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.
37247
Richard Alan Suter v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2018-07-05 | Appeal closed | |
| 2018-07-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-07-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-06-29 |
Judgment on the appeal rendered, Abe Mo Ka Wa Ga Côt Row, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1503-0323-A, 2016 ABCA 235, dated August 10, 2016, heard on October 11, 2017, is allowed in part. The sentence of 26 months’ imprisonment imposed by the Court of Appeal is set aside and replaced with one of time served. The 30-month driving prohibition is upheld. Gascon J. dissents in part. Allowed in part |
|
| 2018-06-27 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. Fady Mansour. | Richard Alan Suter |
| 2018-06-26 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. William J. Van Engen. | Richard Alan Suter |
| 2018-06-25 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Ms. Joanne Dartana. | Her Majesty the Queen |
| 2018-06-25 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. Peter Sankoff. | Richard Alan Suter |
| 2018-06-25 | General proceeding, (Letter Form), Undertaking Form for a remote Lock-up for Mr. Dino Bottos. | Richard Alan Suter |
| 2018-06-22 |
Correspondence (sent by the Court) to, all parties by e-mail and regular mail, re: the Court has decided to hold a media lock-up and a separate counsel lock-up. |
|
| 2018-06-21 |
Correspondence received from, (Letter Form), Ms. Joanne B. Dartana, by email and mail, re: has no comments or objection to proposed lock-up and will participate in the counsel lock-up remotely, if any. |
Her Majesty the Queen |
| 2018-06-21 | Correspondence received from, (Letter Form), Mr. Dino Bottos, by email and mail, re: will participate in the counsel lock-up remotely, if any. | Richard Alan Suter |
| 2018-06-20 | Correspondence (sent by the Court) to, The appellant and respondent by email and regular mail, re: Letter seeking comments on media lock-up and whether a separate and simultaneous lock-up for counsel is required. | |
| 2018-06-20 | Media lock-up requested or proposed | |
| 2017-10-25 | Transcript received, 85 pages | |
| 2017-10-11 | Judgment reserved OR rendered with reasons to follow | |
| 2017-10-11 | Respondent's condensed book, (Book Form), Submitted in Court; 14 copies | Her Majesty the Queen |
| 2017-10-11 | Appellant's condensed book, (Book Form), Submitted in Court; 14 copies | Richard Alan Suter |
| 2017-10-11 |
Hearing of the appeal, 2017-10-11, Abe Mo Ka Wa Ga Côt Row Judgment reserved |
|
| 2017-09-27 | Correspondence received from, Appellant; Copy of recent case 2017 SCC 37 which the appellant will be referring to in their oral argument. | Richard Alan Suter |
| 2017-09-25 | Notice of appearance, Joanne B. Dartana and David A. Labrenz will be present | Her Majesty the Queen |
| 2017-09-21 | Notice of appearance, Dino Bottos, Will Van Engen, Fady Mansour and Peter Sankoff will be present | Richard Alan Suter |
| 2017-09-13 | Appellant's book of authorities, (Letter Form), Supplemental authority (R. v. McDonald, 2017 BCCA 271), Completed on: 2017-09-14 | Richard Alan Suter |
| 2017-08-21 |
Appeal hearing scheduled, 2017-10-11, (previously tentatively scheduled for Oct.10/2017) Judgment reserved |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-06-08 | Certificate (on limitations to public access), (Letter Form) | Richard Alan Suter |
| 2017-06-08 | Reply factum on appeal, (Book Form), Completed on: 2017-06-08 | Richard Alan Suter |
| 2017-06-01 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2017-05-31 | Appeal perfected for hearing | |
| 2017-05-25 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2017-05-25 | Respondent's book of authorities, (Book Form), Completed on: 2017-05-25 | Her Majesty the Queen |
| 2017-05-25 | Respondent's record, (Book Form), Completed on: 2017-05-25 | Her Majesty the Queen |
| 2017-05-25 | Respondent's factum, (Book Form), Completed on: 2017-05-25 | Her Majesty the Queen |
| 2017-04-07 | Certificate of counsel (attesting to record), (Letter Form) | Richard Alan Suter |
| 2017-04-07 | Certificate (on limitations to public access), (Letter Form) | Richard Alan Suter |
| 2017-04-07 | Appellant's book of authorities, (Book Form), Completed on: 2017-04-07 | Richard Alan Suter |
| 2017-04-07 | Appellant's record, (Book Form), (2 volumes), Completed on: 2017-04-07 | Richard Alan Suter |
| 2017-04-07 | Appellant's factum, (Book Form), 1 copy missing, Completed on: 2017-04-07 | Richard Alan Suter |
| 2017-02-13 | Notice of appeal, (Letter Form), Completed on: 2017-02-13, (Electronic version filed on 2017-02-13) | Richard Alan Suter |
| 2017-01-13 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-01-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-01-13 | Judgment on leave sent to the parties | |
| 2017-01-12 |
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 of Alberta (Edmonton), Number 1503-0323-A, 2016 ABCA 235, dated August 10, 2016, is granted. Granted |
|
| 2016-12-05 | All materials on application for leave submitted to the Judges, Mo Côt Row | |
| 2016-11-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-11-21, (Electronic version filed on 2016-11-21) | Richard Alan Suter |
| 2016-11-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-10) | Her Majesty the Queen |
| 2016-11-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-11-10, (Electronic version filed on 2016-11-10) | Her Majesty the Queen |
| 2016-10-13 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/10/13 | |
| 2016-10-11 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-10-11) | Richard Alan Suter |
| 2016-10-11 | Application for leave to appeal, (Book Form), Completed on: 2016-10-11, (Electronic version filed on 2016-10-11) | Richard Alan Suter |
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 |
|---|---|---|
| Suter, Richard Alan | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Suter, Richard Alan
Counsel
William Van Engen
Fady Mansour
Peter Sankoff
4th Floor, 10226 104 Street, NW
Edmonton, Alberta
T5J 1B8
Telephone: (780) 421-7001
FAX: (780) 421-7031
Email: dbottos@depoebottos.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
David A. Labrenz, Q.C.
3rd Floor, Bowker Building
9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 643-1857
FAX: (780) 422-1106
Email: joanne.dartana@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
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 – Sentencing – Refusal to provide breath sample following a collision causing death – In what circumstances can a mistake of law operate so as to mitigate a person’s sentence? – What constitutes a relevant aggravating or mitigating circumstance? – Can the policy objectives of Parliament trump the fundamental principle of proportionality in sentencing? – Whether the Court of Appeal erred in raising without adequate notice to the parties new grounds of appeal favouring the Crown – Whether the Court of Appeal erred in finding facts which have no bases in the record – Criminal Code, R.S.C. 1985, c. C-46, s. 255(3.2).
Mr. Suter, applicant, pled guilty to the offence of refusing to provide a breath sample following a collision causing death, contrary to s. 255(3.2) of the Criminal Code. He struck several people having dinner on a restaurant patio, including a two and a half year old boy who died of his injuries. While arguing with his spouse, he inadvertently pressed hard on the gas pedal thinking it was the brake and drove his car into the patio. Once arrested and placed in a cell at the police station, Mr. Suter spoke to a lawyer who advised him not to provide a breath sample. He followed that advice. The sentencing judge found as fact that Mr. Suter was not impaired at the time of the collision. He was sentenced to four months of incarceration and to a 30 month driving prohibition. The Court of Appeal allowed the Crown’s appeal and imposed a period of imprisonment of 26 months.
Lower court rulings
Provincial Court of Alberta
130569940P1, 2015 ABPC 269
Applicant sentenced to four months of incarceration and a 30 month driving prohibition after pleading guilty to the offence of refusing to provide a breath sample following a collision causing death, contrary to s. 255(3.2) of the Criminal Code
Court of Appeal of Alberta (Edmonton)
1503-0323-A, 1603-0019-A, 2016 ABCA 235
Appeal allowed; sentence of 26 months of incarceration imposed; other aspects of sentence unchanged
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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