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.
34754
Her Majesty the Queen v. Christopher Baldree
(Ontario) (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) |
|---|---|---|
| 2013-06-24 | Appeal closed | |
| 2013-06-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-06-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-06-19 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number 52415, 2012 ONCA 138, dated March 2, 2012, heard on November 7, 2012, is dismissed. The judgment of the Court of Appeal is affirmed. The respondent’s conviction is set aside and a new trial is ordered. Dismissed |
|
| 2013-02-27 | Correspondence received from, Mr. Puddington re: Filing a recent decision from the CABC with c.c. to all parties (sent to the Court Mar. 5/13) | Her Majesty the Queen |
| 2013-02-11 | Transcript received, (107 pages) | |
| 2012-11-07 | Judgment reserved OR rendered with reasons to follow | |
| 2012-11-07 |
Hearing of the appeal, 2012-11-07, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2012-11-07 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-11-07 | Respondent's condensed book, (Book Form), Rec'd in Court | Christopher Baldree |
| 2012-11-07 | Appellant's condensed book, (Book Form), Rec'd in Court | Her Majesty the Queen |
| 2012-11-02 | Notice of appearance, Michael Davies and James Foord will be appearing and Mr. Davies will make oral submission | Christopher Baldree |
| 2012-10-31 | Notice of appearance, John McInnes will be appearing | Attorney General of Ontario |
| 2012-10-25 | Notice of appearance, Brian Puddington and James Martin will be appearing | Her Majesty the Queen |
| 2012-10-25 | Correspondence received from, F. Lacasse re: request 4 reserved seats | Her Majesty the Queen |
| 2012-10-17 | Order on motion for leave to intervene | |
| 2012-10-17 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; and there not being an adequate explanation for the lengthy delay; and the hearing of the appeal taking place in just three weeks; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene of the Criminal Lawyers’ Association (Ontario) is dismissed. Dismissed, no order as to costs |
|
| 2012-10-17 | Submission of motion for leave to intervene, Ro | |
| 2012-10-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2012-10-10 | Christopher Baldree |
| 2012-10-10 | Order on motion to extend time | |
| 2012-10-10 |
Decision on motion to extend time, to serve and file the factum and book of authorities of the intervener, A.G. Ont. to September 20/12, Ro Granted, no order as to costs |
|
| 2012-10-10 | Submission of motion to extend time, Ro | |
| 2012-10-09 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2012-10-09 | Her Majesty the Queen |
| 2012-10-05 | Respondent's book of authorities, Completed on: 2012-10-05 | Christopher Baldree |
| 2012-10-05 | Respondent's record, Completed on: 2012-10-05 | Christopher Baldree |
| 2012-10-05 | Respondent's factum, Completed on: 2012-10-05 | Christopher Baldree |
| 2012-10-04 | Response to motion to extend time, Completed on: 2012-10-04 | Christopher Baldree |
| 2012-10-04 | Motion to extend time, (Book Form), Completed on: 2012-10-04 | Attorney General of Ontario |
| 2012-10-02 | Motion for leave to intervene, (Book Form), - extension of time included, Completed on: 2012-10-02 | Criminal Lawyers' Association (Ontario) |
| 2012-10-02 |
Order by, Ro, FURTHER TO THE ORDER dated August 13, 2012, granting leave to intervene to the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted, no order as to costs |
|
| 2012-09-20 | Intervener's book of authorities, (Book Form), Completed on: 2012-09-20 | Attorney General of Ontario |
| 2012-09-19 | Intervener's factum, Motion for extension of time requested - Rec'd on October 4, 2012, Completed on: 2012-10-12 | Attorney General of Ontario |
| 2012-08-21 | Appeal perfected for hearing | |
| 2012-08-13 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2012-08-13 |
Decision on the motion for leave to intervene, Ro, 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 granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before September 14, 2012. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. IT IS FURTHER ORDERED THAT: The factum of the respondent shall be filed on or before October 5, 2012 Granted |
|
| 2012-08-13 | Submission of motion for leave to intervene, Ro | |
| 2012-07-27 | Correspondence received from, John McInnes, dated July 27/12, by fax, Re: in response to letter from Michael Davies dated July 27/12 | Attorney General of Ontario |
| 2012-07-27 | Correspondence received from, James C. Martin, dated July 27/12, by fax, Re: in response to the consent and request by the respondent | Her Majesty the Queen |
| 2012-07-27 | Response to the motion for leave to intervene, (Letter Form), from Michael Davies, dated July 27/12, Re: Consents to the motion and requests that they be allowed to file their factum after the AGO, Completed on: 2012-07-27 | Christopher Baldree |
| 2012-07-27 | Response to the motion for leave to intervene, (Letter Form), from Mr. James C. Martin, dated July 27/12, by fax, Takes no position on the intervention request by AGO, Completed on: 2012-07-27 | Her Majesty the Queen |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-20 | Motion for leave to intervene, Completed on: 2012-07-20 | Attorney General of Ontario |
| 2012-07-19 |
Appeal hearing scheduled, 2012-11-07, (Early start 9:00a.m.) Judgment reserved |
|
| 2012-06-22 | Appellant's record, (4 volumes), Completed on: 2012-06-22 | Her Majesty the Queen |
| 2012-06-22 | Appellant's book of authorities, Completed on: 2012-06-22 | Her Majesty the Queen |
| 2012-06-22 | Appellant's factum, Completed on: 2012-06-22 | Her Majesty the Queen |
| 2012-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-04-02 | Notice of appeal, Completed on: 2012-04-02 | 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 |
|---|---|---|
| Baldree, Christopher | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
James Martin
201 County Court Blvd.
Brampton, Ontario
L6W 4L2
Telephone: (905) 454-2424
FAX: (905) 454-2168
Email: brian.puddington@ppsc-sppc.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
Party: Baldree, Christopher
Counsel
James Foord
200 Cooper Street
Suite 4
Ottawa, Ontario
K2P 0G1
Telephone: (613) 564-0006
FAX: (613) 564-0400
Email: mdavies@foorddavieslawyers.com
Party: Attorney General of Ontario
Counsel
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4594
FAX: (416) 326-4656
Email: john.mcinnes@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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.
Criminal law Evidence Admissibility Hearsay Drug purchase calls Whether evidence of the telephone conversation between the police and a caller to the respondent’s cell phone was hearsay and admissible into evidence Whether the prejudicial effect of the evidence outweighed its probative value.
Following the respondent’s arrest for certain drug and related offences, a caller telephoned his cell phone to arrange for a drug delivery. A police officer answered the call and, posing as the respondent’s successor, agreed to deliver the drugs at the price the respondent usually charged the caller, but the delivery was not made. At trial, the Crown adduced as evidence the police officer’s version of the conversation that took place between himself and the caller in order to link the respondent to the drugs found and to the purpose associated with their possession. The respondent appealed his convictions and argued that the drug purchase call was not admissible. In his view, if the evidence were characterized as hearsay, it would be presumptively inadmissible and no listed or principled exception could permit its admission. On the other hand, he submitted that if it were found to be non hearsay evidence, it would have to be excluded because its probative value would be overborne by its prejudicial effect. The majority of the Court of Appeal allowed the appeal and ordered a new trial. Watt J.A., dissenting, would have dismissed the appeal on the basis that the evidence about the call was properly admitted and not misused by the trial judge.
Lower court rulings
Ontario Superior Court of Justice
See file
Court of Appeal for Ontario
52415, 2012 ONCA 138
See file
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
Not available
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