Case information
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36613
John Reginald Alcantara v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-04-11 | Transcript received, 31 pages | |
| 2016-04-08 | Appeal closed | |
| 2016-03-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-03-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-03-22 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br, The appeals from the judgment of the Court of Appeal of Alberta (Edmonton), Numbers 1203-0199-A and 1203-0200-A, 2015 ABCA 258, dated August 13, 2015, were heard on March 22, 2016, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — We are agreed that the appeals should be dismissed. We agree with the following statement of the Court of Appeal: On the correct application of the legal principles to the facts found by the trial judge, it is an inescapable conclusion that the respondents aided and abetted the offence of trafficking through distribution. Their acts prevented or hindered interference with the accomplishment of a criminal act. In this way, the respondents provided assistance and encouragement to Mr. Caines in the commission of the offence of trafficking. There is a clear link between the respondents’ acts and the commission of the offence. [para. 15] The appeals are dismissed and the order of the Court of Appeal affirmed. Dismissed |
|
| 2016-03-22 |
Hearing of the appeal, 2016-03-22, CJ Abe Mo Ka Ga Côt Br Judgment rendered |
|
| 2016-03-22 | Respondent's condensed book, (Book Form), Filed in Court and joint with 36612 | Her Majesty the Queen |
| 2016-03-22 | Appellant's condensed book, (Book Form), Filed in Court and joint with 36612 | John Reginald Alcantara |
| 2016-03-15 | Notice of appearance, Mr. A. Clayton Rice and Heather Ferg will be appearing | John Reginald Alcantara |
| 2016-02-22 | Supplemental document, (Book Form), (Supplemental Authorities, Rule 29(4)), Joint with 36612, Completed on: 2016-02-22, (Electronic version filed on 2016-02-22) | John Reginald Alcantara |
| 2016-02-22 | Supplemental document, (Book Form), (Suppemental Record, Rule 29(4)), Joint with 36612, Completed on: 2016-02-22, (Electronic version filed on 2016-02-22) | John Reginald Alcantara |
| 2016-02-22 | Reply factum on appeal, (Book Form), Rule 29(4), Joint with 36612, Completed on: 2016-02-22, (Electronic version filed on 2016-02-22) | John Reginald Alcantara |
| 2016-02-15 | Appeal perfected for hearing | |
| 2016-02-08 | Certificate (on limitations to public access), (Letter Form), Joint with 36612, (Electronic version filed on 2016-02-08) | Her Majesty the Queen |
| 2016-02-08 | Respondent's book of authorities, (Book Form), Joint with 36612, Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | Her Majesty the Queen |
| 2016-02-08 | Respondent's factum, (Book Form), Joint with 36612, Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | Her Majesty the Queen |
| 2015-11-30 | Appellant's factum, (Book Form), Completed on: 2015-11-30, (Electronic version filed on 2015-11-30) | John Reginald Alcantara |
| 2015-11-27 | Notice of hearing sent to parties | |
| 2015-11-26 | Certificate of counsel (attesting to record), (Letter Form), Joint with 36612, (Electronic version filed on 2015-12-02) | John Reginald Alcantara |
| 2015-11-26 | Appellant's record, (Book Form), Joint with 36612, Completed on: 2015-11-26, (Electronic version filed on 2015-12-07) | John Reginald Alcantara |
| 2015-11-26 | Appellant's book of authorities, (Book Form), Joint with 36612, Completed on: 2015-11-26, (Electronic version filed on 2015-11-26) | John Reginald Alcantara |
| 2015-11-26 |
Appeal hearing scheduled, 2016-03-22 Judgment rendered |
|
| 2015-10-27 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-09-17 | Letter acknowledging receipt of a notice of appeal, (File open) | |
| 2015-09-15 | Correspondence received from, (Letter Form), Supreme Advocacy re: confirming that file 36612 and 36613 will be filing separate CA Order | John Reginald Alcantara |
| 2015-09-11 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-11) | John Reginald Alcantara |
| 2015-09-11 | Notice of appeal, (Letter Form), CA rec'd 2015-10-15, Completed on: 2015-10-15, (Electronic version filed on 2015-09-11) | John Reginald Alcantara |
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 |
|---|---|---|
| Alcantara, John Reginald | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Alcantara, John Reginald
Counsel
1117 First Street S.W., Suite 203
Calgary, Alberta
T2R 0T9
Telephone: (403) 517-1777
FAX: (403) 517-1776
Email: claytonrice@claytonrice.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
700 EPCOR Tower 10423, 101st Street
Edmonton, Alberta
T4H 0E7
Telephone: (780) 495-4079
FAX: (780) 495-6940
Email: ron.reimer@ppsc-sppc.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
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 - Trafficking - Party liability - Aiding and abetting - Whether the Court of Appeal erred in holding that the trial judge erred in law by failing to conclude on the facts that the appellant committed the offence of trafficking by distribution in the absence of proof that the appellant aided or abetted a specific instance of trafficking under s. 5(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, and s. 21(1)(b) or (c) of the Criminal Code, R.S.C. 1985, c. C-46.
Mr. Alcantara was convicted of conspiring to traffic in cocaine and conspiring to traffic in cocaine in association with a criminal organization, but was acquitted of trafficking in cocaine. Mr. Alcantara, who was involved with the Hells Angels, provided protection to a cocaine distribution business in order to ensure its smooth operation. The Crown appealed the acquittal, arguing that the trial judge erred in law in failing to find that Mr. Alcantara was a party to the offence of trafficking. The Court of Appeal agreed with the Crown. It allowed the appeal, set aside the acquittal and entered a conviction against Mr. Alcantara for trafficking in cocaine.
Lower court rulings
Court of Queen’s Bench of Alberta
070060157Q1
Appellant acquitted of trafficking in cocaine
Court of Appeal of Alberta (Edmonton)
1203-0200-A, 2015 ABCA 258
Appeal allowed: acquittal set aside and conviction entered for trafficking in cocaine
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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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.
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