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.
36450
Her Majesty the Queen v. D.L.W.
(British Columbia) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2016-06-14 | Appeal closed | |
| 2016-06-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-06-10 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-06-09 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041569, 2015 BCCA 169, dated April 23, 2015, heard on November 9, 2015, is dismissed. Abella J. is dissenting. Dismissed |
|
| 2015-11-23 | Transcript received, 76 pages | |
| 2015-11-09 | Judgment reserved OR rendered with reasons to follow | |
| 2015-11-09 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Animal Justice |
| 2015-11-09 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | D.L.W. |
| 2015-11-09 | General proceeding, Questionnaire following the hearing concerning the publication ban | D.L.W. |
| 2015-11-09 | General proceeding, Questionnaire following the hearing concerning the publication ban | Her Majesty the Queen |
| 2015-11-09 |
Hearing of the appeal, 2015-11-09, CJ Abe Cro Mo Ka Côt Br Judgment reserved |
|
| 2015-10-30 | Supplemental document, Respondent's supplemental authorities, Completed on: 2015-10-30 | D.L.W. |
| 2015-10-30 | Notice of appearance, Eric Purtzki and Garth Barriere will be present at the hearing. | D.L.W. |
| 2015-10-27 | Notice of appearance, Peter Sankoff and Camille Labchuk will be present at the hearing. | Animal Justice |
| 2015-10-27 | Appeal perfected for hearing | |
| 2015-10-26 |
Order by, (JUSTICE MOLDAVER), Mo, FURTHER TO THE ORDER dated September 21, 2015, granting leave to intervene to Animal Justice; IT IS HEREBY ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2015-10-23 | Certificate (on limitations to public access) | Animal Justice |
| 2015-10-23 | Notice of name | Animal Justice |
| 2015-10-23 | Intervener's book of authorities, Completed on: 2015-10-23 | Animal Justice |
| 2015-10-23 | Intervener's factum, Completed on: 2015-10-23 | Animal Justice |
| 2015-10-20 | Notice of appearance, Mark Levitz and Laura Drake will be present at the hearing. | Her Majesty the Queen |
| 2015-10-05 | Respondent's book of authorities, Completed on: 2015-10-05 | D.L.W. |
| 2015-10-05 | Respondent's factum, 2 redacted copies rec'd on 2015-10-08, Completed on: 2015-10-05 | D.L.W. |
| 2015-09-21 | Order on motion for leave to intervene, (by JUSTICE MOLDAVER) | |
| 2015-09-21 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATION by Animal Justice 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 is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before October 26, 2015. 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. Granted |
|
| 2015-09-21 | Submission of motion for leave to intervene, Mo | |
| 2015-09-10 | Notice of hearing sent to parties | |
| 2015-09-10 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-09-10, (Electronic version filed on 2015-09-10) | D.L.W. |
| 2015-09-09 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-09-09, (Electronic version filed on 2015-09-09) | Her Majesty the Queen |
| 2015-09-04 | Motion for leave to intervene, (Book Form), Fee missing. Received 2015-09-11., Completed on: 2015-09-11, (Electronic version filed on 2015-09-04) | Animal Justice |
| 2015-08-24 |
Appeal hearing scheduled, 2015-11-09 Judgment reserved |
|
| 2015-08-11 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-08-11) | Her Majesty the Queen |
| 2015-08-11 | Appellant's book of authorities, (Book Form), Completed on: 2015-08-11, (Electronic version filed on 2015-08-11) | Her Majesty the Queen |
| 2015-08-11 | Appellant's record, (Book Form), Vol. 1 to 4, Completed on: 2015-08-12, (Electronic version filed on 2015-08-11) | Her Majesty the Queen |
| 2015-08-11 | Appellant's factum, (Book Form), New electronic form requested, Completed on: 2015-08-12, (Electronic version filed on 2015-08-11) | Her Majesty the Queen |
| 2015-06-12 | Correspondence received from, the appellant. Re: tentative hearing date. | Her Majesty the Queen |
| 2015-06-04 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-05-26 | Letter acknowledging receipt of a notice of appeal | |
| 2015-05-26 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-05-20 | Notice of appeal, (Letter Form), Completed on: 2015-08-21, (Electronic version filed on 2015-08-11) | 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 |
|---|---|---|
| D.L.W. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Animal Justice | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Laura Drake
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-0460
FAX: (604) 660-1133
Email: mark.levitz@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: D.L.W.
Counsel
Garth Barriere
Vancouver, British Columbia
V6B 2L3
Telephone: (604) 662-8167
FAX: (604) 687-6298
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Animal Justice
Counsel
Peter Sankoff
5700-100 King Steet West
Toronto, Ontario
M5X 1C7
Telephone: (857) 800-3879
FAX: (647) 793-5260
Email: camille@animaljustice.ca
Agent
1111 Prince of Wales
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: CBaxter@conway.pro
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 - Bestiality - Elements of the offence - Whether the offence of bestiality under s. 160(1) of the Criminal Code, R.S.C. 1985, c. C-46, is a general intent offence which encompasses sexual activity of any kind between a person and an animal with penetration not being an essential element of the offence.
The respondent was convicted of several offences, including the offence of bestiality. He appealed the conviction, arguing that penetration is an element of the offence of bestiality, and that because no penetration occurred in this case, he ought to have been acquitted. The Crown argued that the meaning of bestiality is unambiguous and refers to sexual activity of any kind between a person and an animal. A majority of the Court of Appeal allowed the appeal and acquitted the respondent of the bestiality count. Bauman C.J., dissenting, would have dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
33494, 2013 BCSC 1327
Respondent convicted of bestiality
Court of Appeal for British Columbia (Vancouver)
CA041569, 2015 BCCA 169
Appeal allowed; respondent acquitted of bestiality
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
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