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.
36610
Carson Bingley v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2017-03-02 | Appeal closed | |
| 2017-02-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-02-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-02-23 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br, The appeal from the judgment of the Court of Appeal for Ontario, Number C58943, 2015 ONCA 439, dated June 17, 2015, heard on October 13, 2016, is dismissed and the order of the Ontario Court of Appeal for a new trial is confirmed. Karakatsanis and Gascon JJ. dissent. Dismissed |
|
| 2016-10-26 | Transcript received, 105 pages | |
| 2016-10-13 | Judgment reserved OR rendered with reasons to follow | |
| 2016-10-13 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Canadian Civil Liberties Association |
| 2016-10-13 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2016-10-13 |
Hearing of the appeal, 2016-10-13, CJ Abe Mo Ka Ga Côt Br Judgment reserved |
|
| 2016-10-04 | Notice of appearance, Mark Halfyard and Breana Vandebeek will be present at the hearing. | Criminal Lawyers' Association (Ontario) |
| 2016-10-03 | Notice of appearance, Trevor Brown and Eric Granger will be present at the hearing. | Carson Bingley |
| 2016-10-03 | Notice of appearance, Joan Barrett will be present at the hearing. | Her Majesty the Queen |
| 2016-09-28 | Notice of appearance, Jasmine Akbarali and Stuart Zacharias will be present at the hearing. | Canadian Civil Liberties Association |
| 2016-09-27 |
Order by, JUSTICE ABELLA, FURTHER TO THE ORDER dated July 15, 2016, granting leave to intervene to the Criminal Lawyers’ Association (Ontario) and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT: 1. The Canadian Civil Liberties Association is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. 2. The Criminal Lawyers’ Association (Ontario) is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2016-09-09 | Intervener's book of authorities, Completed on: 2016-09-09 | Criminal Lawyers' Association (Ontario) |
| 2016-09-09 | Intervener's factum, Completed on: 2016-09-09 | Criminal Lawyers' Association (Ontario) |
| 2016-09-01 | Intervener's book of authorities, (Book Form), Completed on: 2016-09-01, (Electronic version filed on 2016-09-01) | Canadian Civil Liberties Association |
| 2016-09-01 | Intervener's factum, (Book Form), Completed on: 2016-09-01, (Electronic version filed on 2016-09-01) | Canadian Civil Liberties Association |
| 2016-08-16 | Notice of hearing sent to parties | |
| 2016-08-10 |
Appeal hearing scheduled, 2016-10-13 Judgment reserved |
|
| 2016-07-21 | Appeal perfected for hearing | |
| 2016-07-15 | Order on motion for leave to intervene, by Justice Abella | |
| 2016-07-15 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal; AND UPON APPLICATION by the Canadian Civil Liberties Association for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time is granted. The motions for leave to intervene are granted and the said two (2) 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 9, 2016. 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 |
|
| 2016-07-15 |
Decision on motion to extend time, Abe Granted |
|
| 2016-07-15 | Submission of motion to extend time, Abe | |
| 2016-07-15 | Submission of motion for leave to intervene, Abe | |
| 2016-07-14 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-14) | Her Majesty the Queen |
| 2016-07-14 | Respondent's book of authorities, (Book Form), Completed on: 2016-07-14, (Electronic version filed on 2016-07-14) | Her Majesty the Queen |
| 2016-07-14 | Respondent's factum, (Book Form), Completed on: 2016-07-14, (Electronic version filed on 2016-07-14) | Her Majesty the Queen |
| 2016-07-13 | Reply to the motion for leave to intervene, (Letter Form), (To response by AGO), Completed on: 2016-07-13, (Printed version filed on 2016-07-14) | Canadian Civil Liberties Association |
| 2016-07-11 | Response to motion to extend time, (Included in the response to the motion for leave to intervene), Completed on: 2016-07-11 | Her Majesty the Queen |
| 2016-07-11 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-11, (Electronic version filed on 2016-07-11) | Her Majesty the Queen |
| 2016-07-07 | Response to motion to extend time, (Included in the response to the motion for leave to intervene), Completed on: 2016-07-07 | Carson Bingley |
| 2016-07-07 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-07-07, (Electronic version filed on 2016-07-07) | Carson Bingley |
| 2016-07-07 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2016-07-07 | Canadian Civil Liberties Association |
| 2016-07-07 | Motion for leave to intervene, (Book Form), Completed on: 2016-07-07, (Electronic version filed on 2016-07-07) | Canadian Civil Liberties Association |
| 2016-07-05 | Correspondence received from, agent of the Canadian Civil Liberties Association re : motion to intervene to come. | Canadian Civil Liberties Association |
| 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) | Criminal Lawyers' Association (Ontario) |
| 2016-06-29 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-06-29 | Carson Bingley |
| 2016-06-28 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-06-28 | Her Majesty the Queen |
| 2016-06-21 | Motion for leave to intervene, (Letter Form), Completed on: 2016-06-21 | Criminal Lawyers' Association (Ontario) |
| 2016-05-24 | Certificate of counsel (attesting to record) | Carson Bingley |
| 2016-05-24 | Appellant's book of authorities, Completed on: 2016-05-24 | Carson Bingley |
| 2016-05-24 | Appellant's record, (3 volumes), Completed on: 2016-05-24 | Carson Bingley |
| 2016-05-24 | Appellant's factum, Completed on: 2016-05-24 | Carson Bingley |
| 2016-02-29 | Notice of appeal, Completed on: 2016-02-29 | Carson Bingley |
| 2016-02-02 | 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 application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C58943, 2015 ONCA 439, dated June 17, 2015, is granted. Granted |
|
| 2015-12-31 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-10-16 | Applicant's reply to respondent's argument, Completed on: 2015-10-16 | Carson Bingley |
| 2015-10-08 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-10-08 | Respondent's response on the application for leave to appeal, Completed on: 2015-10-08 | Her Majesty the Queen |
| 2015-09-15 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-09-15 | |
| 2015-09-15 | Court of Appeal casebooks and transcripts of evidence, (Book Form), Appeal Book | |
| 2015-09-15 | Certificate (on limitations to public access) | Carson Bingley |
| 2015-09-15 | Application for leave to appeal, Completed on: 2015-09-15 | Carson Bingley |
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 |
|---|---|---|
| Bingley, Carson | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Bingley, Carson
Counsel
Eric Granger
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: trevor@greensponbrown.ca
Party: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-4690
FAX: (416) 326-4656
Email: joan.barrett@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
Party: Criminal Lawyers' Association (Ontario)
Counsel
Breana Vandebeek
36 Lombard Street
Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (416) 598-1811
FAX: (416) 598-3384
Email: halfyard@criminaltriallawyers.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
Party: Canadian Civil Liberties Association
Counsel
Stuart A. Zacharias
130 Adelaide Street West
Suite 2400
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-2401
Email: jakbarali@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.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 - Evidence - Expert evidence - Opinion evidence - Admissibility - Are the opinions of a Drug Recognition Expert (“DRE”) conducting an evaluation of a suspected drug-impaired driver pursuant to s. 254(3.1) of the Criminal Code admissible in evidence without a voir dire in accordance with R. v. Mohan, [1994] 2 S.C.R. 9? - In the alternative, are DRE opinions “lay opinions” as contemplated by this Court in R. v. Graat, [1982] 2 S.C.R. 819, and therefore admissible in evidence without a Mohan voir dire? - Criminal Code, R.S.C. 1985, c. C-46, s. 354(3.1).
Police were called after the appellant, Mr. Bingley, struck a car. Police noted signs of impairment; however, the results of a roadside test revealed a blood alcohol concentration well below the legal limit and inconsistent with the observed indicia of impairment. Therefore, a Drug Recognition Expert (“DRE”) administered standard sobriety tests to Mr. Bingley at the scene. When he failed the sobriety tests, Mr. Bingley was charged with driving while drug impaired. He admitted that he had smoked marijuana and taken two Xanax in the previous 12 hours. A urinalysis revealed the presence of cannabis, cocaine and Alprazolam. Mr. Bingley was tried for the offence of driving while drug impaired. He was acquitted (despite the DRE’s evidence, which the first judge found could be received without a voir dire in accordance with R. v. Mohan, [1994] 2 S.C.R. 9), but a summary conviction appeal led to the acquittal being overturned and a new trial being ordered. At the new trial, a second judge found that the DRE evidence could not be received without a voir dire. On the voir dire, however, the judge determined that the DRE evidence was inadmissible and therefore acquitted Mr. Bingley again. The Crown brought another summary conviction appeal. The summary conviction appeal judge allowed the Crown appeal and ordered yet a third trial. Mr. Bingley appealed in turn, but unsuccessfully.
Lower court rulings
Ontario Court of Justice
09-2086
Applicant acquitted of driving while drug impaired.
Ontario Superior Court of Justice
09-2086, 2014 ONSC 2432
Appeal allowed and new trial ordered.
Court of Appeal for Ontario
C58943, 2015 ONCA 439
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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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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