COURT OF APPEAL FOR ONTARIO

DATE: 20030731 DOCKET: M30143-M30144-M30163-M30167

RE: HER MAJESTY THE QUEEN (Appellant) v. MARSHA ALISJIE HAMILTON (Respondent) - and - HER MAJESTY THE QUEEN (Appellant) v. DONNA ROSEMARIE MASON (Respondent) - and - HER MAJESTY THE QUEEN (Appellant) v. TRACY-ANN SPENCER (Respondent)

BEFORE: O'CONNOR A.C.J.O.

COUNSEL: James W. Leising for the appellant Andras Schreck for the respondent, Hamilton Leslie Maunder for the respondent, Mason Julian Roy for the respondent, Spencer Brian Eyolfson for Aboriginal Legal Services of Toronto Inc. Sheena Scott and Richard Miller for the African Canadian Legal Clinic et al. Andrew Pinto for the Native Women's Association of Canada

HEARD: July 29, 2003

ENDORSEMENT

[1] This endorsement addresses a number of issues relating to the conduct of these three appeals.

[2] The three appeals are consolidated.

[3] Counsel for the Attorney General may file a single factum in relation to the three consolidated appeals not to exceed 65 pages in length.

[4] On consent, an order shall issue granting leave to intervene as a friend of the court to:

a) The African Canadian Legal Clinic, Congress of Black Women/Ontario Legal Clinic and Jamaican Canadian Association (one grant);

b) The Native Women's Association of Canada; and

c) Aboriginal Legal Services of Toronto - Legal Clinic.

[5] The conditions attaching to the intervention orders are as follows:

a) the intervenors shall not introduce any evidence;

b) the intervenors shall not raise Charter arguments not raised by the parties or referred to in the judgments of the courts below;

c) the intervenors' factums are limited to 20 pages each;

d) the intervenors' oral submissions are limited to 20 minutes each; and

e) the Attorney General and the respondents have a right to reply to the intervenors' factums (a 5-page limit per intervenor).

[6] The timetable for perfecting and hearing the appeals shall be as follows:

a) October 20, 2003 - Attorney General to perfect the appeals.

b) January 2, 2004 - respondents to file factums.

c) January 12, 2004 - intervenors to file factums.

d) January 31, 2004 - response to intervenors' factums.

e) February 9-10, 2004 - hearing of appeals.

[7] The time allocations for oral argument are as follows:

a) Attorney General - 3 hours

b) Respondents - 2 hours

c) Intervenors - 1 hour

[8] Any further issues that may arise in relation to the conduct of these appeals, may be brought before me on motion, arranged through the office of the Senior Legal Officer.

"Dennis O'Connor A.C.J.O."