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.
33911
Damon William Knott, et al. v. Her Majesty the Queen, et al.
(British Columbia) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-08-10 | Appeal closed | |
| 2012-08-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-08-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-07-31 |
Judgment on the appeal rendered, CJ De F Abe Ro Mo Ka, The appeals from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA036904, CA036977 and CA037293, 2010 BCCA 386, dated August 26, 2010, heard on December 14, 2011, are dismissed. The judgment of the British Columbia Court of Appeal is affirmed. Dismissed |
|
| 2012-01-06 | Transcript received, (54 pages) | |
| 2011-12-14 | Judgment reserved OR rendered with reasons to follow | |
| 2011-12-14 | General proceeding, Questionnaire following the hearing concerning the publication ban | D.A.P. |
| 2011-12-14 | General proceeding, Questionnaire following the hearing concerning the publication ban | Her Majesty the Queen |
| 2011-12-14 | General proceeding, Questionnaire following the hearing concerning the publication ban | Damon William Knott |
| 2011-12-14 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2011-12-14 | Appellant's condensed book, Submitted in Court - Joint (14 copies) | Damon William Knott |
| 2011-12-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-12-14 |
Hearing of the appeal, 2011-12-14, CJ De F Abe Ro Mo Ka Judgment reserved |
|
| 2011-12-12 | Correspondence received from, Eric Purtzki dated December 9, 2011. Re: Error at paragraph 23 of the appellant's factum | D.A.P. |
| 2011-12-08 | Supplemental document, Joint supplementary authorities, Completed on: 2011-12-08 | Damon William Knott |
| 2011-09-26 | Notice of appearance, Michael Brundrett will be present at the hearing. | Her Majesty the Queen |
| 2011-08-30 | Notice of appearance, Anna King and Eric Purtzki will be present at hearing | Damon William Knott |
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-08-24 | Correspondence received from, Anna King dated Aug. 23/11 re: new contact information (address and firm) (by fax) | Damon William Knott |
| 2011-07-22 |
Appeal hearing scheduled, 2011-12-14, (start time 9:00am) Judgment reserved |
|
| 2011-07-19 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2011-07-19 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Attorney General of Ontario is dismissed Dismissed |
|
| 2011-07-19 | Submission of motion for leave to intervene, LeB | |
| 2011-07-13 | Appeal perfected for hearing | |
| 2011-07-08 | Respondent's book of authorities, 1 copy missing (received on July 20), Completed on: 2011-07-20 | Her Majesty the Queen |
| 2011-07-08 | Respondent's factum, CD to come (rec'd July 22/11), Completed on: 2011-07-21 | Her Majesty the Queen |
| 2011-07-05 | Respondent's record, Completed on: 2011-07-05 | Her Majesty the Queen |
| 2011-06-24 | Reply to the motion for leave to intervene, Completed on: 2011-06-24 | Attorney General of Ontario |
| 2011-06-20 | Response to the motion for leave to intervene, Completed on: 2011-06-20 | Damon William Knott |
| 2011-06-10 | Response to the motion for leave to intervene, email from Burke-Robertson dated June 10/11, Completed on: 2011-06-10 | Her Majesty the Queen |
| 2011-06-09 | Motion for leave to intervene, Completed on: 2011-06-09 | Attorney General of Ontario |
| 2011-05-18 | Appellant's book of authorities, Joint (2 volumes), Completed on: 2011-05-18 | Damon William Knott |
| 2011-05-18 | Appellant's factum, Joint, Completed on: 2011-05-18 | Damon William Knott |
| 2011-05-11 | Appellant's record, Joint, Completed on: 2011-05-11 | Damon William Knott |
| 2011-04-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-02-28 | Correspondence received from, Michael Brundrett dated February 28, 2011. Re: Corrected order of the Probation Order filed | Her Majesty the Queen |
| 2011-02-23 | Notice of appeal, CA037293, Completed on: 2011-02-23 | D.A.P. |
| 2011-02-23 | Notice of appeal, CA036904, Completed on: 2011-02-23 | Damon William Knott |
| 2011-02-23 | Notice of appeal, CA036977, Completed on: 2011-02-23 | Damon William Knott |
| 2011-02-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-02-11 | Judgment on leave sent to the parties | |
| 2011-02-10 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA036904, CA036977 and CA037293, 2010 BCCA 386, dated August 26, 2010, are granted without costs. Granted, without costs |
|
| 2011-01-17 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-12-03 | Applicant's reply to respondent's argument, Completed on: 2010-12-03 | Damon William Knott |
| 2010-11-23 | Respondent's response on the application for leave to appeal, Completed on: 2010-11-23 | Her Majesty the Queen |
| 2010-10-27 | Letter acknowledging receipt of a complete application for leave to appeal, THIRD APPLICATION | |
| 2010-10-27 | Letter acknowledging receipt of a complete application for leave to appeal, for FIRST AND SECOND APPLICATION | |
| 2010-10-27 | Correspondence received from, Ed Van Bemmel, by email dated Oct. 27, 2010 re: change of address and nos. of E. Purtzki | D.A.P. |
| 2010-10-25 | Application for leave to appeal, THIRD APPLICATION- Amended Form 25B rec'd Oct. 26, 2010, Completed on: 2010-10-25 | D.A.P. |
| 2010-10-25 | Application for leave to appeal, SECOND APPLICATION, all reasons and memorandum of argument are contained in the first application, Completed on: 2010-10-25 | Damon William Knott |
| 2010-10-25 | Application for leave to appeal, FIRST APPLICATION, Completed on: 2010-10-25 | Damon William Knott |
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 |
|---|---|---|
| Knott, Damon William | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| D.A.P. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Knott, Damon William
Counsel
Vancouver, British Columbia
V5V 3N9
Telephone: (778) 994-2164
FAX: (604) 677-6071
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: D.A.P.
Counsel
Vancouver, British Columbia
V6B 2L3
Telephone: (604) 662-8167
FAX: (604) 608-1919
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
865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mike.brundrett@gov.bc.ca
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.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY)
Criminal Law – Sentencing – Probation – Additional Sentences – Whether s. 139(1) of the Corrections and Conditional Release Act, S.C. 1992, c. 20 merges sentences for the purpose of section 731(1) of the Criminal Code R.S.C. 1985, c. C-46 – Whether s. 731(1) of the Criminal Code is capable of being interpreted as applying to more than one sentence of imprisonment – Whether a remnant analysis applies –Whether the Court of Appeal filed to adhere to the recognized methods of interpreting statutory provisions that deprive offender’s of liberty.
Damon William Knott was serving concurrent sentences of imprisonment, each followed by probation and the longest being two years, when he was sentenced to six months consecutive and then 8 months concurrent sentences plus probation. D.A.P. was serving two years less a day plus probation when he was sentenced to three years’ imprisonment, concurrent.
Lower court rulings
Provincial Court of British Columbia
Damon William Knott sentenced to 2 years imprisonment, 3 years probation
Provincial Court of British Columbia
45179-1, 45295-1
Damon William Knott sentenced to 16 months imprisonment concurrent, 3 years probation
Provincial Court of British Columbia
Damon William Knott sentenced to 6 months imprisonment, consecutive
Provincial Court of British Columbia
Damon William Knott sentenced to 8 months imprisonment concurrent, 1 year probation
Provincial Court of British Columbia
D.A.P. sentenced to 2 years less a deay conditional, 3 years of probation
Provincial Court of British Columbia
D.A.P. sentenced to 3 years imprisonment, concurrent; Conditional sentence converted to imprisonment
Court of Appeal for British Columbia (Vancouver)
2010 BCCA 386, CA036904, CA036977, CA037293
Appeals 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
Not available