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.
33301
Her Majesty the Queen v. Gordon Dwight Hurley
(Saskatchewan) (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) |
|---|---|---|
| 2010-05-19 | Appeal closed | |
| 2010-05-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-05-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-05-14 |
Judgment on the appeal rendered, CJ Bi F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1426, 2009 SKCA 86, dated August 5, 2009, heard on March 23, 2010, is dismissed and the Court of Appeal’s order of a new trial is affirmed. The application to adduce new evidence is allowed. Dismissed |
|
| 2010-05-14 |
Decision on motion to adduce new evidence, CJ Bi F Abe Cha Ro Cro, See judgment Allowed |
|
| 2010-04-06 | Transcript received, (49 pages) | |
| 2010-03-23 |
Hearing of the motion to adduce new evidence, 2010-03-23, CJ Bi F Abe Cha Ro Cro Decision reserved |
|
| 2010-03-23 | Judgment reserved OR rendered with reasons to follow | |
| 2010-03-23 |
Hearing of the appeal, 2010-03-23, CJ Bi F Abe Cha Ro Cro Judgment reserved |
|
| 2010-03-23 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2010-03-23 | Respondent's condensed book, Filed at the hearing | Gordon Dwight Hurley |
| 2010-03-23 | Appellant's condensed book, Filed at the hearing | Her Majesty the Queen |
| 2010-03-19 |
Submission of motion to adduce new evidence, 2010-03-23, CJ Bi F Abe Cha Ro Cro Decision reserved |
|
| 2010-03-19 | Response to the motion to adduce new evidence, (bookform), Completed on: 2010-03-22 | Her Majesty the Queen |
| 2010-03-16 | Motion to adduce new evidence, (bookform) (sent to the Court March 17/10), Completed on: 2010-03-16 | Gordon Dwight Hurley |
| 2010-03-08 | Notice of appearance, Morris B. Bodnar, Q.C. will be appearing | Gordon Dwight Hurley |
| 2010-02-10 | Notice of appearance, Lane Wiegers will be present at the hearing. | Her Majesty the Queen |
| 2010-01-25 | Respondent's book of authorities, Completed on: 2010-01-25 | Gordon Dwight Hurley |
| 2010-01-25 | Respondent's record, Completed on: 2010-01-25 | Gordon Dwight Hurley |
| 2010-01-25 | Respondent's factum, Completed on: 2010-01-25 | Gordon Dwight Hurley |
| 2010-01-11 | Appeal perfected for hearing | |
| 2009-11-25 | Notice of hearing sent to parties | |
| 2009-11-24 |
Appeal hearing scheduled, 2010-03-23, (start time 9:30) Judgment reserved |
|
| 2009-11-16 | Appellant's book of authorities, Completed on: 2009-11-16 | Her Majesty the Queen |
| 2009-11-16 | Appellant's record, (4 volumes), Completed on: 2009-11-16 | Her Majesty the Queen |
| 2009-11-16 | Appellant's factum, Completed on: 2009-11-16 | Her Majesty the Queen |
| 2009-09-03 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2009-08-27 | Notice of appeal, (CD-Rom rec'd Aug. 31/09), Completed on: 2009-08-31 | 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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hurley, Gordon Dwight | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
1874 Scarth Street
3rd Floor
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: lane.wiegers@gov.sk.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: Hurley, Gordon Dwight
Counsel
100-220 3rd Avenue South
Saskatoon, Saskatchewan
S7K 1M1
Telephone: (306) 664-3314
FAX: (306) 664-3354
Email: mbodnar@bwclaw.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
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.
Criminal law - Trial - Charge to jury - Testimony of jailhouse informant - Vetrovec warning - Whether the majority of the Court of Appeal erred by holding that the trial judge failed to provide the jury with an adequate Vetrovec warning - If the Vetrovec warning was inadequate, whether the majority of the Court of Appeal erred by refusing to apply the curative proviso in s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46.
The Respondent was convicted of second degree murder and sentenced to imprisonment for life. The evidence of a jailhouse informant was critical to the Crown’s case. The Respondent appealed his conviction on the basis that, among other things, the trial judge erred by failing to provide an adequate warning to the jury concerning its use of the jailhouse informant’s evidence. The majority of the Court of Appeal allowed the appeal and ordered a new trial. Hunter J.A., dissenting, would have dismissed the appeal on the ground that the trial judge’s Vetrovec warning to the jury was adequate, and even if were not, the curative proviso in s. 686(1)(b)(iii) of the Criminal Code was applicable.
Lower court rulings
Court of Appeal for Saskatchewan
1426, 2009 SKCA 86
See file / Voir dossier
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.
Downloadable PDFs
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