Case information
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34609
Diane Knopf, Warden of Mission Institution, et al. v. Gurkirpal Singh Khela
(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) |
|---|---|---|
| 2014-03-31 | Appeal closed | |
| 2014-03-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-03-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-03-27 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA038224, 2011 BCCA 450, dated November 9, 2011, heard on October 16, 2013, is dismissed without costs. However, Mr. Khela is now lawfully incarcerated in Kent institution and is not, therefore, to be returned to a medium security facility at this time. Dismissed, without costs |
|
| 2013-10-30 | Transcript received, (111 pages) | |
| 2013-10-16 | Intervener's condensed book, (Book Form), filed in Court | British Columbia Civil Liberties Association |
| 2013-10-16 | Intervener's condensed book, (Book Form), filed in Court | Canadian Civil Liberties Association |
| 2013-10-16 | Judgment reserved OR rendered with reasons to follow | |
| 2013-10-16 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-10-16 |
Hearing of the appeal, 2013-10-16, CJ LeB Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-10-16 | Respondent's condensed book, (Book Form), filed in Court | Gurkirpal Singh Khela |
| 2013-10-16 | Appellant's condensed book, (Book Form), filed in Court | Diane Knopf, Warden of Mission Institution |
| 2013-10-11 | Supplemental document, (Book Form), Supplemental Authorities, Completed on: 2013-10-11 | Gurkirpal Singh Khela |
| 2013-10-07 | Notice of appearance, Michael Jackson, Q.C. and Joana Thackeray will be appearing | British Columbia Civil Liberties Association |
| 2013-09-27 | Correspondence received from, 2 reserved seats requested | Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada |
| 2013-09-27 | Notice of appearance, Allan Manson and Elizabeth Thomas will be appearing | Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada |
| 2013-09-27 | Notice of appearance, D. Lynne Watt and Matthew Estabrooks will be appearing | Canadian Civil Liberties Association |
| 2013-09-27 | Notice of appearance, Bibhas D. Vaze and Michael S.A. Fox will be appearing | Gurkirpal Singh Khela |
| 2013-09-26 | Correspondence received from, 2 reserved seats requested | Diane Knopf, Warden of Mission Institution |
| 2013-09-26 | Notice of appearance, Anne M. Turley and Jan Brongers will be appearing | Diane Knopf, Warden of Mission Institution |
| 2013-08-22 | Notice of hearing sent to parties | |
| 2013-08-21 |
Appeal hearing scheduled, 2013-10-16 Judgment reserved |
|
| 2013-08-09 |
Order by, Ro, FURTHER TO THE ORDER dated May 22, 2013, granting leave to intervene to the Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada, the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the said three interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2013-07-17 | Intervener's book of authorities, (Book Form), Completed on: 2013-07-17 | Canadian Civil Liberties Association |
| 2013-07-17 | Intervener's factum, (Book Form), Completed on: 2013-07-17 | Canadian Civil Liberties Association |
| 2013-07-16 | Intervener's book of authorities, Completed on: 2013-07-16 | Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada |
| 2013-07-16 | Intervener's factum, Completed on: 2013-07-16 | Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada |
| 2013-07-16 | Intervener's book of authorities, Completed on: 2013-07-16 | British Columbia Civil Liberties Association |
| 2013-07-16 | Intervener's factum, Completed on: 2013-07-16 | British Columbia Civil Liberties Association |
| 2013-06-25 | Supplemental document, Supplemental record, Completed on: 2013-06-25 | Diane Knopf, Warden of Mission Institution |
| 2013-06-18 | Order on motion to adduce new evidence, (by MOLDAVER J.) | |
| 2013-06-18 |
Decision on motion to adduce new evidence, Mo, UPON APPLICATION by the appellants for an order to adduce fresh evidence comprising the affidavit of Chelsea Clogg sworn March 21, 2013; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2013-06-18 | Submission of motion to adduce new evidence, Mo | |
| 2013-06-11 | Discontinuance of motion to extend time | Gurkirpal Singh Khela |
| 2013-05-31 | Order on motion to extend time | |
| 2013-05-31 |
Decision on motion to extend time, DeRg, to serve and file the respondent's book of authorities to May 30, 2013 Granted |
|
| 2013-05-31 | Submission of motion to extend time, DeRg | |
| 2013-05-30 | Respondent's book of authorities, (2 volumes), Completed on: 2013-05-30 | Gurkirpal Singh Khela |
| 2013-05-30 | Response to motion to extend time, from Anne Turley by fax, re: consents to the motion for extension of time, Completed on: 2013-05-30 | Diane Knopf, Warden of Mission Institution |
| 2013-05-30 | Motion to extend time, (Letter Form), to serve and file the Respondent's book of authorities to May 30, 2013, Completed on: 2013-05-31 | Gurkirpal Singh Khela |
| 2013-05-30 | Appeal perfected for hearing | |
| 2013-05-28 | Respondent's record, Completed on: 2013-05-28 | Gurkirpal Singh Khela |
| 2013-05-28 | Respondent's factum, Completed on: 2013-05-29 | Gurkirpal Singh Khela |
| 2013-05-23 | Response to motion to extend time, (Letter Form), from Jan Brongers dated May 23/13, Completed on: 2013-05-23 | Diane Knopf, Warden of Mission Institution |
| 2013-05-22 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2013-05-22 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada, the Canadian Civil Liberties Association and the British Columbia 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 of the Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada, the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association are granted and the said three interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before July 17, 2013. To the extent that the interests are similar, interveners shall consult to avoid repetition. 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. The interveners are not 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 interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention Granted |
|
| 2013-05-22 | Submission of motion for leave to intervene, Ro | |
| 2013-05-10 | Motion to extend time, to serve and file the response to the motion to adduce fresh evidence to 10 days after the completion of the cross-examination of the deponent Chealsea Clogg on her affidavit, Completed on: 2013-05-10 | Gurkirpal Singh Khela |
| 2013-05-06 | Response to the motion for leave to intervene, (Letter Form), from Anne M. Turley dated May 6/13 re: response to all motions for intervention, Completed on: 2013-05-06 | Diane Knopf, Warden of Mission Institution |
| 2013-05-06 | Correspondence received from, Anne M. Turley dated May 6/13 re: change of counsel (joint with response to interventions) | Diane Knopf, Warden of Mission Institution |
| 2013-05-03 | Response to the motion for leave to intervene, (Letter Form), from Gowling dated May 1/13 re: response to all motions for leave to intervene, Completed on: 2013-05-03 | Gurkirpal Singh Khela |
| 2013-04-30 | Motion for leave to intervene, (Book Form), Completed on: 2013-04-30 | British Columbia Civil Liberties Association |
| 2013-04-30 | Motion for leave to intervene, Completed on: 2013-04-30 | Canadian Civil Liberties Association |
| 2013-04-26 | Motion for leave to intervene, (Book Form), Completed on: 2013-04-26 | Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada |
| 2013-04-02 | Appellant's book of authorities, (4 volumes), Completed on: 2013-04-02 | Diane Knopf, Warden of Mission Institution |
| 2013-04-02 | Appellant's record, Completed on: 2013-04-02 | Diane Knopf, Warden of Mission Institution |
| 2013-04-02 | Appellant's factum, Completed on: 2013-04-02 | Diane Knopf, Warden of Mission Institution |
| 2013-04-02 | Motion to adduce new evidence, (Book Form), comprising the affidavit of Chelsea Clogg sworn March 21, 2013, Completed on: 2013-04-02 | Diane Knopf, Warden of Mission Institution |
| 2012-12-21 | Notice of appeal, Completed on: 2012-12-21 | Diane Knopf, Warden of Mission Institution |
| 2012-12-12 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-11-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-11-23 | Judgment on leave sent to the parties | |
| 2012-11-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA038224, 2011 BCCA 450, dated November 9, 2011, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2012-11-01 | Correspondence received from, Banafsheh Sokhansanj, dated Nov.1/12, by fax, Re: Final CA Order (submitted to the panel on Nov.2/12) | Diane Knopf, Warden of Mission Institution |
| 2012-10-30 | Correspondence received from, Banafsheh Sokhansanj dated Oct 30/12 re: orders being entered by the BCCA | Diane Knopf, Warden of Mission Institution |
| 2012-08-24 | Correspondence received from, Banafsheh Sokhansanj dated August 23/12 re: Draft Court of Appeal Order | Diane Knopf, Warden of Mission Institution |
| 2012-05-09 | Correspondence received from, Banafsheh Sokhansanj, fax dated May 9, 2012, re.: Parties returned to BCCA to finalize C/A order | Diane Knopf, Warden of Mission Institution |
| 2012-04-16 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-03-09 | Correspondence received from, Moira Taylor, fax dated March 9, 2012, re.: updated address for Mr. Vaze. | Gurkirpal Singh Khela |
| 2012-03-08 | Order on motion to extend time, (BY THE REGISTRAR) | |
| 2012-03-08 |
Decision on motion to extend time, Reg, UPON APPLICATION by counsel on behalf of the respondents for an order extending the time within which to serve and file a joint response to the three applications for leave to appeal to February 8, 2012. IT IS ORDERED that the motion is granted. Granted |
|
| 2012-03-08 | Submission of motion to extend time, Reg | |
| 2012-03-06 | Correspondence received from, Banafesheh Sokhansanj, fax dated March 5, 2012, re.: Final C/A order will require more time to be submitted. | Diane Knopf, Warden of Mission Institution |
| 2012-02-27 | Response to motion to extend time, (Letter Form), Completed on: 2012-02-27 | Diane Knopf, Warden of Mission Institution |
| 2012-02-23 | Motion to extend time, to serve and file the respondent's response to Feb.8/12 (joint with 34607 and 34608), Completed on: 2012-02-23 | Gurkirpal Singh Khela |
| 2012-02-20 | Applicant's reply to respondent's argument, Completed on: 2012-02-20 | Diane Knopf, Warden of Mission Institution |
| 2012-02-13 | Order on miscellaneous motion | |
| 2012-02-13 |
Decision on the miscellaneous motion, for an order accepting the leave application as filed, namely printed on the right side, Reg Granted |
|
| 2012-02-13 | Submission of miscellaneous motion, Reg | |
| 2012-02-08 | Respondent's response on the application for leave to appeal, One response was submitted for all 3 applications, Form 25B missing (rec'd Feb.13, 2012), motion to extend time missing (rec'd Feb.23/12), Completed on: 2012-03-07 | Gurkirpal Singh Khela |
| 2012-01-31 | Correspondence received from, SOKHANSANJ, BANAFSHEH, dated Jan. 31, 2012, re.: Return of the C/A order form - Order will be filed with the Court on Feb.29, 2012 | Diane Knopf, Warden of Mission Institution |
| 2012-01-10 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2012-01-09 | Notice of miscellaneous motion, (to accept application for leave to appeal as filed), Completed on: 2012-01-09 | Diane Knopf, Warden of Mission Institution |
| 2012-01-09 | Application for leave to appeal, 2 volumes, Final C/A order rec'd Nov. 1/12, Completed on: 2012-01-09 | Diane Knopf, Warden of Mission Institution |
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 |
|---|---|---|
| Diane Knopf, Warden of Mission Institution | Appellant | Active |
| Harold Massey, Warden of Kent Institution | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Khela, Gurkirpal Singh | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Diane Knopf, Warden of Mission Institution
Counsel
Jan Brongers
Department of Justice
50 O'Connor Street, Suite 500, Room 558
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6291
FAX: (613) 954-1920
Email: anne.turley@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Harold Massey, Warden of Kent Institution
Counsel
Jan Brongers
Department of Justice
50 O'Connor Street, Suite 500, Room 558
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6291
FAX: (613) 954-1920
Email: anne.turley@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Khela, Gurkirpal Singh
Counsel
Michael S. Fox
Eric Purtzki
2459 Pauline Street
Abbotsford, British Columbia
V2S 3S1
Telephone: (604) 852-5110
FAX: (604) 859-3361
Email: bvaze@johnconroy.com
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: Canadian Association of Elizabeth Fry Societies and John Howard Society of Canada
Counsel
Elizabeth Thomas
128 Union Street
Kingston, Ontario
K7L 3N6
Telephone: (613) 533-6000 Ext: 74255
FAX: (613) 533-6509
Email: mansona@queensu.ca
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: Canadian Civil Liberties Association
Counsel
Matthew S. Eastbrooks
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: British Columbia Civil Liberties Association
Counsel
Joana G. Thackeray
Faculty of Law
1822 East Mall
Vancouver, British Columbia
V6T 1Z1
Telephone: (604) 822-4565
FAX: (604) 822-8108
Email: jackson@law.ubc.ca
Agent
300 - 55 Metcalfe Street
Ottawa, Ontario
K1P 6L5
Telephone: (613) 236-1668
FAX: (613) 236-9632
Summary
Keywords
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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.
Charter of Rights and Freedoms - Arbitrary detention - Principles of fundamental justice - Prerogative writs - Habeas corpus - Prisons - Disclosure required during reclassification and transfer of inmates - On an application for habeas corpus, what is the scope of review by a provincial superior court of a Correctional Service of Canada decision that adversely affects an inmate’s liberty, and does it differ from that of the Federal Court on an application for judicial review? - On an application for habeas corpus, what is the scope of review by a provincial superior court of the sufficiency of Correctional Service of Canada disclosure to an inmate, and does it differ from that of the Federal Court on an application for judicial review?
The respondent was an inmate, classified as a medium security risk, and serving a life sentence at Mission Institute, a medium security facility. On September 23, 2009, another inmate at Mission Institute was stabbed. Mission’s security intelligence department investigated. Unidentified sources and two anonymous tips alleged that the respondent paid two other inmates three grams of heroin to carry out the stabbing in retaliation for a prior assault. The findings were reported to the Warden of Mission Institute in a Security Intelligence Report. The warden ordered the respondent’s involuntary, emergency transfer to Kent Institute, a maximum security facility. The respondent received a Notice of Emergency Involuntary Transfer Recommendation and an Assessment for Decision and was given an opportunity to make representations. He made submissions and in part objected to the adequacy of disclosure of the information relied upon by the warden. The warden then provided notice of a final decision reclassifying him as a maximum security risk and confirming his transfer to Kent.
Lower court rulings
Supreme Court of British Columbia
25380, 2010 BCSC 721
Writ of habeas corpus granted, transfer decision declared null and void, order respondent must be returned to general population at Mission Institution under medium security classification
Court of Appeal for British Columbia (Vancouver)
CA038224, 2011 BCCA 450
Appeal allowed in part, order modified to read that habeas corpus granted, respondent should be released from custody at Kent Institute and returned to custody in a medium security institution to be dealt with therein as the prison authorities consider to be appropriate
Memorandums of argument on application for leave to appeal
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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.
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