| 1 |
Information and complaint |
An 'information' is a charge against someone, lodged with a court. — 8 November 1946 |
| 2 |
[Stipendiary] Magistrate's record of proceedings |
'Stipendiary Magistrate' is the equivalent of today's Provincial Court judge. — 9 November 1946 |
| 3 |
Receipt that notes payment of fine |
— 9 November 1946 |
| 4 |
Recognizance for Writ of Certiorari to move conviction of Stipendiary Magistrate into Supreme Court |
W.P. Oliver and William Allison are sureties. A 'Recognizance' is a sum pledged as surety for a bond by which someone promises to do something. A 'Writ of Certiorari' is an order to transfer proceedings from a lower court to a higher, for reconsideration. — 24 December 1946 |
| 5 |
Notice of Motion, affidavits of Viola Desmond, other affidavit, and exhibits for Writ of Certiorari - to be heard 10 January 1947 |
Includes copies of documents from Stipendiary Magistrate of New Glasgow, including transcript of proceedings and copy of conviction in reference to Document 2. Document 2 is transcribed and submitted as an exhibit in support of this motion. An 'affidavit' is a sworn statement in writing, for use in court. 'Exhibits' are documentary evidence for use in court. — 27 December 1946 |
| 6 |
Letter, Rod[erick] G MacKay, Stipendiary Magistrate, enclosing original documents outlined above |
Includes copies of documents served. Duplicates of Document 1, 2 and 5. — 2 January 1947 |
| 7 |
Affidavit of Service to Stipendiary Magistrate MacKay (dated 6 January 1947) |
Service' is delivery in person, of a notice to appear in court. — 7 January 1947 |
| 8 |
Affidavit of Service to Henry MacNeil (dated 6 January 1947) |
— 7 January 1947 |
| 9 |
Affidavit of Service to Stipendiary Magistrate MacKay and Henry MacNeil |
Includes copies of documents served. Duplicates of Documents 1, 2 and 5. — 7 January 1947 |
| 10 |
Decision of Justice Archibald regarding Writ of Certiorari |
A 'decision' is the judgment of a court. — 20 January 1947 |
| 11 |
Letter, Deputy Prothonotary to E.M. MacDonald, New Glasgow, sending copy of Archibald's Decision |
A 'Prothonotary' is the senior administrator of a superior court. — 20 January 1947 |
| 12 |
Letter, F.W. Bissett to Deputy Prothonotary, enclosing Notice of appeal |
An 'appeal' is a process whereby the losing party in a court case requests a higher court with jurisdiction to vary or overturn the judgment of the lower court in which the trial took place. — 21 January 1947 |
| 13 |
Notice of Appeal of Decision of Justice Archibald (dated 20 January 1947) |
— 22 January 1947 |
| 14 |
Affidavit of Viola Desmond in support of her appeal |
— 29 January 1947 |
| 15 |
Entry of Appeal (dated 21 February 1947) |
— 22 February 1947 |
| 16 |
Letter, E.M. MacDonald, New Glasgow, enclosing 3 copies of Factum |
Copies of the Factum are not included in the file. A 'factum' is the body of documents, usually printed and bound, which make up the case being appealed (either by plaintiff or defendant). — 10 March 1947 |
| 17 |
Decision of Justice Graham on Appeal (dated 28 March 1947) |
— 17 May 1947 |
| 18 |
Opinion of Justice Doull (dated 5 April 1947) |
An 'Opinion' is a formal statement by a sitting justice, concurring in or dissenting from the judgment of the appeal court. — 17 May 1947 |
| 19 |
Opinion of Justice Carroll (dated 18 April 1947) |
— 17 May 1947 |
| 20 |
Opinion of Justice Hall (dated 3 May 1947) |
Document missing from the file.* — 17 May 1947 |