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.
33735
Derek Dwight Bruce v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2011-03-18 | Appeal closed | |
| 2011-02-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-02-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-02-02 |
Judgment on the appeal rendered, LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0903-0150-A, 2010 ABCA 131, dated April 22, 2010, heard on January 19, 2011, is dismissed, Fish J. dissenting. Dismissed |
|
| 2011-02-02 | Transcript received, (21 pages) | |
| 2011-01-19 | Judgment reserved OR rendered with reasons to follow | |
| 2011-01-19 |
Hearing of the appeal, 2011-01-19, LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-01-19 | Appellant's condensed book, Filed in Court (14 copies) | Derek Dwight Bruce |
| 2011-01-19 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-01-10 | Notice of appearance, David Marriott will be present at the hearing. | Her Majesty the Queen |
| 2011-01-05 | Notice of appearance, Akram Attia and Daryl Royer will be present at the hearing. | Derek Dwight Bruce |
| 2010-11-16 | Notice of hearing sent to parties | |
| 2010-11-16 |
Appeal hearing scheduled, 2011-01-19, (start time 9:30 am), previously January 25, 2011 Judgment reserved |
|
| 2010-11-02 | Correspondence (sent by the Court) to, (Letter Form), all parties, by fax, re: amended hearing date | |
| 2010-10-25 | Appeal perfected for hearing | |
| 2010-10-19 | Respondent's book of authorities, Completed on: 2010-10-19 | Her Majesty the Queen |
| 2010-10-19 | Respondent's record, Completed on: 2010-10-19 | Her Majesty the Queen |
| 2010-10-19 | Respondent's factum, Completed on: 2010-10-19 | Her Majesty the Queen |
| 2010-09-07 | Appellant's book of authorities, Completed on: 2010-09-07 | Derek Dwight Bruce |
| 2010-09-07 | Appellant's record, Completed on: 2010-09-07 | Derek Dwight Bruce |
| 2010-09-07 | Appellant's factum, Completed on: 2010-09-07 | Derek Dwight Bruce |
| 2010-07-08 | Notice of change of counsel, from Mr. Couillard to David C. Marriott, Q.C. | Her Majesty the Queen |
| 2010-06-25 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-06-18 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2010-06-18 |
Decision on motion to extend time to serve and/or file notice of appeal, to June 14/10, Cha Granted |
|
| 2010-06-18 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Cha | |
| 2010-06-17 | Response to motion to extend time to serve and/or file notice of appeal, Completed on: 2010-06-17 | Her Majesty the Queen |
| 2010-06-14 | Motion to extend the time to serve and/or file the notice of appeal, Completed on: 2010-06-14 | Derek Dwight Bruce |
| 2010-06-14 | Notice of appeal, Completed on: 2010-06-14 | Derek Dwight Bruce |
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 |
|---|---|---|
| Bruce, Derek Dwight | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Bruce, Derek Dwight
Counsel
Daryl J. Royer
#200, 10525 Jasper Avenue
Edmonton, Alberta
T5J 1Z4
Telephone: (780) 424-3334
FAX: (780) 424-4252
Email: Akram.Attia@AttiaLaw.com
Agent
Suite 4 - 200 Cooper Street
Ottawa, Ontario
K2P 0G1
Telephone: (613) 564-0006
FAX: (613) 564-0400
Email: jfoord@foordlaw.ca
Party: Her Majesty the Queen
Counsel
3rd Floor, 9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: david.marriott@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
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 - Evidence - Identification - Whether the trial judge erred by drawing inferences from evidence which did not flow logically and reasonably from that evidence - Whether the trial judge erred in drawing factual conclusions based on speculation and not reasonable inferences - Whether the trial judge failed to properly apply the standard of reasonable doubt - Whether the trial judge erred in limiting his assessment to the credibility of the complainant instead of considering whether, apart from credibility, the complainant’s evidence was sufficiently reliable to warrant convictions - Whether the trial judge erred by failing to appreciate the evidence.
The Appellant was tried by judge alone and convicted of breaking and entering a dwelling house and committing the indictable offence of assault causing bodily harm. He was also convicted of having in his possession a weapon for a purpose dangerous to the public peace. On appeal, the Appellant challenged the adequacy of the evidence identifying him as an assailant. The majority of the Court of Appeal dismissed the appeal on the basis that the trial judge’s decision was reasonable and supported by the evidence. Berger J.A., dissenting, would have allowed the appeal and ordered a new trial on the basis that the trial judge failed to address or take in to account evidence which cast doubt on the identification of the Appellant.
Lower court rulings
Court of Queen’s Bench of Alberta
081481889P1
See file
Court of Appeal of Alberta (Edmonton)
0903-0150-A, 2010 ABCA 131
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
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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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