Case information
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37140
William Scott Clifford v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2017-02-27 | Transcript received, 78 pages | |
| 2017-02-21 | Appeal closed | |
| 2017-02-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-02-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-02-17 |
Judgment on the appeal rendered, Abe Mo Ka Wa Côt Br Row, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42758, 2016 BCCA 336, dated August 4, 2016, was heard on February 17, 2017, and the Court on that day delivered the following judgment orally: ABELLA J. — A majority of this Court would dismiss the appeal, substantially for the reasons of Willcock J.A. While we appreciate the suggestions of the Intervenors that the law be re-examined, we are not satisfied that such re-examination is warranted in this case, particularly where neither party has asked us to depart from the jurisprudence of this Court. Justice Rowe would have allowed the appeal, based on the dissenting reasons of Newbury J.A., as set out in paras. 22-26 of her reasons. Dismissed |
|
| 2017-02-17 | Respondent's condensed book, (Book Form), 14 copies (submitted in Court) | Her Majesty the Queen |
| 2017-02-17 |
Hearing of the appeal, 2017-02-17, Abe Mo Ka Wa Côt Br Row Decision rendered |
|
| 2017-02-08 | Notice of appearance, (Letter Form), Janna Hyman and François Lacasse will be present at the hearing. Ms. Hyman will present oral arguments. | Director of Public Prosecutions of Canada |
| 2017-02-07 | Correspondence received from, 2 reserved seats requested | William Scott Clifford |
| 2017-02-07 | Notice of appearance, Dane F. Bullerwell and Jeffrey W. Beedell will be present at the hearing. Mr. Bullerwell will present oral arguments. | William Scott Clifford |
| 2017-02-06 | Notice of appearance, Michael Dineen and Jonathan Dawe will be present at the hearing. Mr. Dineen will present oral arguments. | Criminal Lawyers' Association of Ontario |
| 2017-02-06 | Notice of appearance, (Letter Form), Mr. John M. Gordon, Q.C. will be present at the hearing. | Her Majesty the Queen |
| 2017-02-06 |
Order by, Justice Côté, Côt, FURTHER TO THE ORDERS dated December 1, 2016 and December 14, 2016, granting leave to intervene to the Criminal Lawyers’ Association of Ontario and the Director of Public Prosecutions Canada for leave to intervene in the above appeal; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2017-02-02 | Correspondence received from, (Letter Form), the appellant, will not be filing a reply factum | William Scott Clifford |
| 2017-01-25 | Intervener's factum, (Book Form), Completed on: 2017-01-25 | Criminal Lawyers' Association of Ontario |
| 2017-01-25 | Intervener's book of authorities, (Book Form), 2 copies rec'd, Completed on: 2017-01-25 | Director of Public Prosecutions of Canada |
| 2017-01-25 | Intervener's factum, (Book Form), Completed on: 2017-01-25 | Director of Public Prosecutions of Canada |
| 2017-01-18 | Appeal perfected for hearing | |
| 2017-01-16 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-01-16) | Her Majesty the Queen |
| 2017-01-16 | Respondent's book of authorities, (Book Form), Completed on: 2017-01-16, (Electronic version filed on 2017-01-16) | Her Majesty the Queen |
| 2017-01-16 | Respondent's factum, (Book Form), Completed on: 2017-01-16, (Electronic version filed on 2017-01-16) | Her Majesty the Queen |
| 2016-12-14 | Order on motion for leave to intervene, by Justice Côté | |
| 2016-12-14 |
Decision on the motion for leave to intervene, Côt, 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 on or before January 25, 2017. The decision with respect to 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 appellant is permitted to respond to the intervention in the same five-page reply factum authorized by the order of December 1, 2016. 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 |
|
| 2016-12-14 | Submission of motion for leave to intervene, Côt | |
| 2016-12-12 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-12-12, (Electronic version filed on 2016-12-12) | William Scott Clifford |
| 2016-12-01 | Order on motion for leave to intervene, (by JUSTICE CÔTÉ) | |
| 2016-12-01 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATION by the Criminal Lawyers’ Association of Ontario 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 on or before January 25, 2017. 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 appellant is permitted to serve and file a five (5) page factum in reply to this intervention on or before February 2, 2017. 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 |
|
| 2016-12-01 | Submission of motion for leave to intervene, Côt | |
| 2016-11-30 | Motion for leave to intervene, (Letter Form), Completed on: 2016-11-30 | Director of Public Prosecutions of Canada |
| 2016-11-23 | Notice of hearing sent to parties | |
| 2016-11-18 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-11-18, (Printed version filed on 2016-11-21) | William Scott Clifford |
| 2016-11-16 |
Appeal hearing scheduled, 2017-02-17 Decision rendered |
|
| 2016-11-14 | Motion for leave to intervene, (Book Form), Completed on: 2016-11-14 | Criminal Lawyers' Association of Ontario |
| 2016-11-02 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-11-02) | William Scott Clifford |
| 2016-11-02 | Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2016-11-02, (Electronic version filed on 2016-11-02) | William Scott Clifford |
| 2016-11-02 | Appellant's record, (Book Form), (9 volumes), Completed on: 2016-11-02, (Electronic version filed on 2016-11-02) | William Scott Clifford |
| 2016-11-02 | Appellant's factum, (Book Form), Completed on: 2016-11-02, (Electronic version filed on 2016-11-02) | William Scott Clifford |
| 2016-08-23 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2016-08-17 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2016/08/17 | |
| 2016-08-10 | Certificate (on limitations to public access), (Letter Form), (Included in the notice of appeal), (Electronic version filed on 2016-08-10) | William Scott Clifford |
| 2016-08-10 | Notice of appeal, (Book Form), Completed on: 2016-08-11, (Electronic version filed on 2016-08-10) | William Scott Clifford |
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 |
|---|---|---|
| Clifford, William Scott | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association of Ontario | Intervener | Active |
| Director of Public Prosecutions of Canada | Intervener | Active |
Counsel
Party: Clifford, William Scott
Counsel
300 - 10150 100 Street NW
Edmonton, Alberta
T5J 0P6
Telephone: (780) 424-8866
FAX: (780) 426-1470
Email: dbullerwell@pringlelaw.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
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: john.gordon@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: Criminal Lawyers' Association of Ontario
Counsel
101-171 John Street
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5059
FAX: (416) 352-7733
Email: mdineen@dawedineen.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Director of Public Prosecutions of Canada
Counsel
515 - 234 Donald Street
Winnipeg, Manitoba
R3C 1M8
Telephone: (204) 984-0493
FAX: (204) 984-1350
Email: janna.hyman@ppsc-sppc.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
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.
Criminal law - Defences - Alibi - Evidence - Similar fact evidence - Whether the trial judge erred in using the appellant’s disbelieved alibi as post-offence conduct supportive of guilt - Whether the trial judge erred by treating an incident of attempted wilful damage as similar fact evidence probative of the issue of identity.
Mr. Clifford, appellant, was convicted of one count of arson and one count of mischief. He allegedly burned down his ex-girlfriend’s parents’ garage and girdled trees on their property. During the investigation, Mr. Clifford provided an alibi to police which the trial judge later rejected. On appeal, Mr. Clifford argued, among other things, that the trial judge erred in using the disbelieved alibi as evidence of guilt. He also argued that the trial judge erred by admitting what amounted to similar fact evidence. The Court of Appeal dismissed the appeal. Newbury J.A., dissenting, would have allowed the appeal and ordered a new trial.
Lower court rulings
Supreme Court of British Columbia
Appellant convicted of arson and mischief
Court of Appeal for British Columbia (Vancouver)
CA42578, 2016 BCCA 336
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.
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
Not available