that a judge cannot compel the appearance of a defendant to a s. 810.2 Criminal Code Information by issuing a warrant of arrest - Whether the Court of Appeal erred in law in finding that a defendant to a s. 810.2 Criminal Code Information cannot be subject to a s. 515 Criminal Code hearing - Criminal Code, R.S.C. 1985, c. C-46.
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.
An RCMP officer laid an information pursuant to s. 810.2 of the Criminal Code, stating that he had reason to believe that the respondent “will commit a serious personal injury offence.” At the time that this information was laid the respondent was serving a sentence and was expected to be released on December 5, 2014. An arrest warrant was issued, but was never executed. The Provincial Court judge held that s. 515 of the Criminal Code (JIR provisions) do not apply to s. 810.2 Criminal Code applications and he did not have the jurisdiction to have the respondent arrested or impose conditions on his release. Prior to the conclusion of the hearing in the Supreme Court Trial Division (General), the respondent entered into the s. 810.2 of the Code recognizance by consent. Goodridge J. held that s. 515 of the Code applied to s. 810.2 of the Code applications and that the judge erred by refusing to conduct a show cause hearing on the Crown’s request. The Court of Appeal allowed the respondent’s appeal and held that s. 515 of the Code does not apply to s. 810.2 peace bond proceedings.
Lower court rulings
Supreme Court of Newfoundland & Labrador, Trial Division
201408G0091 - 2015 NLTD(G) 141
Applicant’s application for certiorari granted
Court of Appeal of Newfoundland and Labrador
201501H0083, 2018 NLCA 4
Respondent’s appeal allowed: decision of the Provincial Court judge restored
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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