Case information
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37235
Kwesi Millington 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) |
|---|---|---|
| 2017-11-21 | Appeal closed | |
| 2017-11-16 | Transcript received, Joint with 37411; 95 pages | |
| 2017-10-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-10-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-10-30 |
Judgment on the appeal rendered, Abe Mo Ka Wa Ga Côt Row, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42876, 2016 BCCA 293, dated July 14, 2016, was heard on October 30, 2017, and the Court on that day delivered the following judgment orally: ABELLA J. — A majority would dismiss the appeal substantially for the reasons of the Court of Appeal. Justice Côté, dissenting, would have ordered a new trial on the basis that the finding of collusion was unreasonable and tainted the other findings of the trial judge. Dismissed |
|
| 2017-10-30 | Respondent's condensed book, (Book Form), Joint with 37411; Submitted in Court (14 copies) | Her Majesty the Queen |
| 2017-10-30 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Kwesi Millington |
| 2017-10-30 |
Hearing of the appeal, 2017-10-30, Abe Mo Ka Wa Ga Côt Row Judgment rendered |
|
| 2017-10-19 | Notice of appearance, (Letter Form), Glen Orris, Q.C., and Brian A. Crane, Q.C. will be present at the hearing. Mr. Orris will present oral arguments. | Kwesi Millington |
| 2017-10-19 | Notice of appearance, (Letter Form), Joint with 37411; Richard C.C. Peck, Q.C., Eric V. Gottardi, and Tony Paisana will be present at the hearing. Mr. Gottardi will present oral arguments (37235) | Her Majesty the Queen |
| 2017-10-16 | Correspondence received from, (Letter Form), 7 reserved seats requested | Kwesi Millington |
| 2017-10-11 | Correspondence received from, 4 reserved seats requested | Kwesi Millington |
| 2017-09-29 | Appeal perfected for hearing | |
| 2017-09-26 | Respondent's book of authorities, (Book Form), Completed on: 2017-09-26 | Her Majesty the Queen |
| 2017-09-26 | Respondent's factum, (Book Form), Completed on: 2017-09-26 | Her Majesty the Queen |
| 2017-09-25 | Correspondence received from, Karen Collins dated 2017-09-22. Re: Missing pages of the record, Tab 1 | Kwesi Millington |
| 2017-08-21 |
Appeal hearing scheduled, 2017-10-30 Judgment rendered |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-08-04 | Certificate of counsel (attesting to record) | Kwesi Millington |
| 2017-08-04 |
Appellant's record, (Book Form), CD of Court of Appeal Records included at tab 12 of served copy - Supplementary record filed and served electronically only on 2017-09-22 Pages 2-10 of the Trial Court decision inserted at Tab 1 of the record on 2017/10/23, Completed on: 2017-08-04 |
Kwesi Millington |
| 2017-08-04 | Appellant's factum, (Book Form), Completed on: 2017-08-04 | Kwesi Millington |
| 2017-06-19 | Notice of appeal, (Letter Form), Completed on: 2017-06-19, (Electronic version filed on 2017-06-19) | Kwesi Millington |
| 2017-05-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-05-19 | Judgment on leave sent to the parties | |
| 2017-05-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-05-18 |
Judgment of the Court on the application for leave to appeal, The motion to adduce fresh evidence is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42876, 2016 BCCA 293, dated July 14, 2016, is granted. Granted |
|
| 2017-05-18 |
Decision on motion to adduce new evidence, See judgment on application for leave to appeal. Dismissed |
|
| 2017-04-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-04-24 | Submission of motion to adduce new evidence, for consideration by the Court | |
| 2017-04-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-04-21 | Kwesi Millington |
| 2017-04-18 | Reply to motion to adduce new evidence, (Letter Form), Completed on: 2017-04-18 | Kwesi Millington |
| 2017-04-11 | Response to the motion to adduce new evidence, Completed on: 2017-04-11 | Her Majesty the Queen |
| 2017-04-11 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2017-04-11 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-04-11 | Her Majesty the Queen |
| 2017-03-13 | Certificate (on limitations to public access), (Letter Form) | Kwesi Millington |
| 2017-03-13 | Motion to adduce new evidence, (Included in the application for leave to appeal), Completed on: 2017-03-13 | Kwesi Millington |
| 2017-03-13 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2017-03-13 | Kwesi Millington |
| 2017-03-03 | Notice of change of solicitor, (Letter Form), Glen Orris Q.C. (Glen Orris Q.C. Law Corp.) will be counsel and Brian A. Crane, Q.C. (Gowling WLG (Canada) LLP) will be agent for the applicant. | Kwesi Millington |
| 2016-11-29 | Order on motion to extend the time to file and/or serve the leave application, by Justice Moldaver | |
| 2016-11-29 |
Decision on motion to extend time to file and /or serve the leave application, Mo, UPON APPLICATION by the applicant for an order extending the time to serve and file his application for leave to appeal to March 13, 2017; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2016-11-29 | Submission of motion to extend time to file and/ or serve the leave application, Mo | |
| 2016-11-22 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2016-11-22, (Electronic version filed on 2016-11-22) | Kwesi Millington |
| 2016-10-24 | Order on motion to extend the time to file and/or serve the leave application, by Justice Moldaver | |
| 2016-10-24 |
Decision on motion to extend time to file and /or serve the leave application, Mo, UPON APPLICATION by the applicant for an order extending the time to serve and file the Application for Leave to Appeal to December 15, 2016; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2016-10-24 | Submission of motion to extend time to file and/ or serve the leave application, Mo | |
| 2016-10-21 | Certificate (on limitations to public access), (Letter Form), Amended, (Printed version filed on 2016-10-21) | Kwesi Millington |
| 2016-10-21 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2016-10-21, (Printed version filed on 2016-10-21) | Kwesi Millington |
| 2016-10-14 | Order on motion to extend the time to file and/or serve the leave application, By Justice Moldaver | |
| 2016-10-14 |
Decision on motion to extend time to file and /or serve the leave application, Mo, UPON APPLICATION by the applicant for an order extending the time to serve and file the Application for Leave to Appeal to October 27, 2016; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2016-10-14 | Submission of motion to extend time to file and/ or serve the leave application, Mo | |
| 2016-10-04 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2016-09-29 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2016-10-04, (Electronic version filed on 2016-09-29) | Kwesi Millington |
| 2016-07-14 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2016-07-14) | Kwesi Millington |
| 2016-07-14 | Notice of application for leave to appeal, (Letter Form), Completed on: 2016-07-14, (Electronic version filed on 2016-07-14) | Kwesi Millington |
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 |
|---|---|---|
| Millington, Kwesi | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Millington, Kwesi
Counsel
500 - 815 Hornby Street
Vancouver, British Columbia
V6Z 2E6
Telephone: (604) 669-6711
FAX: (604) 669-5180
Email: glen@orrislawcorp.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Eric V. Gottardi
Tony C. Paisana
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@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 – Perjury – Unreasonable verdict – Issue estoppel – Abuse of process – Whether applicant’s conviction unsafe because not supported by evidence or otherwise unreasonable – Whether findings of fact and inferences drawn by trial judge in first of several trials involving accused charged with same offence and involving same issues should be considered by subsequent trial judges in same series of trials.
Following a public inquiry into the death of Mr. Robert Dziekanski, a visitor from Poland who was tasered by RCMP officers at the Vancouver International Airport and who was pronounced dead shortly thereafter, the applicant, along with three other RCMP officers involved in the incident, were charged with perjury and tried in the Supreme Court of British Columbia. The applicant and another officer were convicted. The other two officers were acquitted. The charge of perjury against the applicant related to testimony he gave at the inquiry. The trial judge found that the applicant had lied at the inquiry about what he had perceived during the incident and about whether he discussed the details of the incident with the other officers before giving his statements to the investigators. The trial judge also found that the applicant’s account of the incident was unquestionably inaccurate in material respects when compared to a video of the incident taken by a bystander. The Court of Appeal unanimously dismissed the applicant’s appeal.
Lower court rulings
Supreme Court of British Columbia
25752, 2015 BCSC 515
Applicant convicted of perjury
Court of Appeal for British Columbia (Vancouver)
CA42876, 2016 BCCA 293
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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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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