Case information
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36068
Barrett Richard Jordan 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) |
|---|---|---|
| 2016-07-12 | Appeal closed | |
| 2016-07-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-07-11 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-07-08 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040993, 2014 BCCA 241, dated June 20, 2014, heard on October 7, 2015, is allowed. Mr. Jordan’s convictions are set aside and a stay of proceedings is entered. Allowed |
|
| 2016-07-07 | Media lock-up request accepted | |
| 2016-07-04 | Media lock-up consent form received from, Appellant and Respondent | Barrett Richard Jordan |
| 2016-06-30 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2016-06-24 | Media lock-up requested or proposed | |
| 2015-10-23 | Transcript received, 168 pages | |
| 2015-10-07 | Judgment reserved OR rendered with reasons to follow | |
| 2015-10-07 |
Hearing of the appeal, 2015-10-07, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2015-10-07 | Intervener's condensed book, (Book Form), Filed at the hearing - joint with 36112 | British Columbia Civil Liberties Association |
| 2015-10-07 | Appellant's condensed book, (Book Form), Filed at the hearing | Barrett Richard Jordan |
| 2015-10-07 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2015-09-28 | Notice of appearance, (Letter Form), Jolaine Antonio will be appearing | Attorney General of Alberta |
| 2015-09-24 | Appeal perfected for hearing | |
| 2015-09-23 | Notice of appearance, (Letter Form), Eric V. Gottardi and Tony C. Paisana will appearing and will both make oral submissions | Barrett Richard Jordan |
| 2015-09-23 | Notice of appearance, (Letter Form), Croft Michaelson and Peter LaPrairie will be appearing and Mr. Michaelson will make oral submission | Her Majesty the Queen |
| 2015-09-22 | Notice of appearance, (Letter Form), Frank Addario and Erin Dann will be appearing and Mr. Addario will make oral submission | Criminal Lawyers' Association (Ontario) |
| 2015-09-22 | Notice of appearance, (Letter Form), Tim Dickson and Martin Twigg will be appearing and Mr. Dickson will make oral submissions. | British Columbia Civil Liberties Association |
| 2015-09-18 |
Order by, Ga, FURTHER TO THE ORDERS dated June 9, 2015 and July 14, 2015, granting leave to intervene to the British Columbia Civil Liberties Association, the Attorney General of Alberta; and the Criminal Lawyers’ Association (Ontario); IT IS HEREBY ORDERED THAT: The said three interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2015-09-08 | Intervener's book of authorities, (Book Form), Joint with 36112, Completed on: 2015-09-08, (Electronic version filed on 2015-09-08) | Criminal Lawyers' Association (Ontario) |
| 2015-09-08 | Intervener's factum, (Book Form), Joint with 36112, Completed on: 2015-09-08, (Electronic version filed on 2015-09-08) | Criminal Lawyers' Association (Ontario) |
| 2015-08-25 | Notice of hearing sent to parties | |
| 2015-08-25 | Order on motion to extend time, (by JUSTICE CÔTÉ) Joint with 36112 | |
| 2015-08-25 |
Decision on motion to extend time, (Joint with 36112), Côt, UPON APPLICATION by the intervener, the British Columbia Civil Liberties Association, for an order extending the time to serve and file its factum and book of authorities to August 6, 2015, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3); AND THE MATERIAL FILED having been read; AND NOTING THAT the appellants and the respondents consent to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-08-25 | Submission of motion to extend time, Joint with 36112, Côt | |
| 2015-08-24 |
Appeal hearing scheduled, 2015-10-07 Judgment reserved |
|
| 2015-08-11 | Motion to extend time, With consent from all parties - Joint with 36112, Completed on: 2015-08-11 | British Columbia Civil Liberties Association |
| 2015-08-06 | Intervener's book of authorities, Joint with 36112, Completed on: 2015-08-06 | British Columbia Civil Liberties Association |
| 2015-08-06 | Intervener's factum, Motion for extension of time requested - Rec'd on 2015-08-11 - Joint with 36112, Completed on: 2015-08-12 | British Columbia Civil Liberties Association |
| 2015-08-05 | Intervener's book of authorities, Joint with 36112, Completed on: 2015-08-05 | Attorney General of Alberta |
| 2015-08-05 | Intervener's factum, Joint with 36112, Completed on: 2015-08-05 | Attorney General of Alberta |
| 2015-07-09 | Appellant's book of authorities, Supplemental, Completed on: 2015-07-09 | Barrett Richard Jordan |
| 2015-07-09 | Reply factum on appeal, Completed on: 2015-07-09 | Barrett Richard Jordan |
| 2015-06-29 | Order on motion to extend time, (by DEPUTY REGISTRAR) | |
| 2015-06-29 |
Decision on motion to extend time, DeRg, UPON APPLICATION by the appellant for an extension of time to file his response factum pursuant to Rule 29(4) and book of authorities to July 9, 2015; AND THE MATERIAL FILED having been read; AND NOTING THAT the respondent does not oppose the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-06-29 | Submission of motion to extend time, DeRg | |
| 2015-06-18 | Motion to extend time, (Book Form), under Rules 6 and 47 for service and filing of the Rule 29(4) response factum and book of authorities to July 9, 2015., Completed on: 2015-06-18, (Electronic version filed on 2015-06-19) | Barrett Richard Jordan |
| 2015-06-11 | Respondent's book of authorities, Completed on: 2015-06-11 | Her Majesty the Queen |
| 2015-06-11 | Respondent's factum, Completed on: 2015-06-11 | Her Majesty the Queen |
| 2015-06-09 | Order on motion for leave to intervene, (joint with 36112) (by JUSTICE GASCON) | |
| 2015-06-09 |
Decision on the motion for leave to intervene, (joint with 36112), Ga, UPON APPLICATIONS by the British Columbia Civil Liberties Association and the Attorney General of Alberta for leave to intervene in the above appeals; AND UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for leave to intervene in the appeal Barrett Richard Jordan v. Her Majesty the Queen (36068); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the British Columbia Civil Liberties Association and the Attorney General of Alberta are granted and the said interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length, on or before August 5, 2015. The motion for leave to intervene of the Criminal Lawyers’ Association (Ontario) is granted and the said intervener shall be entitled to serve and file a single factum, not to exceed ten (10) pages in length, on or before August 5, 2015, in the appeal Barrett Richard Jordan v. Her Majesty the Queen (36068). 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions. Granted |
|
| 2015-06-09 | Submission of motion for leave to intervene, (joint with 36112), Ga | |
| 2015-05-19 | Response to the motion for leave to intervene, Response to all three motions, Completed on: 2015-05-19 | Her Majesty the Queen |
| 2015-05-15 | Response to the motion for leave to intervene, Joint to CLA & BCCLA, Completed on: 2015-05-15 | Barrett Richard Jordan |
| 2015-05-14 | Motion for leave to intervene, Joint with 36112, Completed on: 2015-05-14 | British Columbia Civil Liberties Association |
| 2015-05-14 | Motion for leave to intervene, Completed on: 2015-05-14 | Criminal Lawyers' Association (Ontario) |
| 2015-05-07 | Motion for leave to intervene, Joint with 36112, Completed on: 2015-05-07 | Attorney General of Alberta |
| 2015-04-17 | Appellant's book of authorities, (Book Form), Completed on: 2015-04-17, (Electronic version filed on 2015-04-17) | Barrett Richard Jordan |
| 2015-04-17 | Appellant's factum, (Book Form), Completed on: 2015-04-17, (Electronic version filed on 2015-04-17) | Barrett Richard Jordan |
| 2015-04-01 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-04-01) | Barrett Richard Jordan |
| 2015-04-01 | Appellant's record, (Book Form), Vol. 1 to 4, Completed on: 2015-04-01, (Electronic version filed on 2015-04-01) | Barrett Richard Jordan |
| 2015-03-26 | Order on motion to extend time, (by DEPUTY REGISTRAR) | |
| 2015-03-26 |
Decision on motion to extend time, DeRg, UPON APPLICATION made on behalf of the Appellant pursuant to Rules 47 and 6 of the Rules of the Supreme Court of Canada, for an Order extending the time within which the Appellant may serve and file its Appellant's Record, Factum and Book of Authorities from March 30, 2015 to April 17, 2015. IT IS HEREBY ORDERED that the extension of time is granted. Granted |
|
| 2015-03-26 | Submission of motion to extend time, DeRg | |
| 2015-03-25 | Motion to extend time, (Book Form), to serve and file the Appellant's Record, Factum and Book of Authorities from march 30, 2015 to April 17, 2015. Consent from the Respondent is included., Completed on: 2015-03-26 | Barrett Richard Jordan |
| 2015-02-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-12-16 | Notice of appeal, Completed on: 2014-12-16 | Barrett Richard Jordan |
| 2014-11-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-11-28 | Judgment on leave sent to the parties | |
| 2014-11-27 |
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 CA040993, 2014 BCCA 241, dated June 20, 2014, is granted without costs. Granted, without costs |
|
| 2014-11-03 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-10-20 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-10-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-10-20, (Electronic version filed on 2014-10-20) | Her Majesty the Queen |
| 2014-09-18 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED SEPTEMBER 18, 2014 | |
| 2014-09-18 | Certificate (on limitations to public access) | Barrett Richard Jordan |
| 2014-09-18 | Book of authorities, (Book Form) | Barrett Richard Jordan |
| 2014-09-18 | Application for leave to appeal, (Book Form), Completed on: 2014-09-18, (Electronic version filed on 2014-09-18) | Barrett Richard Jordan |
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 |
|---|---|---|
| Jordan, Barrett Richard | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Jordan, Barrett Richard
Counsel
Eric V. Gottardi
Tony C. Paisana
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Croft Michaelson, Q.C.
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-5250
FAX: (604) 666-1599
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Attorney General of Alberta
Counsel
Alberta Justice, Criminal Justice Division
3rd Floor, Centrium Place, 300, 332-6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: jolaine.antonio@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Erin Dann
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5055
FAX: (866) 714-1196
Email: faddario@addario.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: British Columbia Civil Liberties Association
Counsel
Martin Twigg
Box 10026, Pacific Ctr. S. TD Bank Twr
25th Floor - 700 Georgia Street West
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 661-9341
FAX: (604) 661-9349
Email: tdickson@farris.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.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.
Canadian Charter of Rights and Freedoms – Right to be tried within a reasonable time – How is the issue of institutional delay to be weighed in a s. 11(b) application? – Canadian Charter of Rights and Freedoms, s. 11(b).
Between March and December 2008, the applicant was the subject of a police investigation into a dial-a-dope operation selling cocaine and heroin. The police executed a search warrant at the applicant’s residence which yielded 42.3 grams of heroin, 1463.5 grams of cocaine and crack cocaine, $6640 in cash and an employee “shift calendar” for the dial-a-dope line. The applicant was charged with several drug trafficking related offences in 2008. In September 2012 the applicant brought an application for judicial stay of proceedings pursuant to s. 24(1) of the Charter alleging his rights under s. 11(b) had been infringed due to an unreasonable delay in bringing his case to trial. The trial judge found that 32.5 months of delay in this case was due to institutional delay.
Lower court rulings
Supreme Court of British Columbia
X074868, 2012 BCSC 1735
Application for stay of proceedings dismissed.
Supreme Court of British Columbia
Applicant convicted of drug related offences contrary to the Controlled Drugs and Substances Act.
Court of Appeal for British Columbia (Vancouver)
CA040993, 2014 BCCA 241
Appeal 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.
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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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