DATE: 20060727

DOCKET: C44469

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – ANTHONY HEINEKAMP (Appellant)

BEFORE:

SIMMONS, ARMSTRONG AND ROULEAU JJ.A.

COUNSEL:

In person (in custody)

for the appellant

Grace Choi

for the Crown respondent

Paul Burstein Amicus Curiae

HEARD & ENDORSED:

July 27, 2006

On appeal from the decision of Justice H.R. Locke of the Superior Court of Justice dated October 13, 2005.

A P P E A L B O O K E N D O R S E M E N T

[1] It appears that as a result of an administrative mix-up, amicus curiae was appointed when in fact Mr. Heinekamp desired counsel. Mr. Heinekamp requests an adjournment today as he just received the factums of the Crown and amicus yesterday and does not have the appeal book. Further he did not understand that amicus was not his counsel.

[2] In all the circumstances, this matter is adjourned to September 8, 2006 and an order is made pursuant to the Criminal Code appointing counsel for Mr. Heinekamp with the name of counsel to be inserted as soon as advised by Mr. Heinekamp and confirmed by counsel. Counsel may, if advised, request that the date be changed to September 13, 2006.