Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
32969
Donald Russell McCrimmon v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
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 for British Columbia (Vancouver), Number CA034450, 2008 BCCA 487, dated November 21, 2008, heard on May 12, 2009, is dismissed, LeBel, Fish and Abella JJ. dissenting. 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) | 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) | Donald Russell McCrimmon |
| 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 |
|
| 2009-05-07 | 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 |
| 2009-05-06 |
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 & 32769 (2 volumes), Completed on: 2009-05-05 | Director of Public Prosecutions of Canada |
| 2009-05-05 | Intervener's factum, Joint with 32537 & 32769, Completed on: 2009-05-05 | Director of Public Prosecutions of Canada |
| 2009-05-05 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2009-05-05 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the Criminal Lawyer’s Association of Ontario for an order extending the time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene by the Criminal Lawyer’s Association of Ontario is granted. The said intervener is permitted to rely on its factum filed on April 21, 2009, in the Sinclair (32537) and Willier (32769) appeals; The intervener 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2009-05-05 | Submission of motion for leave to intervene, Cha | |
| 2009-05-05 | Intervener's book of authorities, CD missing - Rec'd on May 8, 2009, Completed on: 2009-05-08 | Canadian Civil Liberties Association |
| 2009-05-05 | Intervener's factum, Cd missing - Rec'd on May 8, 2009, Completed on: 2009-05-08 | Canadian Civil Liberties Association |
| 2009-05-04 | Appeal perfected for hearing | |
| 2009-05-01 | Respondent's book of authorities, Cd missing - Rec'd on May 4, 2009, Completed on: 2009-05-04 | Her Majesty the Queen |
| 2009-05-01 | Respondent's factum, CD missing - Rec'd on May 4, 2009, Completed on: 2009-05-04 | Her Majesty the Queen |
| 2009-04-30 |
Appeal hearing scheduled, 2009-05-12 Judgment reserved |
|
| 2009-04-29 | Notice of appearance, Gil McKinnon and Lisa Helps will be present at the hearing. | Donald Russell McCrimmon |
| 2009-04-29 | Notice of appearance, Andras Schreck and Candice Suter will be present at the hearing. | Criminal Lawyer's Association of Ontario |
| 2009-04-28 | Notice of appearance, David Schermbrucker and Christopher Mainella will be present at the hearing. | Director of Public Prosecutions of Canada |
| 2009-04-28 | Response to the motion for leave to intervene, from Gowlings by email dated April 28/09 (by CLA), Completed on: 2009-04-28 | Donald Russell McCrimmon |
| 2009-04-28 | Response to the motion for leave to intervene, from Burke-Robertson by email dated April 28/09 (by CLA), Completed on: 2009-04-28 | Her Majesty the Queen |
| 2009-04-28 | Motion for leave to intervene, (extension of time included), Completed on: 2009-04-28 | Criminal Lawyer's Association of Ontario |
| 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 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2009-04-24 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association are granted. The intervener Canadian Civil Liberties Association shall be entitled to serve and file a factum not to exceed 15 pages in length on or before May 5, 2009. The intervener British Columbia Civil Liberties Association is permitted to rely on its factum filed on April 21, 2009, in Sinclair (32537) and Willier (32769); The intervener 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2009-04-24 | Submission of motion for leave to intervene, Cha | |
| 2009-04-23 | Notice of appearance, Mary Ainslie will be present at the hearing. | Her Majesty the Queen |
| 2009-04-22 | Response to the motion for leave to intervene, by email from Burke-Robertson dated April 22/09 (by BCCLA and CCLA), Completed on: 2009-04-22 | Her Majesty the Queen |
| 2009-04-20 | Response to the motion for leave to intervene, by email from Gowlings dated April 20/09 (by BCCLA and CCLA), Completed on: 2009-04-20 | Donald Russell McCrimmon |
| 2009-04-20 | Response to the motion for leave to intervene, (Letter Form), included in CCLA's motion, Completed on: 2009-04-20 | Donald Russell McCrimmon |
| 2009-04-20 | Motion for leave to intervene, (bookform), Completed on: 2009-04-20 | Canadian Civil Liberties Association |
| 2009-04-20 | Motion for leave to intervene, (bookform), Completed on: 2009-04-20 | British Columbia Civil LIberties Association |
| 2009-04-17 | Letter sent to Intervener(s) | |
| 2009-04-16 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2009-04-16 |
Decision on the motion for leave to intervene, Cha, The motion for leave to intervene by the Director of Public Prosecutions of Canada 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 May 5, 2009, which is to be included in the Director of Public Prosecutions of Canada's intervener's factum in the related appeals in Sinclair v. R. (32537) and Willier v. R. (32769) and to serve and file a book of authorities. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2009-04-16 | Submission of motion for leave to intervene, Cha | |
| 2009-04-14 | Appellant's book of authorities, CD rec'd on April 16, 2009, Completed on: 2009-04-16 | Donald Russell McCrimmon |
| 2009-04-14 | Appellant's record, (3 volumes), Completed on: 2009-04-16 | Donald Russell McCrimmon |
| 2009-04-14 | Appellant's factum, CD rec'd on April 16, 2009, Completed on: 2009-04-16 | Donald Russell McCrimmon |
| 2009-04-07 | Response to the motion for leave to intervene, from Mr. Van Bemmel by email dated April 7/09, Completed on: 2009-04-07 | Donald Russell McCrimmon |
| 2009-04-06 | Response to the motion for leave to intervene, from Ms. Collins by email dated April 6/09, Completed on: 2009-04-06 | Her Majesty the Queen |
| 2009-04-06 | Motion for leave to intervene, (original and 2 copies rec'd April 8/09), Completed on: 2009-04-06 | Director of Public Prosecutions of Canada |
| 2009-03-19 | Correspondence (sent by the Court) to, Revised Timtable sent to all parties | |
| 2009-03-19 | Correspondence received from, Gowlings by e-mail, re.: Appellant's Factum will be filed by April 14, 2009 | Donald Russell McCrimmon |
| 2009-03-18 | Notice of appeal, Form 25B, CD rec'd Mar. 19/09, Completed on: 2009-03-18 | Donald Russell McCrimmon |
| 2009-03-18 | Notice of hearing sent to parties | |
| 2009-03-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-03-18 | Judgment on leave sent to the parties | |
| 2009-03-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-03-17 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA034450, 2008 BCCA 487, dated November 21, 2008, are granted. The appeal is to be heard with the appeals Trent Terrence Sinclair v. Her Majesty the Queen (32537) and Stanley James Willier v. Her Majesty the Queen (32769) on May 12, 2009. The schedule for serving and filing material will be set by the Registrar. Granted |
|
| 2009-03-17 |
Decision on motion to expedite the application for leave to appeal, (see judgment) Granted |
|
| 2009-03-09 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-03-09 | Submission of motion to expedite the application for leave to appeal, CJ Abe Ro | |
| 2009-02-03 | Applicant's reply to respondent's argument, Joint with reply to motion to expedite, Completed on: 2009-02-03 | Donald Russell McCrimmon |
| 2009-01-30 | Response to the motion to expedite the application for leave to appeal, Included in the response, Completed on: 2009-01-30 | Her Majesty the Queen |
| 2009-01-30 | Respondent's response on the application for leave to appeal, Completed on: 2009-01-30 | Her Majesty the Queen |
| 2009-01-21 | Motion to expedite the application for leave to appeal, Completed on: 2009-01-21 | Donald Russell McCrimmon |
| 2009-01-21 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2009-01-16 | Book of authorities, Orignal and service coming- recvd Jan 20 | Donald Russell McCrimmon |
| 2009-01-16 | Application for leave to appeal, Formal Order outstanding - Revised 25B recvd Jan 25/09, Completed on: 2009-01-16 | Donald Russell McCrimmon |
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 |
|---|---|---|
| McCrimmon, Donald Russell | 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 |
| British Columbia Civil LIberties Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Criminal Lawyer's Association of Ontario | Intervener | Active |
Counsel
Party: McCrimmon, Donald Russell
Counsel
Gil D. McKinnon, Q.C.
Christopher J. Nowlin
LIsa Helps
Christopher J. Nowlin
LIsa Helps
1500 - 701 West Georgia Street
Vancouver, British Columbia
V7Y 1C6
Telephone: (604) 601-5616
FAX: (604) 601-5617
Email: gdm2004@shaw.ca
Vancouver, British Columbia
V7Y 1C6
Telephone: (604) 601-5616
FAX: (604) 601-5617
Email: gdm2004@shaw.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
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: Her Majesty the Queen
Counsel
Mary T. Ainslie
Attorney General of British Columbia
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mary.ainslie@gov.bc.ca
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mary.ainslie@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Director of Public Prosecutions of Canada
Counsel
Christopher Mainella
David Schermbrucker
David Schermbrucker
Public Prosecution Service of Canada
515 - 234 Donald Street
Winnipeg, Manitoba
R3C 1M8
Telephone: (204) 983-8991
FAX: (204) 984-1350
Email: chris.mainella@ppsc-sppc.gc.ca
515 - 234 Donald Street
Winnipeg, Manitoba
R3C 1M8
Telephone: (204) 983-8991
FAX: (204) 984-1350
Email: chris.mainella@ppsc-sppc.gc.ca
Agent
François Lacasse
Director of Public Prosecutions of Canada
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
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
Warren B. Milman
McCarthy Tétrault LLP
1300 - 777 Dunsmuir Street
P.O. Box 10424
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7100
FAX: (604) 643-7900
1300 - 777 Dunsmuir Street
P.O. Box 10424
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7100
FAX: (604) 643-7900
Agent
Colin S. Baxter
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
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
Jonathan C. Lisus
Alexi N. Wood
Adam Ship
Alexi N. Wood
Adam Ship
McCarthy Tétrault LLP
Suite 5300
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7848
FAX: (416) 868-0673
Suite 5300
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7848
FAX: (416) 868-0673
Agent
Colin S. Baxter
McCarthy Tétrault LLP
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Criminal Lawyer's Association of Ontario
Counsel
P. Andras Schreck
Candice Suter
Candice Suter
Schreck & Greene
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
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
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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
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
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.
(Publication ban in case)
Charter of Rights - Constitutional law - Right to counsel - Reasonable opportunity to contact counsel of choice - Right to silence - Whether s. 10(b) of the Charter requires police to suspend questioning when detainee asserts right to counsel prior to and during interrogation.
Mr. McCrimmon was charged on an eight-count indictment with a number of offences relating to assaults committed against four women during a two-month period in 2005. At a voir dire, Mr. McCrimmon’s statement to police, in which he had implicated himself in certain offences of which he was later convicted, was ruled voluntary and it was decided that he had not been denied his right to counsel. At trial, he was convicted of two counts of sexual assault and two counts of administering a noxious substance. On appeal, Mr. McCrimmon argued that the trial judge erred in admitting the statement made by him to the police following his arrest. The Court of Appeal found that both Mr. McCrimmon’s right to counsel and his right to silence had not been breached. The appeal was therefore dismissed.
Lower court rulings
May 19, 2006
Provincial Court of British Columbia
51133-2-C
Provincial Court of British Columbia
51133-2-C
Voir dire; Applicant's statement ruled admissible
June 6, 2006
Provincial Court of British Columbia
Provincial Court of British Columbia
Applicant convicted of one count of sexual assault, one count of assault causing bodily harm, and two counts of administering a noxious substance
November 21, 2008
Court of Appeal for British Columbia (Vancouver)
CA034450; 2008 BCCA 487
Court of Appeal for British Columbia (Vancouver)
CA034450; 2008 BCCA 487
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.
Downloadable PDFs
Not available
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.
Downloadable PDFs
Not available
Related links
Date modified: 2025-02-27