Case information
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32769
Stanley James Willier v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-10-12 | Appeal closed | |
| 2010-10-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-10-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-10-08 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0703-0003-A, 2008 ABCA 126, dated April 3, 2008, heard on May 12, 2009, is dismissed. Dismissed |
|
| 2009-05-12 | Judgment reserved OR rendered with reasons to follow | |
| 2009-05-12 | Intervener's condensed book, Joint - Submitted in Court (14 copies) | Attorney General of Ontario |
| 2009-05-12 | Intervener's condensed book, Joint - Submitted in Court (14 copies) | Director of Public Prosecutions of Canada |
| 2009-05-12 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2009-05-12 | Appellant's condensed book, Submitted in Court (14 copies) | Stanley James Willier |
| 2009-05-12 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2009-05-12 |
Hearing of the appeal, 2009-05-12, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-05-11 | Correspondence received from, McCarthy Tétrault rec'd by fax, re.: request reservation of 2 seats at the hearing | Canadian Civil Liberties Association |
| 2009-05-07 | Correspondence received from, David Schermbrucker dated May 7, 2009. Re: Error at page 16 of their factum (Sent to the Court on May 8, 2009) | Director of Public Prosecutions of Canada |
| 2009-05-07 | Notice of appearance, Lauren Garcia and Mary MacDonald will be present at the hearing. | Stanley James Willier |
| 2009-05-06 |
Order by, Cha, FURTHER TO THE ORDER dated March 23, 2009, granting leave to intervene to the Director of Public Prosecutions of Canada to intervene in the Sinclair (32537) and Willier (32769) appeals; AND FURTHER TO THE ORDER dated April 16, 2009, granting leave to intervene to the Director of Public Prosecutions of Canada in the McCrimmon appeal (32969); IT IS HEREBY FURTHER ORDERED THAT the said intervener may present oral argument not exceeding ten (10) minutes at the hearing of the appeals. Granted |
|
| 2009-05-05 | Intervener's book of authorities, Joint with 32537 & 32969 (2 volumes), Completed on: 2009-05-05 | Director of Public Prosecutions of Canada |
| 2009-05-05 | Intervener's factum, Joint with 32537 & 32969, Completed on: 2009-05-05 | Director of Public Prosecutions of Canada |
| 2009-04-29 | Notice of appearance, Goran Tomljanovic and Brian Graff will be present at the hearing. | Her Majesty the Queen |
| 2009-04-28 | Notice of appearance, David Schermbrucker and Christopher Mainella will be present at the hearing. | Director of Public Prosecutions of Canada |
| 2009-04-27 | Notice of appearance, John McInnes and Deborah Krick will be present at the hearing. | Attorney General of Ontario |
| 2009-04-27 | Notice of appearance, Lauren Garcia will be present at the hearing. | Stanley James Willier |
| 2009-04-27 | Notice of appearance, Warren Milman and Michael Feder will be present at the hearing. | British Columbia Civil Liberties Association |
| 2009-04-24 |
Order by, Cha, FURTHER TO THE ORDER dated March 23, 2009, granting leave to intervene to the Attorney General of Ontario, the Criminal Lawyers' Association of Ontario, the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association in the Sinclair (32537) and Willier (32769) appeals; AND FURTHER TO THE ORDER dated March 23, 2009, granting leave to intervene to the Attorney General of British Columbia in the Willier appeal (32769); AND FURTHER TO THE ORDER dated today, granting leave to intervene to the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association in the McCrimmon appeal (32969); IT IS HEREBY FURTHER ORDERED THAT the said interveners may present oral argument not exceeding ten (10) minutes each at the hearing of the appeals. Granted |
|
| 2009-04-24 | Notice of appearance, Andras Schreck and Candice Suter will be present at the hearing. | Criminal Lawyers' Association of Ontario |
| 2009-04-23 | Notice of appearance, Joyce DeWitt-Van Oosten will be present at the hearing. | Attorney General of British Columbia |
| 2009-04-23 | Notice of appearance, Jonathan Lisus, Alexi Wood and Adam Ship will be present at the hearing. | Canadian Civil Liberties Association |
| 2009-04-21 | Intervener's book of authorities, joint with 32537 (CD-ROM rec'd April 22/09), Completed on: 2009-04-22 | Criminal Lawyers' Association of Ontario |
| 2009-04-21 | Intervener's factum, joint with 32537 (CD-ROM rec'd April 22/09), Completed on: 2009-04-22 | Criminal Lawyers' Association of Ontario |
| 2009-04-21 | Intervener's book of authorities, joint with 32537 - Vol. I & II (CD-ROM missing - rec'd April 24/09), Completed on: 2009-04-24 | Attorney General of Ontario |
| 2009-04-21 | Intervener's factum, joint with 32537 (factum and CD-ROM requested - pages have to be renumbered - rec'd April 27/09), Completed on: 2009-04-27 | Attorney General of Ontario |
| 2009-04-21 | Intervener's book of authorities, (page numbering and CD-ROM requested - CD rec'd April 23/09 and book of authorities rec'd April 27/09), Completed on: 2009-04-27 | Attorney General of British Columbia |
| 2009-04-21 | Intervener's factum, (factum page numbering and CD-ROM requested - pages renumbered in factum, CD rec'd April 23/09), Completed on: 2009-04-23 | Attorney General of British Columbia |
| 2009-04-21 | Intervener's book of authorities, joint with 32537 (CD-ROM missing - rec'd April 27/09), Completed on: 2009-04-27 | Canadian Civil Liberties Association |
| 2009-04-21 | Intervener's factum, joint with 32537 (CD-ROM missing - rec'd April 27/09), Completed on: 2009-04-27 | Canadian Civil Liberties Association |
| 2009-04-21 | Intervener's book of authorities, joint with 32537, Completed on: 2009-04-21 | British Columbia Civil Liberties Association |
| 2009-04-21 | Intervener's factum, joint with 32537, Completed on: 2009-04-21 | British Columbia Civil Liberties Association |
| 2009-03-31 | Appeal perfected for hearing | |
| 2009-03-30 | Respondent's book of authorities, Completed on: 2009-03-30 | Her Majesty the Queen |
| 2009-03-30 | Respondent's factum, Completed on: 2009-03-30 | Her Majesty the Queen |
| 2009-03-24 | Letter sent to Intervener(s) | |
| 2009-03-23 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2009-03-23 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the Director of Public Prosecutions of Canada, the Attorney General of Ontario, the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association for leave to intervene in the above appeals; AND UPON APPLICATION by the Canadian Civil Liberties Association for an extension of time to apply for leave to intervene and for leave to intervene in the above appeals; AND UPON APPLICATION by the Attorney General of British Columbia for leave to intervene in the Stanley James Willier appeal (32769); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Director of Public Prosecutions of Canada, the Attorney General of Ontario, the Attorney General of British Columbia, the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 15 pages in length on or before April 21, 2009. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 15 pages in length on or before April 21, 2009. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be 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 shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2009-03-23 | Submission of motion for leave to intervene, Cha | |
| 2009-03-03 | Response to the motion for leave to intervene, e-mail from Gowlings dated March 3/09 (by AGBC), Completed on: 2009-03-03 | Her Majesty the Queen |
| 2009-03-03 | Motion for leave to intervene, Completed on: 2009-03-03 | Attorney General of British Columbia |
| 2009-03-02 | Response to the motion for leave to intervene, e-mail from Gowlings dated March 2/09 (by CCLA), Completed on: 2009-03-02 | Her Majesty the Queen |
| 2009-03-02 | Notice of hearing sent to parties | |
| 2009-03-02 |
Appeal hearing scheduled, 2009-05-12 Judgment reserved |
|
| 2009-02-26 | Response to the motion for leave to intervene, (Letter Form), from Lauren Garcia dated Feb. 17/09 (included in motion book), Completed on: 2009-02-26 | Stanley James Willier |
| 2009-02-26 | Motion for leave to intervene, (bookform) (joint with 32537), Completed on: 2009-02-26 | Canadian Civil Liberties Association |
| 2009-02-26 | Response to the motion for leave to intervene, e-mail from Gowlings dated Feb. 26/09 (by DPPC), Completed on: 2009-02-26 | Her Majesty the Queen |
| 2009-02-25 | Motion for leave to intervene, (bookform), Completed on: 2009-02-25 | British Columbia Civil Liberties Association |
| 2009-02-25 | Motion for leave to intervene, (joint with 32537), Completed on: 2009-02-25 | Director of Public Prosecutions of Canada |
| 2009-02-24 | Response to the motion for leave to intervene, e-mail from Gowlings dated Feb. 24/09 (by AG. of Ont.), Completed on: 2009-02-24 | Her Majesty the Queen |
| 2009-02-24 | Response to the motion for leave to intervene, e-mail from Gowlings dated Feb. 24/09 (by CLA and BCCLA), Completed on: 2009-02-24 | Her Majesty the Queen |
| 2009-02-24 | Motion for leave to intervene, (joint with 32537), Completed on: 2009-02-24 | Criminal Lawyers' Association of Ontario |
| 2009-02-23 | Motion for leave to intervene, Completed on: 2009-02-23 | Attorney General of Ontario |
| 2009-02-03 | Appellant's book of authorities, Completed on: 2009-02-03 | Stanley James Willier |
| 2009-02-03 | Appellant's record, (2 volumes), Completed on: 2009-02-03 | Stanley James Willier |
| 2009-02-03 | Appellant's factum, Completed on: 2009-02-03 | Stanley James Willier |
| 2009-01-20 | Correspondence received from, G. Tomljanovic, Q.C. dated Jan. 19/09 re: he is now taken over the file in replacement of Richard Taylor, Q.C. (by fax) | Her Majesty the Queen |
| 2008-12-18 | Notice of appeal, Completed on: 2008-12-18 | Stanley James Willier |
| 2008-12-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-11-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-11-28 | Judgment on leave sent to the parties | |
| 2008-11-27 |
Judgment of the Court on the application for leave to appeal, The application for extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0703-0003-A, 2008 ABCA 126, dated April 3, 2008, are granted. This appeal should be heard with Trent Terrence Sinclair v. Her Majesty the Queen (32537). Granted |
|
| 2008-11-27 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2008-10-06 | All materials on application for leave submitted to the Judges, Bi Abe Cha | |
| 2008-10-06 | Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Cha | |
| 2008-09-24 | Respondent's response on the application for leave to appeal, Completed on: 2008-09-24 | Her Majesty the Queen |
| 2008-09-09 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-08-27 | Book of authorities | Stanley James Willier |
| 2008-08-27 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2008-08-27 | Stanley James Willier |
| 2008-08-27 | Application for leave to appeal, Completed on: 2008-09-09 | Stanley James Willier |
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 |
|---|---|---|
| Willier, Stanley James | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Willier, Stanley James
Counsel
Mary MacDonald
#300, 9924-106 Street
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: lgarcia@dsscrimlaw.com
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Her Majesty the Queen
Counsel
Brian Graff
Appeals Unit, 3rd Fl., Centrium Place
Suite 300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: goran.tomljanovic@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Ontario
Counsel
Deborah Krick
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4594
FAX: (416) 326-4656
Email: john.mcinnes@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Criminal Lawyers' Association of Ontario
Counsel
Candice Suter
20 Dundras Street West
Suite 1130, P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6268
FAX: (416) 977-8513
Email: schreck@schreckgreene.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Director of Public Prosecutions of Canada
Counsel
David Schermbrucker
515 - 234 Donald Street
Winnipeg, Manitoba
R3C 1M8
Telephone: (204) 983-8991
FAX: (204) 984-1350
Email: chris.mainella@ppsc-sppc.gc.ca
Agent
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: British Columbia Civil Liberties Association
Counsel
Michael A. Feder
1300 - 777 Dunsmuir Street
P.O. Box 10424
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7100
FAX: (604) 643-7900
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Canadian Civil Liberties Association
Counsel
Alexi N. Wood
Adam Ship
Suite 5300
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7848
FAX: (416) 868-0673
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Attorney General of British Columbia
Counsel
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-0284
FAX: (250) 387-4262
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
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.
Charter of Rights - Constitutional law - Right to counsel (s. 10(b)) - Reasonable opportunity to contact counsel of choice - Whether the Court of Appeal erred in applying the wrong test in reversing the trial judge’s decision that the Appellant had not been given a reasonable opportunity to contact his counsel of choice - Whether the Court of Appeal applied the wrong test in overturning the trial judge’s decision that there had been no waiver of the Appellant’s right to obtain advice from his counsel of choice - Whether the Court of Appeal erred in holding that the trial judge erred in excluding the Appellant’s statement pursuant to s. 24(2) of the Charter.
The accused was arrested around noon on a Saturday in connection with a murder. He was cautioned about five hours later. Around midnight, he was cautioned again. He called a legal aid lawyer with whom he had a three-minute conversation. Around 8 a.m. Sunday morning, the accused left a message with the lawyer of his choice, then once again called a legal aid lawyer with whom he talked for less than two minutes. He was later interviewed by a police investigator for approximately three hours. The interview was videotaped. At a voir dire, the accused’s statement to the police was held to be in violation of his Charter right to counsel and declared inadmissible. The accused was acquitted. The Court of Appeal allowed the Crown’s appeal and ordered a new trial.
Lower court rulings
Court of Queen’s Bench of Alberta
050231760Q1
Applicant acquitted of second degree murder
Court of Appeal of Alberta (Edmonton)
0703-0003-A, 2008 ABCA 126
Appeal allowed
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
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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.
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