Case information
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35862
Grant Anthony Goleski 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) |
|---|---|---|
| 2015-02-18 | Appeal closed | |
| 2015-02-17 | Transcript received, (32 pages) | |
| 2015-02-12 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-02-12 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-02-11 |
Judgment on the appeal rendered, Abe Ro Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA039155, 2014 BCCA 80, dated March 3, 2014, was heard on February 11, 2015, and the Court on that day delivered the following judgment orally: THE COURT — In our view, the British Columbia Court of Appeal correctly concluded that s. 794(2) of the Criminal Code, R.S.C. 1985, c. C-46, properly interpreted, imposes a persuasive burden on the accused to prove an “exception, exemption, proviso, excuse or qualification prescribed by law”. We do not think it appropriate to deal with the new issues raised by the interveners. The appeal is dismissed. Dismissed |
|
| 2015-02-11 | Intervener's condensed book, (Book Form), Filed in Court. | Attorney General of Alberta |
| 2015-02-11 | Respondent's condensed book, (Book Form), filed in Court. | Her Majesty the Queen |
| 2015-02-11 | Appellant's condensed book, (Book Form), filed in court. | Grant Anthony Goleski |
| 2015-02-11 |
Hearing of the appeal, 2015-02-11, Abe Ro Cro Mo Ka Wa Ga Judgment rendered |
|
| 2015-02-03 | Notice of appearance, (Letter Form), Ms. Karen Papadopoulos and Mr. Philip Perlmutter will be appearing as Cousel for the Intervener, Attorney General of Ontario., (Electronic version due on 2015-02-10) | Attorney General of Ontario |
| 2015-02-03 | Notice of appearance, (Letter Form), Mr. Matthew David Dalidowicz will be appearing at the hearing as Counsel on behalf of the Intervener, Attorney General of Alberta. | Attorney General of Alberta |
| 2015-02-03 | Appeal perfected for hearing | |
| 2015-02-03 |
Order by, Ga, FURTHER TO THE ORDER dated December 18, 2014, granting leave to intervene to the Attorney General of Ontario and the Attorney General of Alberta; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2015-02-03 | Notice of appearance, (Letter Form), Ms. Mary T. Ainslie, Q.C. and John Coldwell will be appearing as counsel on behalf of the Respondent. Ms. Ainslie will do the oral argument. | Her Majesty the Queen |
| 2015-02-02 | Notice of appearance, (Letter Form), Mr. Amandeep Jaswal will be appearing as counsel for the Appellant. | Grant Anthony Goleski |
| 2015-01-27 | Intervener's book of authorities, (Book Form), Completed on: 2015-01-27, (Electronic version filed on 2015-01-27) | Attorney General of Ontario |
| 2015-01-27 | Intervener's factum, (Book Form), Completed on: 2015-01-27, (Electronic version filed on 2015-01-27) | Attorney General of Ontario |
| 2015-01-23 | Intervener's book of authorities, (Book Form), Completed on: 2015-01-23, (Electronic version filed on 2015-01-23) | Attorney General of Alberta |
| 2015-01-23 | Intervener's factum, (Book Form), Completed on: 2015-01-23, (Electronic version filed on 2015-01-23) | Attorney General of Alberta |
| 2015-01-13 | Respondent's book of authorities, (Book Form), Completed on: 2015-01-13 | Her Majesty the Queen |
| 2015-01-13 | Respondent's factum, (Book Form), Completed on: 2015-01-13, (Electronic version filed on 2015-01-15) | Her Majesty the Queen |
| 2014-12-22 | Order on motion to strike out, (Revised January 19, 2015) (by GASCON J.) | |
| 2014-12-22 |
Decision on motion to strike out, (Revised January 19, 2015), Ga, UPON APPLICATION by the respondent for an order striking paragraphs 2, 8(ii) and 32 to 38 of the appellant’s factum, on the ground that the appellant is raising constitutional issues outside the parameters of the statutory interpretation of s. 794(2) of the Criminal Code that is the question at issue in this appeal; CONSIDERING THAT, while the respondent is correct to submit that at no stage of the proceedings was it argued that s. 794(2) breached ss. 7 or 11(d) of the Charter, the impugned paragraphs do not go as far as raising a Charter issue, the appellant merely arguing, with supporting jurisprudence, that the statutory interpretation he proposes is consistent with Charter values; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2014-12-22 | Submission of motion to strike out, Ga | |
| 2014-12-18 | Order on motion for leave to intervene, (by GASCON J.) | |
| 2014-12-18 |
Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Attorney General of Ontario and the Attorney General of Alberta 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 Attorney General of Ontario and the Attorney General of Alberta are granted and the said interveners shall be entitled to each serve and file a factum not exceeding 10 pages in length on or before January 27, 2015. The requests to present oral argument are 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2014-12-18 | Submission of motion for leave to intervene, Ga | |
| 2014-12-18 | Response to motion to strike out, (Letter Form), Completed on: 2014-12-18 | Grant Anthony Goleski |
| 2014-12-10 | Notice of hearing sent to parties | |
| 2014-12-08 | Motion to strike out, (Book Form), To strike paragraphs 2, 8(ii), 32-38 of the appellant's factum, Completed on: 2014-12-08 | Her Majesty the Queen |
| 2014-12-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-12-05, (Electronic version filed on 2014-12-08) | Her Majesty the Queen |
| 2014-12-03 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-03, (Electronic version filed on 2014-12-17) | Attorney General of Ontario |
| 2014-12-03 | Motion for leave to intervene, (Book Form), Completed on: 2014-12-04, (Printed version filed on 2014-12-04) | Attorney General of Alberta |
| 2014-12-02 |
Appeal hearing scheduled, 2015-02-11, (previously February 10, 2015) Judgment rendered |
|
| 2014-11-12 | Certificate of counsel (attesting to record) | Grant Anthony Goleski |
| 2014-11-12 | Appellant's book of authorities, (Book Form), Completed on: 2014-11-12 | Grant Anthony Goleski |
| 2014-11-12 | Appellant's record, (Book Form), 2 volumes, Completed on: 2014-11-12 | Grant Anthony Goleski |
| 2014-11-12 | Appellant's factum, (Book Form), Completed on: 2014-11-12 | Grant Anthony Goleski |
| 2014-10-21 |
Correspondence received from, (Letter Form), Agent for the Appellant, Ms. Moira Dillon, re.: requesting a copy of the Court's letter of October 15 advising the parties of tentative hearing dates and filing deadlines. |
Grant Anthony Goleski |
| 2014-10-15 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-10-14 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1. The appellant’s record, factum and book of authorities shall be served and filed on or before November 12, 2014. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before December 3, 2014. 3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before December 10, 2014. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before December 12, 2014. 5. The respondent’s record, factum and book of authorities shall be served and filed on or before January 13, 2015. 6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall file and serve their factum and book of authorities on or before January 27, 2015. Granted |
|
| 2014-09-02 | Notice of appeal, Completed on: 2014-09-02 | Grant Anthony Goleski |
| 2014-07-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-07-28 | Judgment on leave sent to the parties | |
| 2014-07-24 |
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 CA039155, 2014 BCCA 80, dated March 3, 2014, is granted without costs. Granted, without costs |
|
| 2014-06-23 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-05-29 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2014-05-29 | Respondent's response on the application for leave to appeal, (Book Form), service to come - rec'd June 2, 2014, Completed on: 2014-06-02, (Electronic version filed on 2014-05-29) | Her Majesty the Queen |
| 2014-05-01 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED MAY 1, 2014 | |
| 2014-05-01 |
Correspondence received from, (Letter Form), Applicant, re.: New Office Address as of May 26th, 2014: Suite 560 - 355 Burrard Street, Vancouver, BC V6C 2G8 |
Grant Anthony Goleski |
| 2014-05-01 | Notice of name, (Letter Form) | Grant Anthony Goleski |
| 2014-05-01 | Certificate (on limitations to public access), (Letter Form) | Grant Anthony Goleski |
| 2014-05-01 | Application for leave to appeal, (Book Form), Final CA order missing - Rec'd 05-12-2014, Completed on: 2014-05-12, (Electronic version filed on 2014-05-01) | Grant Anthony Goleski |
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 |
|---|---|---|
| Goleski, Grant Anthony | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Goleski, Grant Anthony
Counsel
Suite 560 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 270-4112
FAX: (604) 270-3787
Email: vincentmichaelslawoffice@telus.net
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Her Majesty the Queen
Counsel
John Caldwell
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mary.ainslie@gov.bc.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Alberta
Counsel
3rd Floor, Centrium Place
300, 332 - 6 th Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: howard.liebovich@ontario.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
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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.
Criminal law - Offences - Motor vehicles - Failing or refusing to provide breath sample - Burden of proof - Interpretation of s. 794(2) of the Criminal Code - Whether s. 794(2) imposes a persuasive burden on accused to prove “reasonable excuse” to refuse to provide breath sample or whether it requires Crown to disprove that reasonable excuse once accused has established evidentiary basis for such an excuse? - Criminal Code, R.C.S. 1985, c. C-26, ss. 254(4) and 794(2).
In 2006, the appellant was driving his vehicle when he was pulled over by police. He was informed that he was being stopped for failing to obey two stop signs. Detecting the odour of alcohol on the appellant’s breath, the police officer demanded that the appellant give a roadside breath sample into an approved screening device. Based on the result of that roadside sample, the police officer made a demand that the appellant accompany him to the local detachment in order to provide breath samples into an approved instrument. When the appellant was transported to the detachment and asked to provide samples, he stated that he would not comply.
At trial, the appellant testified that he had refused to provide a breath sample because he did not believe that the police officer would prepare his report of the breath sample honestly. According to the appellant’s testimony at trial, he believed that the police officer was lying when he claimed that the appellant had failed to obey the stop signs. He felt that he was being treated unfairly. The appellant’s testimony according to which he had come to a complete stop at each of the two stop signs was corroborated by the evidence of a passenger who had been in the appellant’s vehicle at the time. The appellant claimed that it was his suspicion that the police officer was treating him unfairly that led him to refuse to provide a breath sample at the detachment.
Lower court rulings
Provincial Court of British Columbia
27224
Applicant convicted of failing to comply with a demand to provide breath samples pursuant to s. 254(5) of the Criminal Code
Supreme Court of British Columbia
2011 BCSC 911, 27224
Summary conviction appeal allowed; verdict of acquittal entered
Court of Appeal for British Columbia (Vancouver)
CA039155, 2014 BCCA 80
Appeal allowed and conviction reinstated
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.
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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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