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.
39133
Her Majesty The Queen v. J.J.
(British Columbia) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-07-20 | Appeal closed | |
| 2022-06-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-06-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-06-30 |
Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the decision of the Supreme Court of British Columbia, Number X081421, 2020 BCSC 349, dated March 11, 2020, heard on October 5 and 6, 2021, is allowed and the cross-appeal is dismissed. Sections 278.92 to 278.94 of the Criminal Code, R.S.C. 1985, c. C-46, are constitutional in their entirety. The decision of the Supreme Court of British Columbia is quashed. Côté, Brown and Rowe JJ. dissent in part. Allowed |
|
| 2022-06-30 |
Judgment on the cross-appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, see judgment on appeal Dismissed |
|
| 2022-02-25 | Supplemental document, (Letter Form), Judgment "Laframboise v. Her Majesty the Queen", Completed on: 2022-03-17, (Printed version filed on 2022-02-28) | Attorney General of Quebec |
| 2022-02-25 | Correspondence received from, (Letter Form), Correspondence filed in 39133/39516 to accompany the Judgment "Laframboise v. Her Majesty the Queen" which can be brought to the attention of the Court. , (Printed version filed on 2022-02-28) | Attorney General of Quebec |
| 2021-10-28 |
Transcript received, 39133 & 39516 Day 1 - 178 pages Day 2 - 112 pages |
|
| 2021-10-06 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-10-14) | J.J. |
| 2021-10-06 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-10-14) | Her Majesty The Queen |
| 2021-10-06 | Judgment reserved OR rendered with reasons to follow | |
| 2021-10-06 |
Hearing of the appeal, 2021-10-05, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2021-10-04 | Certificate (on limitations to public access), 23B - Condensed book | J.J. |
| 2021-10-04 | Certificate (on limitations to public access), 23B - Condensed book | Her Majesty The Queen |
| 2021-10-01 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) | West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre |
| 2021-10-01 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-10-01) | J.J. |
| 2021-10-01 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-10-01) | Her Majesty The Queen |
| 2021-10-01 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) | Attorney General of Quebec |
| 2021-10-01 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) | Attorney General of Nova Scotia |
| 2021-10-01 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-10-01) | Attorney General of Alberta |
| 2021-09-29 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-09-29) | Attorney General of Ontario |
| 2021-09-22 | Intervener's condensed book, (Book Form), intervener's condensed book file din 39133 & 39516, (Printed version filed on 2021-09-22) | Attorney General of Saskatchewan |
| 2021-08-25 |
Notice of appearance, 2021-08-25 - Her Majesty the Queen Lesley A. Ruzicka will appear and present oral argument 2021-08-27 - J.J. Rebecca McConchie and Megan Savard will appear and present oral argument 2021-08-27 - AGC Marc Ribeiro and Lauren Whyte will appear. Marc Ribeiro will present oral argument. 2021-08-26 - PGQ Abdou Thiaw will appear and present oral argument. 2021-08-26 - AGO Jennifer Trehearne and Jill Witkin will appear. Jennifer Trehearne will present oral argument. 2021-08-30 - AGNS Erica Koresawa will appear and present oral argument. 2021-08-30 - AGM Jennifer Mann and Charles Murray will appear. Jennifer Mann will present oral argument. 2021-08-26 - AGS Sharon H. Pratchler, Q.C. will appear and will present oral argument. 2021-08-26 - AGA Deborah J. Alford will appear and will present oral argument. 2021-08-31 - West Coast Legal Education and Action Fund Association Gloria Ng and Kate Feeney will appear. Gloria Ng will present oral argument. 2021-08-26 - Barbra Schlifer Commemorative Clinic Joanna Birenbaum will appear and will present oral argument. 2021-08-25 - Criminal Trial Lawyers' Association Peter Sankoff will appear and will present oral argument. 2021-08-31 - Criminal Lawyers' Association (Ontario) Gerald Chan, Daniel Brown and Lindsay Board will appear. Gerald Chan will present oral argument. 2021-08-30 - Canadian Counsel of Criminal Defence Lawyers John M. Williams and Thomas Hynes will appear. John M. Williams will present oral argument. 2021-08-27 - Independent Criminal Defense Advocacy Society Greg DelBigio will appear and will present oral argument. |
Her Majesty The Queen |
| 2021-06-28 | Appeal hearing scheduled, 2021-10-06, Day 2 (For webcasting only) | |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 |
Appeal hearing scheduled, 2021-10-05, Scheduled for October 5, 2021 and October 6, 2021. Judgment reserved |
|
| 2021-06-25 | Order on motion to extend time, by CÔTÉ J. | |
| 2021-06-25 |
Decision on motion to extend time, Côt, UPON APPLICATION by the intervener, Independent Criminal Defence Advocacy Society, for an order extending the time to serve and file their factum and, if any, book of authorities to April 19, 2021, and for an order granting oral argument at the hearing of the appeal, pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The time to serve and file the intervener’s factum and book of authorities, if any, for the Independent Criminal Defence Advocacy Society is extended to April 19, 2021. The said intervener is still permitted to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2021-06-25 | Submission of motion to extend time, Côt | |
| 2021-05-31 | Correspondence received from, notice of change of email for service | Attorney General of Ontario |
| 2021-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-04-23 | Intervener's book of authorities, (Book Form), for the factum on cross-appeal, Completed on: 2021-05-11, (Printed version filed on 2021-04-23) | Attorney General of Alberta |
| 2021-04-23 | Intervener's factum - AG on constitutional question, (Book Form), for the cross-appeal , Completed on: 2021-05-11, (Printed version filed on 2021-04-23) | Attorney General of Alberta |
| 2021-04-22 | Intervener's book of authorities, (Book Form), for the factum on cross-appeal , Completed on: 2021-05-11, (Printed version due on 2021-04-29) | Attorney General of Ontario |
| 2021-04-22 | Intervener's factum - AG on constitutional question, (Book Form), for the cross-appeal , Completed on: 2021-05-11, (Printed version filed on 2021-05-18) | Attorney General of Ontario |
| 2021-04-22 | Intervener's factum - AG on constitutional question, (Book Form), on cross-appeal , Completed on: 2021-05-11, (Printed version filed on 2021-04-22) | Attorney General of Quebec |
| 2021-04-20 | Motion to extend time, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-04-20) | Independent Criminal Defence Advocacy Society |
| 2021-04-19 | Intervener's factum, (Book Form), Require - motion for extension of time (rec'd 2021-04-21, waiting on decision), Incomplete, (Printed version filed on 2021-04-20) | Independent Criminal Defence Advocacy Society |
| 2021-04-19 | Certificate (on limitations to public access), (Letter Form), Form 23B - Respondent - cross-appeal Factum / book of authorities, (Printed version due on 2021-04-26) | Her Majesty The Queen |
| 2021-04-19 | Respondent's book of authorities - cross appeal, (Book Form), Completed on: 2021-05-10, (Printed version filed on 2021-04-19) | Her Majesty The Queen |
| 2021-04-19 | Respondent's factum - cross appeal, (Book Form), Completed on: 2021-05-10, (Printed version filed on 2021-04-19) | Her Majesty The Queen |
| 2021-04-16 | Intervener's book of authorities, (Book Form), Completed on: 2021-05-10, (Printed version filed on 2021-04-19) | West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre |
| 2021-04-16 | Intervener's factum, (Book Form), Completed on: 2021-05-10, (Printed version filed on 2021-04-19) | West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre |
| 2021-04-16 | Intervener's book of authorities, (Book Form), Completed on: 2021-05-10, (Printed version filed on 2021-04-16) | Barbra Schlifer Commemorative Clinic |
| 2021-04-16 | Intervener's factum, (Book Form), Completed on: 2021-05-10, (Printed version filed on 2021-04-16) | Barbra Schlifer Commemorative Clinic |
| 2021-04-16 | Intervener's book of authorities, (Book Form), Completed on: 2021-05-03, (Printed version filed on 2021-04-16) | Canadian Council of Criminal Defence Lawyers |
| 2021-04-16 | Intervener's factum, (Book Form), Completed on: 2021-04-16, (Printed version filed on 2021-04-16) | Canadian Council of Criminal Defence Lawyers |
| 2021-04-15 | Intervener's book of authorities, (Book Form), Completed on: 2021-04-15, (Printed version filed on 2021-04-16) | Criminal Lawyers' Association (Ontario) |
| 2021-04-15 | Intervener's factum, (Book Form), Completed on: 2021-04-15, (Printed version filed on 2021-04-16) | Criminal Lawyers' Association (Ontario) |
| 2021-04-14 | Intervener's factum, (Book Form), Completed on: 2021-04-14, (Printed version filed on 2021-04-15) | Criminal Trial Lawyers' Association |
| 2021-04-13 | Order on motion to file a lengthy factum, by CÔTÉ J. | |
| 2021-04-13 |
Decision on motion to file a lengthy factum, Côt, UPON APPLICATION by the respondent for an order granting permission to serve and file one (1) joint factum on appeal and cross-appeal in which Parts I to V do not exceed sixty (60) pages, instead of two (2) separate factums, pursuant to Rules 42(2) and 47 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The respondent shall be entitled to serve and file a joint factum on appeal and cross-appeal in which Parts I to V do not exceed sixty (60) pages. Granted |
|
| 2021-04-13 | Submission of motion to file a lengthy factum, Côt | |
| 2021-04-09 |
Order by, WHEREAS the appeal and cross-appeal in R. v. J.J. have been adjourned to the 2021 Fall session to be heard together with the appeal in A.S. v. Her Majesty the Queen and Shane Reddick (39516), AND WHEREAS it is desirable that the parties coordinate their filings in the two appeals; IT IS HEREBY ORDERED THAT: The order dated March 5, 2021 is varied as follows: The deadlines for serving and filing the factums of interveners set in that order are suspended, pending the service and filing of a Notice of Constitutional Questions in A.S., and notices of intervention pursuant to that Notice, should there be any, or the service an filing of any motions for leave to intervene in that appeal. For clarity, should any of the six (6) interveners or groups of interveners who were granted leave to intervene in R. v. J.J. intend to also intervene in the appeal in A.S. v. R. et al., they must apply separately, by way of motion, for leave to intervene in that appeal. In their motion for leave to intervene, they may request to file a joint factum for the two appeals. , Côt |
|
| 2021-03-19 | Appellant's factum - cross appeal, (Book Form), (Included in the respondent's factum), Factum of the Respondent / Appellant on Cross Appeal, Completed on: 2021-07-08, (Printed version filed on 2021-03-19) | J.J. |
| 2021-03-19 | Motion to file a lengthy factum, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2021-03-19) | J.J. |
| 2021-03-19 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-03-26) | J.J. |
| 2021-03-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-03-26) | J.J. |
| 2021-03-19 | Respondent's book of authorities, (Book Form), Completed on: 2021-03-30, (Printed version filed on 2021-03-19) | J.J. |
| 2021-03-19 |
Respondent's factum, (Book Form), Factum of the Respondent / Appellant on Cross Appeal require: decision on motion to file one lengthy factum on appeal/cross appeal (motion granted 2021-04-13), Completed on: 2021-07-08, (Printed version filed on 2021-03-19) |
J.J. |
| 2021-03-05 | Order on motion for leave to intervene, by CÔTÉ J. | |
| 2021-03-05 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Criminal Trial Lawyers’ Association; the Criminal Lawyers’ Association (Ontario); the Canadian Counsel of Criminal Defence Lawyers; the Independent Criminal Defence Advocacy Society; Damian Hayles; A.S.; the West Coast Legal and Action Fund Association and Women Against Violence Against Women Rape Crisis Centre (jointly); and the Barbra Schlifer Commemorative Clinic 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 by Damian Hayles and by A.S. are dismissed. The motions for leave to intervene by the Criminal Trial Lawyers’ Association; the Criminal Lawyers’ Association (Ontario); the Canadian Counsel of Criminal Defence Lawyers; the Independent Criminal Defence Advocacy Society; the West Coast Legal and Action Fund Association and Women Against Violence Against Women Rape Crisis Centre (jointly); and the Barbra Schlifer Commemorative Clinic are granted and the said six (6) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length on or before April 16, 2021. The said six (6) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The said interveners or groups of 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 or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. AND IT IS HEREBY FURTHER ORDERED THAT: The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of Nova Scotia, the Attorney General of Manitoba, the Attorney General of Saskatchewan and the Attorney General of Alberta are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Judgment accordingly |
|
| 2021-03-05 | Submission of motion for leave to intervene, Côt | |
| 2021-02-26 | Reply to the motion for leave to intervene, (Book Form), Completed on: 2021-03-01, (Printed version due on 2021-03-05) | Damian Hayles |
| 2021-02-22 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-02-22, (Printed version due on 2021-03-01) | J.J. |
| 2021-02-22 | Response to the motion for leave to intervene, (Letter Form), RE: Motion for Leave to Intervene filed by CTLA, Completed on: 2021-02-22, (Printed version due on 2021-03-01) | Her Majesty The Queen |
| 2021-02-18 | Notice of intervention respecting a constitutional question, (Letter Form), RE: Notice of Constitutional Question filed by the Respondent/Appellant on Cross-Appeal., Completed on: 2021-02-22, (Printed version due on 2021-02-25) | Attorney General of Alberta |
| 2021-02-18 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-02-22, (Printed version due on 2021-02-25) | Her Majesty The Queen |
| 2021-02-18 | Notice of hearing sent to parties | |
| 2021-02-18 | Appeal hearing adjourned, to the Fall 2021 Session | |
| 2021-02-17 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-02-24) | A.S. |
| 2021-02-17 | Notice of intervention respecting a constitutional question, (Letter Form), RE: Notice of Constitutional Question filed by the Respondent/Appellant on Cross-Appeal., Completed on: 2021-02-19, (Printed version due on 2021-02-24) | Attorney General of Quebec |
| 2021-02-12 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/09/21), Completed on: 2021-03-10, (Printed version due on 2021-02-19) | Damian Hayles |
| 2021-02-12 | Notice of name, (Letter Form), (Printed version due on 2021-02-19) | Independent Criminal Defence Advocacy Society |
| 2021-02-12 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/09/21), Completed on: 2021-03-10, (Printed version due on 2021-02-19) | Independent Criminal Defence Advocacy Society |
| 2021-02-12 | Notice of name, (Letter Form), Amended Notice of name rec'd 2021-05-17, (Printed version due on 2021-02-19) | Canadian Council of Criminal Defence Lawyers |
| 2021-02-12 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/09/21), Completed on: 2021-03-10, (Printed version due on 2021-02-19) | Canadian Council of Criminal Defence Lawyers |
| 2021-02-11 | Notice of name, (Included in the motion for leave to intervene), (Printed version due on 2021-02-18) | Criminal Lawyers' Association (Ontario) |
| 2021-02-11 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-02-18) | Criminal Lawyers' Association (Ontario) |
| 2021-02-10 | Correspondence received from, (Letter Form), The intervener, AGO, will no longer be using the services of an agent. , (Printed version due on 2021-02-17) | Attorney General of Ontario |
| 2021-02-10 | Notice of name, (Letter Form), (Printed version due on 2021-02-17) | Criminal Trial Lawyers' Association |
| 2021-02-10 |
Motion for leave to intervene, (Book Form), Missing: Filing Fee (received 2021-02-25) Proof of Service (rec' 02/17/21), Completed on: 2021-02-25, (Printed version due on 2021-02-17) |
Criminal Trial Lawyers' Association |
| 2021-02-09 |
Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (by email) a) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before March 19, 2021. b) The appellant’s factum in response to the cross-appeal shall be served and filed on or before April 19, 2021. c) 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 February 12, 2021. d) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before February 22, 2021. e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 26, 2021. f) 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 April 16, 2021 g) Any intervener referred to in subparagraph 22(3)(c)(iii) of the Rules of the Supreme Court of Canada shall serve and file its respective factum, if any, and book of authorities, if any, on or before April 23, 2021. |
|
| 2021-02-05 | Notice of name, (Letter Form), (Printed version due on 2021-02-12) | Barbra Schlifer Commemorative Clinic |
| 2021-02-05 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec'd 2021-03-29), Completed on: 2021-03-29, (Electronic version due on 2021-02-12) | Barbra Schlifer Commemorative Clinic |
| 2021-02-05 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-02-12) | West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre |
| 2021-02-05 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-02-12) | West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre |
| 2021-02-05 | Notice of name, (Letter Form), (Printed version due on 2021-02-12) | West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre |
| 2021-02-05 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-02-12) | West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre |
| 2021-02-01 | Order on miscellaneous motion, by WAGNER CJ. | |
| 2021-02-01 |
Decision on miscellaneous motion, see order on motion to adjourn the hearing of the appeal., CJ Granted, no order as to costs |
|
| 2021-02-01 | Submission of miscellaneous motion, CJ | |
| 2021-02-01 | Order on motion to adjourn the hearing of the appeal, by WAGNER CJ. | |
| 2021-02-01 |
Decision on motion to adjourn the hearing of the appeal, CJ, UPON APPLICATION by the respondent/appellant on cross-appeal, J.J., for an adjournment of the hearing scheduled for March 22, 2021, pursuant to Rule 7 of the Rules of the Supreme Court of Canada, and for an order to expedite the motion to adjourn the hearing of the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions are granted. The hearing is adjourned and the appeal and cross-appeal are traversed to the 2021 Spring session. The Acting Registrar shall fix a new tentative hearing date and revised filing schedule. Granted, no order as to costs |
|
| 2021-02-01 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2021-01-27 | Notice of intervention respecting a constitutional question, (Letter Form), RE: Notice of Constitutional Question filed by the Respondent/Appellant on Cross-Appeal., Completed on: 2021-02-04, (Printed version due on 2021-02-03) | Attorney General of Ontario |
| 2021-01-27 | Notice of intervention respecting a constitutional question, (Letter Form), RE: Notice of Constitutional Question filed by the Respondent/Appellant on Cross-Appeal., Completed on: 2021-02-04, (Printed version filed on 2021-01-28) | Attorney General of Canada |
| 2021-01-27 | Notice of intervention respecting a constitutional question, (Letter Form), RE: Notice of Constitutional Question filed by the Respondent/Appellant on Cross-Appeal., Completed on: 2021-02-04, (Printed version due on 2021-02-03) | Attorney General of Nova Scotia |
| 2021-01-27 | Intervener's book of authorities, (Book Form), Completed on: 2021-02-01, (Printed version due on 2021-02-03) | Attorney General of Canada |
| 2021-01-27 | Intervener's book of authorities, (Book Form), Amended authorities rec'd 2021/01/28, Completed on: 2021-02-01, (Printed version due on 2021-02-03) | Attorney General of Ontario |
| 2021-01-27 | Intervener's factum - AG on constitutional question, (Book Form), Amended factum rec'd 2021/01/29, Completed on: 2021-02-01, (Printed version filed on 2021-01-29) | Attorney General of Ontario |
| 2021-01-27 | Correspondence received from, (Letter Form), AG of Alberta may file a Notice of Intervention on Constitutional Question for the Cross-Appeal, (Printed version due on 2021-02-03) | Attorney General of Alberta |
| 2021-01-27 | Intervener's book of authorities, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-27) | Attorney General of Alberta |
| 2021-01-27 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-27) | Attorney General of Alberta |
| 2021-01-27 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-28) | Attorney General of Canada |
| 2021-01-27 | Intervener's book of authorities, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-28) | Attorney General of Nova Scotia |
| 2021-01-27 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-29) | Attorney General of Nova Scotia |
| 2021-01-27 |
Response to the motion to adjourn the hearing of the appeal, (Letter Form), MISSING: proof of service, Completed on: 2021-01-27, (Printed version due on 2021-02-03) |
Her Majesty The Queen |
| 2021-01-26 |
Notice of intervention respecting a constitutional question, (Letter Form), RE: Notice of Constitutional Question filed by the Respondent/Appellant on Cross-Appeal. , Completed on: 2021-02-08, (Printed version due on 2021-02-02) |
Attorney General of Saskatchewan |
| 2021-01-26 | Notice of intervention respecting a constitutional question, (Letter Form), RE: Notice of Constitutional Question filed by the Respondent/Appellant on Cross-Appeal., Completed on: 2021-02-04, (Printed version due on 2021-02-02) | Attorney General of Manitoba |
| 2021-01-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-26) | Attorney General of Manitoba |
| 2021-01-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-02-01, (Printed version filed on 2021-01-26) | Attorney General of Saskatchewan |
| 2021-01-26 | Notice of miscellaneous motion, (Book Form), (Included in the motion to adjourn the hearing of the appeal), Completed on: 2021-01-26, (Printed version due on 2021-02-02) | J.J. |
| 2021-01-26 | Motion to adjourn the hearing of the appeal, (Book Form), MISSING: filing fee, Incomplete, (Printed version filed on 2021-01-28) | J.J. |
| 2021-01-25 |
Correspondence received from, (Letter Form), Marc Ribeiro. Correspondence further to the parties' letter dated January 20, 2021., (Printed version due on 2021-02-01) |
Attorney General of Canada |
| 2021-01-22 | Correspondence received from, (Letter Form), Letter regarding the Sealed Volume 4 | Her Majesty The Queen |
| 2021-01-22 | Supplemental document, (Letter Form), Reasons for Judgment of the court appealed from, 2020 BCSC 349, dated March 11, 2020 , Completed on: 2021-01-26, (Printed version filed on 2021-01-22) | J.J. |
| 2021-01-22 | Supplemental document, (Letter Form), Reasons for Judgment of the court appealed from, 2020 BCSC 29, dated January 6, 2020, Completed on: 2021-01-26, (Printed version due on 2021-01-29) | J.J. |
| 2021-01-22 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-01-22) | J.J. |
| 2021-01-22 | Notice of constitutional question(s), Completed on: 2021-01-26 | J.J. |
| 2021-01-22 | Notice of cross appeal, (Letter Form), Completed on: 2021-01-26, (Printed version due on 2021-01-29) | J.J. |
| 2021-01-22 | Appellant's record, (Book Form), (4 volumes), Volume 4 sealed, Completed on: 2021-01-26, (Printed version filed on 2021-01-22) | Her Majesty The Queen |
| 2021-01-22 | Appellant's book of authorities, (Book Form), Completed on: 2021-01-26, (Printed version due on 2021-01-29) | Her Majesty The Queen |
| 2021-01-22 | Certificate (on limitations to public access), (Letter Form), 23B - Factum/Record, SEALED, (Printed version due on 2021-01-29) | Her Majesty The Queen |
| 2021-01-22 | Certificate (on limitations to public access), (Letter Form), 23A - Factum/Record, (Printed version filed on 2021-01-22) | Her Majesty The Queen |
| 2021-01-22 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-01-29) | Her Majesty The Queen |
| 2021-01-22 | Appellant's factum, (Book Form), Completed on: 2021-01-22, (Printed version filed on 2021-01-22) | Her Majesty The Queen |
| 2021-01-21 |
Correspondence received from, (Letter Form), Jennifer Mann. Correspondence further to the parties' letter dated January 20, 2021., (Printed version due on 2021-01-28) |
Attorney General of Manitoba |
| 2021-01-21 |
Correspondence received from, (Letter Form), Sharon Pratchler. Correspondence further to the parties' letter dated January 20, 2021., (Printed version due on 2021-01-28) |
Attorney General of Saskatchewan |
| 2021-01-21 |
Correspondence received from, (Letter Form), Jill Witkin. Correspondence further to the parties' letter dated January 20, 2021., (Printed version due on 2021-01-28) |
Attorney General of Ontario |
| 2021-01-21 |
Correspondence received from, (Letter Form), Erica Koresawa. Correspondence further to the parties' letter dated January 20, 2021., (Printed version due on 2021-01-28) |
Attorney General of Nova Scotia |
| 2021-01-20 |
Correspondence received from, (Letter Form), Deborah J. Alford. Correspondence further to the parties' letter dated January 20, 2021., (Printed version due on 2021-01-27) |
Attorney General of Alberta |
| 2021-01-20 | Correspondence (sent by the Court) to, the parties. Letter from Acting Registrar in response to the parties' letter dated January 20, 2021. | |
| 2021-01-20 | Correspondence received from, (Letter Form), Megan Savard. Letter on behalf of the parties to seek clarification and modification to the filing schedule sent on January 18, 2021., (Printed version due on 2021-01-27) | J.J. |
| 2021-01-18 |
Correspondence (sent by the Court) to, the parties. Letter from Acting Registrar. The schedule for serving and filing the material is set as follows: a) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before January 22, 2021. b) 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 February 5, 2021. c) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before February 12, 2021. d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 16, 2021. e) 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 March 5, 2021 f) Any intervener referred to in subparagraph 22(3)(c)(iii) of the Rules of the Supreme Court of Canada shall serve and file its respective factum, if any, and book of authorities, if any, on or before January 27, 2021. g) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before February 26, 2021. h) The appellant’s factum in response to the cross-appeal shall be served and filed on or before March 5, 2021. |
|
| 2020-12-23 |
Judgment of the Court on the application for leave to cross-appeal, The motion for an extension of time to serve and file the application for leave to cross-appeal is granted. The application for leave to cross-appeal from the judgment of the Supreme Court of British Columbia, Number X081421, 2020 BCSC 349, dated March 11, 2020, is granted. The schedule for serving and filing materials will be set by the Acting Registrar. Granted |
|
| 2020-12-23 |
Decision on motion to extend time, See decicion on application for leave to cross appeal Granted |
|
| 2020-11-25 | Notice of hearing sent to parties | |
| 2020-11-16 | All material on the application for leave to cross-appeal submitted to the Judges, for consideration by the Court | |
| 2020-11-16 | Submission of motion to extend time, for consideration by the Court | |
| 2020-11-12 | Certificate (on limitations to public access), (Letter Form) | Her Majesty The Queen |
| 2020-11-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), the parties. Tentatively scheduled for March 22, 2021. | |
| 2020-11-10 | Appeal hearing adjourned, ADJOURNED | |
| 2020-10-19 | Memorandum of argument in response to the cross-appeal, (Letter Form), Missing: Form 23B (rec' 11/12/20), Completed on: 2020-11-17 | Her Majesty The Queen |
| 2020-10-15 | Certificate (on limitations to public access), (Letter Form), 23B | J.J. |
| 2020-10-14 | Motion to extend time, (Included in the application for leave to cross-appeal), Completed on: 2020-10-14 | J.J. |
| 2020-10-14 | Application for leave to cross-appeal, (Book Form), Completed on: 2020-10-14, (Printed version filed on 2020-11-02) | J.J. |
| 2020-10-07 | Correspondence received from, (Letter Form), RE: Change of Counsel | Attorney General of Nova Scotia |
| 2020-09-25 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-09-25, (Printed version due on 2020-10-05) | Attorney General of Manitoba |
| 2020-09-25 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-09-25, (Printed version due on 2020-10-05) | Attorney General of Nova Scotia |
| 2020-09-25 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-09-25, (Printed version due on 2020-10-05) | Attorney General of Saskatchewan |
| 2020-09-25 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-09-25, (Printed version due on 2020-10-05) | Attorney General of Ontario |
| 2020-09-25 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-09-25, (Printed version due on 2020-10-05) | Attorney General of Canada |
| 2020-09-23 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-09-23, (Printed version due on 2020-10-01) | Attorney General of Alberta |
| 2020-09-01 | Certificate (on limitations to public access), (Letter Form), 23B-Amended certificate required-rec'd 2020-09-03 | Her Majesty The Queen |
| 2020-08-28 | Notice of constitutional question(s), (Letter Form), Completed on: 2020-08-28 | Her Majesty The Queen |
| 2020-08-28 | Notice of appeal, (Letter Form), Completed on: 2020-08-28 | Her Majesty The Queen |
| 2020-07-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-07-24 | Judgment on leave sent to the parties | |
| 2020-07-23 |
Judgment of the Court on the application for leave to appeal, CJ Abe Mo Ka Côt Br Row Mar Kas, The application for leave to appeal from the judgment of the Supreme Court of British Columbia, Number X081421, 2020 BCSC 349, dated March 11, 2020, is granted. The decision on costs is referred to the panel hearing the appeal. Granted, costs to follow |
|
| 2020-06-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-06-17 | Certificate (on limitations to public access), (Letter Form), 23B-Reply | Her Majesty The Queen |
| 2020-06-15 | Certificate (on limitations to public access), (Letter Form), 23A-Reply | Her Majesty The Queen |
| 2020-06-15 | Applicant's reply to respondent's argument, (Letter Form), Amended reply required, Completed on: 2020-06-15 | Her Majesty The Queen |
| 2020-06-04 | Certificate (on limitations to public access), (Letter Form), 23B | J.J. |
| 2020-06-04 | Certificate (on limitations to public access), (Letter Form), 23A | J.J. |
| 2020-06-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-06-04 | J.J. |
| 2020-05-01 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2020/05/01 | |
| 2020-05-01 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty The Queen |
| 2020-04-17 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty The Queen |
| 2020-04-17 | Application for leave to appeal, (Book Form), Amended notice required-rec'd 2020/05/01;, Completed on: 2020-05-01 | 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 / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| J.J. | Respondent / Appellant on cross-appeal | 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 Nova Scotia | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre | Intervener | Active |
| Barbra Schlifer Commemorative Clinic | Intervener | Active |
| Criminal Trial Lawyers' Association | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Canadian Council of Criminal Defence Lawyers | Intervener | Active |
| Independent Criminal Defence Advocacy Society | Intervener | Active |
Counsel
Party: Her Majesty The Queen
Counsel
Lesley A. Ruzicka, Q.C.
Attorney General of British Columbia
940 Blanshard street
3rd floor
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-4218
FAX: (250) 387-4262
Email: lesley.ruzicka@gov.bc.ca
940 Blanshard street
3rd floor
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-4218
FAX: (250) 387-4262
Email: lesley.ruzicka@gov.bc.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: J.J.
Counsel
Rebecca A. McConchie
Megan Savard
Megan Savard
Peck and Company
610-744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rmcconchie@peckandcompany.ca
610-744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rmcconchie@peckandcompany.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: Attorney General of Alberta
Counsel
Deborah J. Alford
Attorney General of Alberta
Alberta Crown Prosecution Service, Appeals Branch
3rd Floor, 9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: deborah.alford@gov.ab.ca
Alberta Crown Prosecution Service, Appeals Branch
3rd Floor, 9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: deborah.alford@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
Marc Ribeiro
Lauren Whyte
Lauren Whyte
Department of Justice Canada
Guy-Favreau Complex, East Tower, 9th Floor
200 René-Lévesque Boulevard West
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-6386
FAX: (514) 496-7876
Email: marc.ribeiro@justice.gc.ca
Guy-Favreau Complex, East Tower, 9th Floor
200 René-Lévesque Boulevard West
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-6386
FAX: (514) 496-7876
Email: marc.ribeiro@justice.gc.ca
Agent
Robert J. Frater Q.C.
Attorney General of Canada
Civil Litigation Section
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Civil Litigation Section
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Attorney General of Ontario
Counsel
Jill Witkin
Jennifer Trehearne
Jennifer Trehearne
Attorney General of Ontario
Crown Law Office-Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 1J5
Telephone: (416) 314-0610
FAX: (416) 326-4600
Email: EserviceCLOC@ontario.ca
Crown Law Office-Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 1J5
Telephone: (416) 314-0610
FAX: (416) 326-4600
Email: EserviceCLOC@ontario.ca
Party: Attorney General of Saskatchewan
Counsel
Sharon H. Pratchler, Q.C.
Attorney General for Saskatchewan
820-1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5584
FAX: (306) 787-9111
Email: sharon.pratchler2@gov.sk.ca
820-1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5584
FAX: (306) 787-9111
Email: sharon.pratchler2@gov.sk.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 Nova Scotia
Counsel
Erica Koresawa
Nova Scotia Public Prosecution Service
700 – 1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-6794
FAX: (902) 424-8440
Email: erica.koresawa@novascotia.ca
700 – 1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-6794
FAX: (902) 424-8440
Email: erica.koresawa@novascotia.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 Manitoba
Counsel
Jennifer Mann
Charles Murray
Charles Murray
Justice Manitoba - Public Prosecution
6 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: jennifer.mann@gov.mb.ca
6 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: jennifer.mann@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: West Coast Legal Education and Action Fund and Women Against Violence Against Women Rape Crisis Centre
Counsel
Gloria Ng
Kate Feeney
Kate Feeney
Gloria Ng Law
1111 Melville St. Suite 1200
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 559-2529
FAX: (604) 559-2530
Email: gloria@gloriang.ca
1111 Melville St. Suite 1200
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 559-2529
FAX: (604) 559-2530
Email: gloria@gloriang.ca
Agent
Maxine Vincelette
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: Barbra Schlifer Commemorative Clinic
Counsel
Joanna Birenbaum
Birenbaum Law
555 Richmond St. W.
Suite 1200
Toronto, Ontario
M5V 3B1
Telephone: (647) 500-3005
FAX: (416) 968-0325
Email: joanna@birenbaumlaw.ca
555 Richmond St. W.
Suite 1200
Toronto, Ontario
M5V 3B1
Telephone: (647) 500-3005
FAX: (416) 968-0325
Email: joanna@birenbaumlaw.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
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: Criminal Trial Lawyers' Association
Counsel
Peter Sankoff
William J. Van Engen
William J. Van Engen
Bottos Law Group
10226 104 St.
4th floor
Edmonton, Alberta
T5J 1B8
Telephone: (780) 421-7001
FAX: (780) 421-7031
Email: psankoff@bottoslaw.ca
10226 104 St.
4th floor
Edmonton, Alberta
T5J 1B8
Telephone: (780) 421-7001
FAX: (780) 421-7031
Email: psankoff@bottoslaw.ca
Party: Criminal Lawyers' Association (Ontario)
Counsel
Gerald Chan
Daniel Brown
Lindsay Board
Daniel Brown
Lindsay Board
Stockwoods LLP
TD North Tower, Toronto-Dominion Centre
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1617
FAX: (416) 593-9345
Email: geraldc@stockwoods.ca
TD North Tower, Toronto-Dominion Centre
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1617
FAX: (416) 593-9345
Email: geraldc@stockwoods.ca
Party: Canadian Council of Criminal Defence Lawyers
Counsel
John M. Williams
Thomas P. Hynes
Thomas P. Hynes
Gerrand Rath Johnson LLP
700 - 1914 Hamilton St
Regina, Saskatchewan
S4P 3N6
Telephone: (306) 522-3030
FAX: (306) 522-3555
Email: jwilliams@grj.ca
700 - 1914 Hamilton St
Regina, Saskatchewan
S4P 3N6
Telephone: (306) 522-3030
FAX: (306) 522-3555
Email: jwilliams@grj.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: Independent Criminal Defence Advocacy Society
Counsel
Greg Delbigio, QC
27th Floor, 595 Burrard Street
Vancouver, British Columbia
V7X 1J2
Telephone: (604) 351-2590
FAX: (604) 688-4711
Email: greg@gregdelbigio.com
Vancouver, British Columbia
V7X 1J2
Telephone: (604) 351-2590
FAX: (604) 688-4711
Email: greg@gregdelbigio.com
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: Attorney General of Quebec
Counsel
Abdou Thiaw
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.
225, montée Paiement, 2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
225, montée Paiement, 2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
Charter of Rights - Constitutional law - Criminal law - Admissibility and use of third party records in the possession of the accused for certain enumerated sexual offences - Interlocutory constitutional ruling - Whether the trial judge erred in concluding that the seven-day notice requirement in s. 278.93(4) of the Criminal Code infringes s. 7 of the Charter and does not constitute a reasonable limit pursuant to s. 1 - Charter of Rights and Freedoms, ss. 1 and 7 - Does the “records screening regime” in ss. 278.92 to 278.94 of the Criminal Code violate s. 7, 11(c), and/or 11(d) of the Charter of Rights and Freedoms such that it should be declared of no force or effect?
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.
(publication ban) (sealing order)
The respondent, J.J., was charged with sexual assault, contrary to s. 271 of the Criminal Code. His lawyer is in possession of communications between J.J. and the complainant. His lawyer wants to use those communications on cross-examination of the complainant; however, he says those communications meet the definition of a record in s. 278.1 of the Criminal Code and as a result he must apply to have the communications admitted as relevant to an issue at trial pursuant to ss. 278.92, 278.93 and 278.94. The application must be made on seven days’ notice to the Crown, unless the trial judge permits a shorter period. Duncan J. held that the seven-day notice requirement in s. 278.93(4) of the Criminal Code violated s. 7 of the Charter and could not be saved under s. 1. Duncan J. “read down” s. 278.93(4) of the Code to: (1) remove the seven-day notice requirement in s. 278.93(4) only as it applies to s. 278.92 applications; and (2) provide that s. 278.92 applications should be made “at the conclusion of the complainant’s examination in chief, or as otherwise required by the judge, provincial court judge or justice in the interests of justice”. On October 5, 2020, J.J.’s trial on a single count of sexual assault commenced before a judge and jury in the B.C. Supreme Court. On October 9, 2020, the jury returned a verdict of not guilty. The Crown has not appealed the verdict.
Lower court rulings
January 6, 2020
Supreme Court of British Columbia
X081421, 2020 BCSC 29
Supreme Court of British Columbia
X081421, 2020 BCSC 29
Constitutional ruling: the seven-day notice requirement in s. 278.93(4) of the Criminal Code violates s. 7 of the Charter
March 11, 2020
Supreme Court of British Columbia
X081421, 2020 BCSC 349
Supreme Court of British Columbia
X081421, 2020 BCSC 349
Remedy ruling: s. 278.93(4) of the Criminal Code cannot be saved under s. 1
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.
Downloadable PDFs
Not available
Related links
Date modified: 2025-02-27