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.
33737
Jonathan David Bacon v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2011-03-03 | Transcript received, (18 pages) | |
| 2011-02-22 | Close file on Leave | |
| 2011-02-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-02-17 | Judgment on leave sent to the parties | |
| 2011-02-14 |
Judgment of the Court on the application for leave to appeal Dismissed |
|
| 2011-02-14 |
Hearing of the application for leave to appeal, 2011-02-14, CJ Abe Cro Decision rendered |
|
| 2011-02-14 | General proceeding, All parties consented to the public proceedings | Jonathan David Bacon |
| 2011-02-14 | Supplemental document, Condense book filed at the hearing | Her Majesty the Queen |
| 2011-02-02 | Correspondence received from, Kimberly M. Eldred will be appearing | Jonathan David Bacon |
| 2011-01-04 | Correspondence received from, agent for the applicant dated Jan-4-11 re: requesting an adjournment | Jonathan David Bacon |
| 2010-12-09 | Appeal hearing scheduled, 2011-02-14, (Oral hearing on application for leave to appeal) (start time 2:00 pm) | |
| 2010-12-09 | Correspondence (sent by the Court) to, all parities dated Dec-09-10 re: date of oral hearing on leave | |
| 2010-11-19 | Correspondence received from, Mr. Riley wishes to appear by videoconference. | Her Majesty the Queen |
| 2010-11-19 | Judgment on leave sent to the parties, (Order on request for oral hearing) | |
| 2010-11-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-11-18 |
Order by, CJ Abe Cro, The request for an oral hearing of the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA036241, 2010 BCCA 135, dated March 18, 2010, is granted. The hearing date will be fixed by the Registrar. Granted |
|
| 2010-11-18 |
Decision on motion to extend time to file and /or serve the leave application, The motions for an extension of time to serve and file the application for leave to appeal and to file an affidavit in support of the motion for an extension of time are granted. Granted |
|
| 2010-11-18 |
Decision on motion to extend time, The motions for an extension of time to serve and file the application for leave to appeal and to file an affidavit in support of the motion for an extension of time are granted. Granted |
|
| 2010-09-13 |
All materials on application for leave submitted to the Judges, 2011-02-14, CJ Abe Cro Decision rendered |
|
| 2010-09-13 | Submission of motion to extend time to file and/ or serve the leave application, CJ Abe Cro | |
| 2010-09-13 | Submission of motion to extend time, CJ Abe Cro | |
| 2010-09-02 | Response to motion to extend time, (Letter Form), from W. Paul Riley dated Sept. 1/10 (to file the affidavit of Kimberly Eldred and the leave application), Completed on: 2010-09-02 | Her Majesty the Queen |
| 2010-08-23 | Affidavit, (Supplemental Affidavit of Kimberly M. Eldred in support of the extension of time for leave to appeal) | Jonathan David Bacon |
| 2010-08-23 | Motion to extend time, to serve and file the supplemental affidavit of Kimberly M. Eldred in support of the extension of time for leave to appeal, Completed on: 2010-08-23 | Jonathan David Bacon |
| 2010-08-23 | Applicant's reply to respondent's argument, Completed on: 2010-08-23 | Jonathan David Bacon |
| 2010-08-13 | Response to the motion to extend the time to file and / or serve the leave application, included in response, Completed on: 2010-08-13 | Her Majesty the Queen |
| 2010-08-13 | Respondent's response on the application for leave to appeal, Response to the mot. for ext. of time incl. in response to leave appl., Completed on: 2010-08-13 | Her Majesty the Queen |
| 2010-06-21 | Correspondence received from, François Lacasse (by email) dated June 21/10 re: is the Ott. agent | Her Majesty the Queen |
| 2010-06-17 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-06-15 | Motion to extend the time to file and or serve the application for leave to appeal, included in application (Supplemental affidavit of Kimberly M. Eldred filed Aug. 23/10), Completed on: 2010-06-15 | Jonathan David Bacon |
| 2010-06-15 | Application for leave to appeal, Oral Hearing Requested pursuant to s. 43(1.2) (complete C/A order and indictment rec'd Sept. 1/10), Completed on: 2010-06-15 | Jonathan David Bacon |
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 |
|---|---|---|
| Bacon, Jonathan David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Bacon, Jonathan David
Counsel
Kimberly M. Eldred
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 687-9831
FAX: (604) 687-7089
Email: kenwestlake@telus.net
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: Her Majesty the Queen
Counsel
Charles F. Hough
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0704
FAX: (604) 666-1599
Email: paul.riley@sppc-ppsc.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
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 – Appeal – Search warrants – Arrest – Reasonable grounds – Whether the police can bring a successive application for a search warrant on the same facts before another judicial officer – Does or should a judicial finding that there are insufficient grounds to issue a search warrant affect a police officer’s belief in the existence of a reasonable and probable grounds to arrest – Can a reviewing judge quash a search warrant in order to protect the integrity of the prior judicial authorization process?
The trial judge acquitted the applicant, Jonathan Bacon on a 15 count information charging drugs and weapons offences, after excluding evidence seized incidental to an arrest that he found unlawful and evidence gathered pursuant to a search warrant that he found to be invalid. The Crown appealed the verdict. The Court of Appeal allowed the appeal, set aside the acquittal and ordered a new trial.
Lower court rulings
Provincial Court of British Columbia
Oral reasons on voir dire allowing defence motion to exclude evidence and dismissing charges against the accused
Provincial Court of British Columbia
62304-2C, 2008 BCPC 204
Written reasons allowing defence motion to exclude evidence and dismissing charges against the accused
Court of Appeal for British Columbia (Vancouver)
CA036241, 2010 BCCA 135
Appeal from acquittal allowed, acquittal set aside and a new trial ordered
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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