Case information
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23075
Her Majesty the Queen v. David Angelo Grant
(British Columbia) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-09-12 | Appeal closed | |
| 1994-07-22 | Correspondence (sent by the Court) to, sent to C/A of BC (Vancouver, BC) enclosing their record | |
| 1993-10-14 | Copy of formal judgment being prepared, Hughes & Hughes (Ottawa, ON) | |
| 1993-10-14 | Copy of formal judgment being prepared, Deputy Attorney General of Canada (Ottawa, ON) | |
| 1993-10-14 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-10-12 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1993-09-30 |
Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the acquittals are set aside and a new trial is ordered. For answers to Constitutional Questions please see file. Allowed, no order as to costs |
|
| 1993-09-30 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1993-09-30 | Notice of deposit of judgment sent to all parties, Deputy Attorney General of Canada (Ottawa, ON) | |
| 1993-09-30 | Notice of deposit of judgment sent to all parties, Hughes & Hughes (Ottawa, ON) | |
| 1993-09-21 | Correspondence (sent by the Court) to, from Greg Cranston; re: adopt the arguments of Mr. Rosenberg sent to CJ LaF L'HD So G Co McL I Ma, Sept 22/93 | |
| 1993-07-30 | Correspondence (sent by the Court) to, from Rosenberg & Rosenberg; re: responding to the appellant's two additional cases sent to CJ LaF L'HD So G Co McL I Ma, August 3, 1993 | |
| 1993-07-28 | Correspondence (sent by the Court) to, of Robert J. Frater dated July 27, 1993 along with 2 unreported decisions of the B.C. Court of Appeal in "R. v. McNeil" and "R. v. Blinch", a letter of David Frankel, Q.C. dated July 16, 1993 and a letter of David Rosenberg dated July 23, 1993 sent to CJ | |
| 1993-07-12 | Close file on Leave | |
| 1993-06-01 | Correspondence (sent by the Court) to, fr. Rosenberg & Rosenberg re: Bill C-85 enclosed should be brought to the attention of the Court sent to CJ LaF L'HD So G Co McL I Maj, June 8/93 | |
| 1993-05-31 | Order on miscellaneous motion, With service | |
| 1993-05-20 |
Decision on miscellaneous motion, for an order for directions regarding the filing of supplementary material. Seeing the respondent's consent of May 19, 1993 filing of exhibit F and G is allowed for consideration therof by the Court., G Granted, no order as to costs |
|
| 1993-05-20 | Hearing of miscellaneous motion, 1993-05-20, for an order for directions regarding the filing of supplementary material. Seeing the respondent's consent of May 19, 1993 filing of exhibit F and G is allowed for consideration therof by the Court., G | |
| 1993-05-20 | Submission of miscellaneous motion, 1993-05-20, for an order for directions regarding the filing of supplementary material. Seeing the respondent's consent of May 19, 1993 filing of exhibit F and G is allowed for consideration therof by the Court., G | |
| 1993-05-20 | Response to miscellaneous motion, to file supplementary material | David Angelo Grant |
| 1993-05-17 | Affidavit, for directions regarding the filing of supplementary material (of David S. Frankel, Q.C.), with service | Her Majesty the Queen |
| 1993-05-17 | Notice of miscellaneous motion, for directions regarding the filing of supplementa ry material, with service | Her Majesty the Queen |
| 1993-05-11 | Correspondence (sent by the Court) to, (by fax) from Rosenberg & Rosenberg; re: that is is inappropriate to make submission to the Court without leave; not consenting to the submissions forwarded by the Queen | |
| 1993-05-10 | Correspondence (sent by the Court) to, sent to Department of Justice Canada (Vancouver, BC) from A. Roland re: copies of decision of the Court of Appeal of Manitoba in The Queen v. Lamy filed on behalf f the Respondent were distributed to the Members of the Court on May 3/93 | |
| 1993-05-10 | Correspondence (sent by the Court) to, (by fax) from Rosenberg & Rosenberg; re: respond to the submissions of David Frankel | |
| 1993-05-07 | Correspondence (sent by the Court) to, sent to Department of Justice Canada (Vancouver, BC) by Fax, c.c. to David M. Rosenberg, Esq., Greg Cranston, Esq., Robert J. Frater, Esq. from A. Roland re: additional submissions only on the consent of the other parties or with leave of a Judge | |
| 1993-05-07 | Correspondence (sent by the Court) to, (by fax) from S. David Frankel, Q.C.; re: please advise if the judgment of the Manitoba Court was filed by the respondent | |
| 1993-05-06 | Correspondence (sent by the Court) to, (by fax) from S. David Frankel, Q.C.; re: states the appellant's position with respect to the judgment in R. v. Lamy filed by the Respondent | |
| 1993-05-03 | Correspondence (sent by the Court) to, (by fax) from S. David Frankel, Q.C. sent to David M. Rosenberg; re: reserve the right to file a brief memorandum if Regina v. Lamy is place before the Court sent to CJ LaF L'HD So G Co McL I Maj, May 4/93 | |
| 1993-05-03 | Correspondence (sent by the Court) to, of Henry S. Brown (Gowling, Strathy & Henderson) along with 10 copies of a Manitoba Court of Appeal decision in "Queen v. Lamy" to be distributed to the justices sent to CJ LaF L'HD So G Co McL I Maj May 4/93 | |
| 1993-04-29 | Correspondence (sent by the Court) to, (by fax) from S. David Frankel, Q.C. sent to David M. Rosenberg; re: no objection to the recent decision in R. v. Lamy bein brought to the attention of the Court | |
| 1993-04-26 | General proceeding, transcript received and distributed to the judges (145 pages) | |
| 1993-04-08 | Correspondence (sent by the Court) to, of David Frankel, Q.C. dated April 5, 1993 about the definition of the term "dwelling-house" sent to CJ LaF L'HD So G Co McL I Maj, April 13, 1993 | |
| 1993-04-03 | General proceeding, 10 copies of Manitoba Court of Appeal decision in "Queen v. Lamy" | David Angelo Grant |
| 1993-04-02 |
Hearing of the appeal, 1993-04-02, CJ LaF L'HD So G Co McL Ia Ma Decision reserved |
|
| 1993-04-01 | Affidavit, Margaret Klassen; 24 copies, with service | Her Majesty the Queen |
| 1993-04-01 | Motion to adduce new evidence, 24 copies, with service | Her Majesty the Queen |
| 1993-03-30 |
Decision on the motion to file a reply factum on appeal, Reg Granted, no order as to costs |
|
| 1993-03-30 | Hearing of motion to file a reply factum on appeal, 1993-03-30, Reg | |
| 1993-03-30 | Submission of motion to file a reply factum on appeal, 1993-03-30, Reg | |
| 1993-03-30 |
Decision on miscellaneous motion, for additional time for oral argument for the appeal by one-half hour,, CJ Granted, no order as to costs |
|
| 1993-03-30 | Hearing of miscellaneous motion, 1993-03-30, for additional time for oral argument for the appeal by one-half hour,, CJ | |
| 1993-03-30 | Submission of miscellaneous motion, 1993-03-30, for additional time for oral argument for the appeal by one-half hour,, CJ | |
| 1993-03-29 | Book of authorities, 10 copies (joint authorities). | Her Majesty the Queen |
| 1993-03-29 | Reply factum on appeal, 24 copies, with service | Her Majesty the Queen |
| 1993-03-26 | Response to miscellaneous motion, for additional time by Gowling Strathy., with service | David Angelo Grant |
| 1993-03-26 | Affidavit, for additional time namely one half hour, of David Frankel, Q.C., with service | Her Majesty the Queen |
| 1993-03-26 | Notice of miscellaneous motion, for additional time to make oral argument namely one half hour. | Her Majesty the Queen |
| 1993-03-26 | Response to motion to file a reply factum on appeal | David Angelo Grant |
| 1993-03-26 | Affidavit, Robert J. Frater | Her Majesty the Queen |
| 1993-03-26 | Motion to file a reply factum on appeal | Her Majesty the Queen |
| 1993-03-23 | Correspondence (sent by the Court) to, from S. David Frankel, Q.C.; re: time alloted for the hearing of the appeal | |
| 1993-03-17 | Notice of withdrawal, With service | Attorney General for Ontario |
| 1993-03-09 | Appeal court record, (accordeon) | |
| 1993-03-02 |
Appeal hearing scheduled, 1993-04-02 Decision reserved |
|
| 1993-02-12 | Intervener's factum, 24 copies, with service | Robert Wallace Wiley |
| 1993-02-11 | Order on motion for leave to intervene, With service | |
| 1993-02-08 | Response to the motion for leave to intervene, of Robert Wallace Wiley | David Angelo Grant |
| 1993-02-08 | Affidavit, 2 copies; David J. Hughes | Robert Wallace Wiley |
| 1993-02-08 |
Decision on the motion for leave to intervene, and to file writen argument and make oral argument limited to 15 minutes., So Granted, no order as to costs |
|
| 1993-02-08 | Hearing of motion for leave to intervene, 1993-02-08, and to file writen argument and make oral argument limited to 15 minutes., So | |
| 1993-02-08 | Submission of motion for leave to intervene, 1993-02-08, and to file writen argument and make oral argument limited to 15 minutes., So | |
| 1993-02-08 | Motion for leave to intervene, 2 copies | Robert Wallace Wiley |
| 1993-02-03 | Respondent's factum, 24 copies, with service | David Angelo Grant |
| 1993-01-27 | Response to the motion for leave to intervene, of Robert Wallace Wiley | Her Majesty the Queen |
| 1993-01-25 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1993-01-20 | Notice of hearing | Her Majesty the Queen |
| 1993-01-04 | Notice of constitutional question(s), With service | Her Majesty the Queen |
| 1992-12-29 | Order on motion to state a constitutional question, With service | |
| 1992-12-22 |
Decision on the motion to state a constitutional question, for Constitutional Questions see file or Registrar red book #9 @p.69. Interventions by Jan/25/1993, CJ Granted, no order as to costs |
|
| 1992-12-22 | Hearing of the motion to state a constitutional question, 1992-12-22, for Constitutional Questions see file or Registrar red book #9 @p.69. Interventions by Jan/25/1993, CJ | |
| 1992-12-22 | Submission of motion to state a constitutional question, 1992-12-22, for Constitutional Questions see file or Registrar red book #9 @p.69. Interventions by Jan/25/1993, CJ | |
| 1992-12-21 | Motion to state a constitutional question, With service | David Angelo Grant |
| 1992-12-21 | General proceeding, AMENDED NOTICE OF APPEAL, with service | Her Majesty the Queen |
| 1992-12-17 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1992-12-17 | Notice of deposit of judgment issued to all parties, Deputy Attorney General of Canada (Ottawa,ON) | |
| 1992-12-17 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1992-12-17 | Hearing of the application for leave to appeal, 1992-12-17, CJ McL Ia | |
| 1992-12-17 | All materials on application for leave submitted to the Judges, 1992-12-17, CJ McL Ia | |
| 1992-12-10 |
Decision on motion to expedite the appeal, to the January 1993 session., CJ Granted, no order as to costs |
|
| 1992-12-10 | Hearing of motion to expedite the appeal, 1992-12-10, to the January 1993 session., CJ | |
| 1992-12-10 | Submission of motion to expedite the appeal, 1992-12-10, to the January 1993 session., CJ | |
| 1992-12-10 |
Decision on motion to extend time, to serve and file the appellant's factum to Dec/07/1992., CJ Granted, no order as to costs |
|
| 1992-12-10 | Hearing of motion to extend time, 1992-12-10, to serve and file the appellant's factum to Dec/07/1992., CJ | |
| 1992-12-10 | Submission of motion to extend time, 1992-12-10, to serve and file the appellant's factum to Dec/07/1992., CJ | |
| 1992-12-10 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ Granted, no order as to costs |
|
| 1992-12-10 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1992-12-10, CJ | |
| 1992-12-10 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1992-12-10, CJ | |
| 1992-12-10 | All materials on application for leave submitted to the Judges, CJ McL I | |
| 1992-12-09 | Correspondence (sent by the Court) to, of Robert Frater to advise the Court that the A.G. of Canada does not intend to file a reply on the application for leave | |
| 1992-12-08 | Correspondence (sent by the Court) to, (by fax) of Henry S. Brown re factum of appellant written "as if" application for leave granted | |
| 1992-12-08 | Response to motion to extend time, for filing the appellant's factum to Dec. 7, 1992 | David Angelo Grant |
| 1992-12-08 | Response to motion to expedite the appeal, for the term commencing January 25, 1993 | David Angelo Grant |
| 1992-12-08 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause | David Angelo Grant |
| 1992-12-07 | Appellant's factum, 24 copies, with service | Her Majesty the Queen |
| 1992-12-04 | Respondent's response on the application for leave to appeal, 5 copies, with service | David Angelo Grant |
| 1992-12-04 | Affidavit, (of S. David Frankel) | Her Majesty the Queen |
| 1992-12-04 | Affidavit, (of S. David Frankel) | Her Majesty the Queen |
| 1992-12-04 | Affidavit, to file the appellant's factum (of S. David Frankel) | Her Majesty the Queen |
| 1992-12-03 | Correspondence (sent by the Court) to, from Robert Frater; re: motions A330-A070-A270 | |
| 1992-12-03 | Motion to expedite the appeal, of the factum, with service | Her Majesty the Queen |
| 1992-12-03 | Motion to extend time, to file the factum, with service | Her Majesty the Queen |
| 1992-12-03 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | Her Majesty the Queen |
| 1992-11-30 | Appeal perfected for hearing, Session beginning on 1993-01-25 | |
| 1992-11-24 |
Decision on motion to extend time to file and /or serve the leave application, to Nov/18/1992, L'HD Granted, no order as to costs |
|
| 1992-11-24 | Hearing of motion to extend time to file and/ or serve the leave application, 1992-11-24, to Nov/18/1992, L'HD | |
| 1992-11-24 | Submission of motion to extend time to file and/ or serve the leave application, 1992-11-24, to Nov/18/1992, L'HD | |
| 1992-11-23 | Correspondence (sent by the Court) to, from Gowling; re: respondent is opposed to the Crown filing its factum | |
| 1992-11-20 | Correspondence (sent by the Court) to, of Robert Frater to confirm that the A.G. of Can. does not intend the filing of the application to delay the inscription of the case for next term. He expects to file the factum on the appeal on or about December 4, 1992 whether or not the application has | |
| 1992-11-19 | Service, copy of the application for leave | |
| 1992-11-18 | Application for leave to appeal, 5 copies, Completed on: 1992-11-18 | Her Majesty the Queen |
| 1992-11-18 | Response to the motion to extend the time to file and / or serve the leave application, 2 copies | David Angelo Grant |
| 1992-11-18 | Affidavit, 2 copies; S. David Frankel, Q.C., with service | Her Majesty the Queen |
| 1992-11-18 | Motion to extend the time to file and or serve the application for leave to appeal, 2 copies, with service | Her Majesty the Queen |
| 1992-08-18 | Correspondence (sent by the Court) to, from Gowling, Strathy & Henderson; re: have been retained as Ottawa agents | |
| 1992-08-11 | Certified casebook | Her Majesty the Queen |
| 1992-08-10 | Case on appeal, 23 copies | Her Majesty the Queen |
| 1992-07-13 | Service, copy of the notice of appeal | |
| 1992-06-22 | $30.00 filing fee, (deducted from Justice account) | Her Majesty the Queen |
| 1992-06-22 | Notice of appeal, 3 copies | 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 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Grant, David Angelo | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Wiley, Robert Wallace | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
S. David Frankel, Q.C.
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Robert Frater
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Grant, David Angelo
Counsel
David M. Rosenberg
Rosenberg & Rosenberg
671D MARKET HILL RD
VANCOUVER, British Columbia
V5Z 4B5
Telephone: (604) 879-4505
671D MARKET HILL RD
VANCOUVER, British Columbia
V5Z 4B5
Telephone: (604) 879-4505
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Wiley, Robert Wallace
Counsel
Diana C. Cianciusi
Greg Cranston
Greg Cranston
Greg Cranston
234 ABBOTT ST
VANCOUVER, British Columbia
V6B 2K8
Telephone: (604) 688-0495
FAX: (604) 688-0201
234 ABBOTT ST
VANCOUVER, British Columbia
V6B 2K8
Telephone: (604) 688-0495
FAX: (604) 688-0201
Agent
Diana Cianciusi
Hughes & Hughes
604 - 225 METCALFE ST
Ottawa, Ontario
K2P 1P9
Telephone: (613) 563-1131
FAX: (613) 230-8297
604 - 225 METCALFE ST
Ottawa, Ontario
K2P 1P9
Telephone: (613) 563-1131
FAX: (613) 230-8297
Summary
Keywords
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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.
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Lower court rulings
October 1, 1990
Supreme Court of British Columbia
43917
Supreme Court of British Columbia
43917
Acquittal: unlawful cultivation of marijuana and possession of marijuana for the
June 2, 1992
Court of Appeal for British Columbia (Victoria)
V01301
Court of Appeal for British Columbia (Victoria)
V01301
Appeal dismissed
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.
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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.
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Date modified: 2025-05-13