Case information
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36472
Brendan Paterson 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) |
|---|---|---|
| 2017-03-20 | Appeal closed | |
| 2017-03-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-03-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-03-17 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040943, 2015 BCCA 205, dated May 13, 2015, heard on November 2, 2016, is allowed. The appellant’s convictions are set aside and acquittals entered. Moldaver and Gascon JJ. dissent. Allowed |
|
| 2016-11-16 | Transcript received, 114 pages | |
| 2016-11-02 | Judgment reserved OR rendered with reasons to follow | |
| 2016-11-02 | Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies) | British Columbia Civil Liberties Association |
| 2016-11-02 | Intervener's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Attorney General of Ontario |
| 2016-11-02 | Respondent's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Her Majesty the Queen |
| 2016-11-02 | Appellant's condensed book, (Book Form), Submitted in Courtroom (14 copies) | Brendan Paterson |
| 2016-11-02 |
Hearing of the appeal, 2016-11-02, CJ Abe Mo Ka Wa Ga Br Judgment reserved |
|
| 2016-10-28 | Correspondence received from, (Letter Form), 4 reserved seats. | Her Majesty the Queen |
| 2016-10-21 | Notice of appearance, (Letter Form), Gillian Robert will be appearing. | Attorney General of Ontario |
| 2016-10-21 | Notice of appearance, (Letter Form), No one appearing, written submissions only. | Attorney General of Alberta |
| 2016-10-12 | Notice of appearance, Daniel Song, Kenneth Westlake and Brent Anderson will be present at the hearing. | Brendan Paterson |
| 2016-10-12 | Notice of appearance, Paul Riley and Janna Hyman will be present at the hearing. Mr. Riley will be presenting oral arguments. | Her Majesty the Queen |
| 2016-10-11 | Notice of appearance, Jolaine Antonio will be present at the hearing. | Attorney General of Alberta |
| 2016-09-28 | Notice of appearance, Roy Millen and Rebecca Spigelman will be present at the hearing. | British Columbia Civil Liberties Association |
| 2016-09-26 |
Order by, JUSTICE ABELLA, FURTHER TO THE ORDER dated July 11, 2016, granting leave to intervene to the Attorney General of Ontario, the Attorney General of Alberta and the British Columbia Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT: 1. The Attorney General of Ontario and the British Columbia Civil Liberties Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. 2. The Attorney General of Alberta is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2016-09-06 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-09-06) | British Columbia Civil Liberties Association |
| 2016-09-06 | Intervener's book of authorities, (Book Form), Completed on: 2016-09-06, (Electronic version filed on 2016-09-06) | British Columbia Civil Liberties Association |
| 2016-09-06 | Intervener's factum, (Book Form), Completed on: 2016-09-06, (Electronic version filed on 2016-09-06) | British Columbia Civil Liberties Association |
| 2016-09-02 | Intervener's book of authorities, (Book Form), Completed on: 2016-09-02, (Electronic version filed on 2016-09-02) | Attorney General of Alberta |
| 2016-09-02 | Intervener's factum, (Book Form), Completed on: 2016-09-02, (Electronic version filed on 2016-09-02) | Attorney General of Alberta |
| 2016-08-30 | Intervener's factum, Completed on: 2016-08-30 | Attorney General of Ontario |
| 2016-08-26 | Notice of hearing sent to parties | |
| 2016-08-10 |
Appeal hearing scheduled, 2016-11-02 Judgment reserved |
|
| 2016-07-21 | Appeal perfected for hearing | |
| 2016-07-19 | Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2016-07-19, (Electronic version filed on 2016-07-19) | Her Majesty the Queen |
| 2016-07-19 | Respondent's factum, (Book Form), Completed on: 2016-07-19, (Electronic version filed on 2016-07-19) | Her Majesty the Queen |
| 2016-07-11 | Order on motion for leave to intervene, by JUSTICE ABELLA | |
| 2016-07-11 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Alberta 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 are granted and the said three (3) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before September 6, 2016. 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. The respondent shall be entitled to serve and file a single reply factum not exceeding five (5) pages in length to the interventions by the Attorney General of Ontario and the British Columbia Civil Liberties Association in this appeal on or before September 13, 2016. Granted |
|
| 2016-07-11 | Submission of motion for leave to intervene, Abe | |
| 2016-07-04 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-04, (Electronic version filed on 2016-07-04) | British Columbia Civil Liberties Association |
| 2016-06-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-06-27, (Electronic version filed on 2016-06-27) | Her Majesty the Queen |
| 2016-06-22 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-06-22, (Electronic version filed on 2016-06-22) | Brendan Paterson |
| 2016-06-22 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-06-22, (Electronic version filed on 2016-06-22) | Brendan Paterson |
| 2016-06-21 | Motion for leave to intervene, (Book Form), Completed on: 2016-06-21, (Electronic version filed on 2016-06-21) | British Columbia Civil Liberties Association |
| 2016-06-21 | Motion for leave to intervene, (Book Form), Completed on: 2016-06-21, (Electronic version filed on 2016-06-21) | Attorney General of Ontario |
| 2016-06-17 | Motion for leave to intervene, (Letter Form), Completed on: 2016-06-17, (Electronic version filed on 2016-06-15) | Attorney General of Alberta |
| 2016-05-26 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-05-26) | Brendan Paterson |
| 2016-05-24 | Appellant's book of authorities, (Book Form), Completed on: 2016-05-24, (Electronic version filed on 2016-05-26) | Brendan Paterson |
| 2016-05-24 | Appellant's record, (Book Form), (5 volumes), Completed on: 2016-05-24, (Electronic version filed on 2016-05-26) | Brendan Paterson |
| 2016-05-24 | Appellant's factum, (Book Form), Completed on: 2016-05-25, (Electronic version filed on 2016-05-26) | Brendan Paterson |
| 2016-02-29 | Notice of appeal, Completed on: 2016-02-29 | Brendan Paterson |
| 2016-02-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-01-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-01-29 | Judgment on leave sent to the parties | |
| 2016-01-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040943, 2015 BCCA 205, dated May 13, 2015, is granted. Granted |
|
| 2016-01-28 |
Decision on motion to extend time to file and /or serve the leave application, See Judgment on leave application. Granted |
|
| 2015-12-21 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-12-21 | Submission of motion to extend time to file and/ or serve the leave application, CJ Mo Ga | |
| 2015-10-23 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-10-23, (Electronic version filed on 2015-10-23) | Brendan Paterson |
| 2015-10-13 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2015-10-13, (Electronic version filed on 2015-10-14) | Her Majesty the Queen |
| 2015-10-13 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-14) | Her Majesty the Queen |
| 2015-10-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-13, (Electronic version filed on 2015-10-14) | Her Majesty the Queen |
| 2015-09-14 | Letter acknowledging receipt of a complete application for leave to appeal, the response has to be filed within the 30 days after the service of the application for leave to appeal. | |
| 2015-09-14 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-14) | Brendan Paterson |
| 2015-09-11 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-09-11 | Brendan Paterson |
| 2015-09-11 | Application for leave to appeal, (Book Form), Completed on: 2015-09-11, (Electronic version filed on 2015-09-14) | Brendan Paterson |
| 2015-06-10 | Letter acknowledging receipt of a notice of application for leave to appeal, file opened 2015-06-10. | |
| 2015-06-09 | Notice of application for leave to appeal, (Letter Form), Copy of judgment and form 23a missing. Received under the application 2015-09-11., Completed on: 2015-09-14 | Brendan Paterson |
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 |
|---|---|---|
| Paterson, Brendan | 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 |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Paterson, Brendan
Counsel
Daniel J. Song
Brent R. Anderson
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 687-9831
FAX: (604) 687-7089
Email: kenwestlake@telus.net
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
Janna Hyman
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0704
FAX: (604) 666-1599
Email: paul.riley@sppc-ppsc.gc.ca
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
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 592-4902
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: Attorney General of Ontario
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-2220
FAX: (416) 326-4007
Email: gillian.roberts@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: British Columbia Civil Liberties Association
Counsel
Rebecca Spigelman
2600 - 595 Burrard Street
Vancouver, British Columbia
V7X 1L3
Telephone: (604) 631-4220
FAX: (604) 631-3309
Email: roy.millen@blakes.com
Agent
1750 - 340 Albert Street
Constitution Square, Tower 3
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 788-2218
FAX: (613) 788-2247
Email: nancy.brooks@blakes.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 — Criminal law — Evidence — Admissibility — Confessions — Voluntariness — Voir dire — Unreasonable search and seizure — Whether Court of Appeal erred by failing to hold that Crown must prove, beyond a reasonable doubt, voluntariness of accused’s statements given to police at door of his residence, before those statements may be considered in Charter voir dire — Whether Court of Appeal erred in ruling that warrantless entry and search of accused’s home was justified under “exigent circumstances” exception of s. 11(7) of the Controlled Drugs and Substances Act — Whether Court of Appeal erred in not excluding seized evidence under s. 24(2) of Charter due to police breach of mandatory Criminal Code provisions relating to Form 5.2 Report — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 11(7) — Criminal Code, R.S.C. 1985, c. C-46, s. 489.1.
Brendan Paterson was convicted of nine offences: two counts of possession of illicit drugs, three counts of possession of illicit drugs for the purpose of trafficking and four counts of unlawful possession of firearms. He was sentenced to four-and-a half years.
At the trial, a Charter voir dire was held to address Mr. Paterson’s objection to the admission of the evidence seized by police as a result of their entry into and search of his apartment. The trial judge dismissed the application to exclude evidence.
On appeal, the Court of Appeal found no reason to interfere with the findings of the trial judge. It dismissed the appeal from conviction.
Lower court rulings
Supreme Court of British Columbia
X073468, 2011 BCSC 1728
See file.
Supreme Court of British Columbia
X073468, 2012 BCSC 2138
See file.
Supreme Court of British Columbia
X073468, 2012 BCSC 1680
Application to exclude evidence dismissed.
Supreme Court of British Columbia
X073468, 2013 BCSC 880
See file.
Court of Appeal for British Columbia (Vancouver)
CA040943, 2015 BCCA 205
Appeal from conviction 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.
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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