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37476

Her Majesty the Queen, et al. v. Derek Brassington, et al.

(British Columbia) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2019-05-08 Appeal closed
2019-05-07 Correspondence received from, PPSC confirming on 2019-05-07 that the trial has concluded and that the publication ban under s.648(1) has been lifted. Her Majesty the Queen
2019-02-11 Correspondence received from, the appellant, explaining their view the s.648 Criminal Code should remain in effect until such time the matter is concluded in the BCSC. Her Majesty the Queen
2018-10-09 Correspondence received from, Erika Buhrmann by email, re: publication ban still in effect; trial ongoing and expected to end in March 2019 Superintendant Gary Shinkaruk
2018-07-27 Appeal closed
2018-07-23 Formal judgment sent to the registrar of the court of appeal and all parties
2018-07-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-07-20 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar,
The appeals from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA43391, CA43396 and CA43402, 2017 BCCA 84, dated February 23, 2017, and from the judgment of the Supreme Court of British Columbia, Number 25813, 2015 BCSC 2001, dated November 2, 2015, heard on March 14, 2018, are allowed. The declaratory order of Wedge J. permitting disclosure of informer-privileged information is set aside. The Crown’s request for an order prohibiting the respondents from disclosing informer-privileged information to their counsel, subject to a successful “innocence at stake” application, is granted.
Allowed
2018-07-19 Correspondence received from, (Letter Form), Michael Sobkin. Contact information for counsel for the respondent. Paul Johnston
2018-07-17 Correspondence (sent by the Court) to, the parties. The Court will not hold a media lock-up.
2018-07-12 Correspondence received from, (Letter Form), Breese Davies. re: will participate REMOTELY in the counsel lock-up, if any. Federation of Law Societies of Canada
2018-07-12 Correspondence received from, (Letter Form), Michael Sobkin. re: will participate REMOTELY in the counsel lock-up, if any. Derek Brassington
2018-07-11 Correspondence received from, (Letter Form), Ginette Gobeil. re: will participate REMOTELY and IN PERSON in the counsel lock-up, if any. Attorney General of Canada
2018-07-11 Correspondence received from, (Letter Form), Brock Martland. re: will participate REMOTELY in the counsel lock-up, if any. Independent Criminal Defence Advocacy Society
2018-07-11 Correspondence received from, (Letter Form), P. Michael Bolton. re: will participate REMOTELY in the counsel lock-up, if any. Paul Johnston
2018-07-11 Correspondence received from, (Letter Form), Matthew Estabrooks. re: will participate REMOTELY in the counsel lock-up, if any. Criminal Lawyers' Association
2018-07-11 Correspondence received from, (Letter Form), Jasmine Leindecker. RE: No position on a possible lock-up. Attorney General of Ontario
2018-07-10 Correspondence received from, (Letter Form), Christopher Considine, Q.C.. RE: No position on a possible lock-up. Her Majesty the Queen
2018-07-10 Correspondence (sent by the Court) to, the appellants and respondents 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.
2018-07-10 Media lock-up requested or proposed
2018-04-03 Transcript received, (136 pages)
2018-03-14 General proceeding, (Letter Form), Questionnaire regarding the publication ban. Her Majesty the Queen
2018-03-14 General proceeding, (Letter Form), Questionnaire regarding the publication ban.l Person A
2018-03-14 General proceeding, (Letter Form), Questionnaire regarding the publication ban. Superintendant Gary Shinkaruk
2018-03-14 General proceeding, (Letter Form), Questionnaire regarding the publication ban. Derek Brassington
2018-03-14 Judgment reserved OR rendered with reasons to follow
2018-03-14 Hearing of the appeal, 2018-03-14, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-03-14 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies). Derek Brassington
2018-03-14 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies). Superintendant Gary Shinkaruk
2018-03-14 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies). Person A
2018-03-14 Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies). Her Majesty the Queen
2018-03-12 Correspondence received from, (Letter Form), Ginette Gobeil (by email). Request for 1 reserved seat. Attorney General of Canada
2018-03-12 Correspondence received from, (Letter Form), Jath Sabapathy (by email). Request for 2 reserved seats. Federation of Law Societies of Canada
2018-03-09 Notice of appearance, (Letter Form), Ian Donaldson, Q.C., Michael Sobkin, Miriam Isman, Michael Klein, Q.C., Michael Bolton, Q.C., Greg DelBigio and Alison Latimer will be appearing. Mr. DelBigio, Mr. Bolton, Mr. Donaldson and Mr. Klein will present oral argument. Request for 2 reserved seats. Derek Brassington
2018-03-07 Order on motion to extend time, (BY JUSTICE KARAKATSANIS)
2018-03-07 Decision on motion to extend time, Ka, UPON APPLICATION by the intervener Criminal Lawyers’ Association for an order extending the time to serve and file its factum to March 2, 2018 and allowing it to present oral argument at the hearing of the appeals notwithstanding the provisions of Rule 71(3) of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted. The said intervener shall be permitted to file its factum on or before March 2, 2018, and may present oral argument not exceeding five (5) minutes at the hearing of the appeals.
Granted
2018-03-07 Submission of motion to extend time, Ka
2018-03-06 Correspondence received from, (Letter Form), the appellants (by email). Will not be filing a reply factum to the interveners. Her Majesty the Queen
2018-03-06 Correspondence received from, (Letter Form), Brock Martland (by email). The intervener will rely on written submission only. Independent Criminal Defence Advocacy Society
2018-03-06 Response to motion to extend time, (Letter Form), Joint Response , Completed on: 2018-03-06 Her Majesty the Queen
2018-03-05 Response to motion to extend time, (Letter Form), Completed on: 2018-03-05 Derek Brassington
2018-03-05 Appeal hearing scheduled, 2018-03-14, EARLY 9:00AM START
Judgment reserved
2018-03-02 Motion to extend time, (Book Form), and for permission to present oral argument, Completed on: 2018-03-02 Criminal Lawyers' Association
2018-03-02 Intervener's book of authorities, (Book Form), Completed on: 2018-03-02 Criminal Lawyers' Association
2018-03-02 Intervener's factum, (Book Form), Completed on: 2018-03-02 Criminal Lawyers' Association
2018-03-01 Notice of name, (Letter Form), Amended Superintendant Gary Shinkaruk
2018-03-01 Notice of appearance, (Letter Form), Scott Hutchison and Lisa Jørgensen will be appearing. Mr. Hutchison will present oral argument. Criminal Lawyers' Association
2018-03-01 Correspondence received from, (Letter Form), Erika Buhrmann. Request for 4 reserved seats. Superintendant Gary Shinkaruk
2018-02-28 Notice of appearance, (Letter Form), Christopher M. Cosidine, Q.C. and Christopher A. Massey will be appearing. Both counsel will present oral argument. Her Majesty the Queen
2018-02-28 Notice of appearance, (Letter Form), François Lacasse and Ginette Gobeil will be appearing. Mr. Lacasse will present oral argument. Superintendant Gary Shinkaruk
2018-02-28 Intervener's factum, (Book Form), Completed on: 2018-02-28 Federation of Law Societies of Canada
2018-02-28 Intervener's factum, (Book Form), Completed on: 2018-02-28 Independent Criminal Defence Advocacy Society
2018-02-27 Notice of name, (Letter Form), AMENDED Superintendant Gary Shinkaruk
2018-02-27 Correspondence received from, (Letter Form), Matthew Estabrooks (by email). Change of counsel for the intervener. Criminal Lawyers' Association
2018-02-27 Intervener's factum, (Book Form), Completed on: 2018-02-27 Attorney General of Ontario
2018-02-23 Notice of appearance, (Letter Form), Breese Davies and Owen Goddard will be appearing. Ms. Davies will present oral argument. Federation of Law Societies of Canada
2018-02-22 Notice of appearance, (Letter Form), Robert Hubbard and Rebecca Schwartz will be appearing. Mr. HUbbard will present oral argument. Attorney General of Ontario
2018-02-21 Notice of appearance, (Letter Form), Patrick McGowan will be appearing presenting oral argument. Person A
2018-02-21 Notice of appearance, (Letter Form), John Norris and Lisa Jørgensen will be appearing. Mr. Norris will present oral argument. Criminal Lawyers' Association
2018-02-08 Appeal perfected for hearing
2018-02-07 Certificate (on limitations to public access), (Letter Form), 23B Derek Brassington
2018-02-07 Certificate (on limitations to public access), (Letter Form), 23A Derek Brassington
2018-02-07 Respondent's book of authorities, (Book Form), Completed on: 2018-02-07 Derek Brassington
2018-02-07 Respondent's factum, (Book Form), Completed on: 2018-02-07 Derek Brassington
2018-02-02 Order on motion for leave to intervene, (by Justice Karakatsanis)
2018-02-02 Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Attorney General of Ontario, the Criminal Lawyers’ Association, the Federation of Law Societies of Canada and the Independent Criminal Defence Advocacy Society for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before February 28, 2018.
The said interveners are granted permission to each present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The appellants are permitted to serve and file a joint factum not exceeding five (5) pages in length on or before March 7, 2018, in reply to these interveners.

The respondents are permitted to serve and file a joint factum not exceeding five (5) pages in length on or before March 7, 2018, in reply to these 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 appellants and the respondents any additional disbursements resulting from their interventions.
Granted
2018-02-02 Submission of motion for leave to intervene, (4 motions), Ka
2018-02-01 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-02-01 Derek Brassington
2018-01-31 Response to the motion for leave to intervene, (Letter Form), Joint response from all Appellants, Completed on: 2018-01-31 Her Majesty the Queen
2018-01-26 Notice of name, (Letter Form) Independent Criminal Defence Advocacy Society
2018-01-26 Motion for leave to intervene, (Letter Form), service to come (received 2018-01-26), Completed on: 2018-01-26 Independent Criminal Defence Advocacy Society
2018-01-25 Notice of name, (Letter Form) Federation of Law Societies of Canada
2018-01-25 Motion for leave to intervene, (Book Form), filing fee missing-rec'd 2018/01/30, Completed on: 2018-01-30 Federation of Law Societies of Canada
2018-01-24 Motion for leave to intervene, (Book Form), Completed on: 2018-01-24 Criminal Lawyers' Association
2018-01-24 Motion for leave to intervene, (Book Form), Completed on: 2018-01-24 Attorney General of Ontario
2018-01-11 Certificate (on limitations to public access), (Letter Form), Form 23B; amended certificate rec'd 2018/02/02 Superintendant Gary Shinkaruk
2018-01-11 Certificate (on limitations to public access), (Letter Form), Form 23A Superintendant Gary Shinkaruk
2017-12-28 Correspondence received from, (Letter Form), François Lacasse (by email). Letter regarding ther sealing order. Superintendant Gary Shinkaruk
2017-12-28 Correspondence received from, (Letter Form), Ian Donaldson, Q.C. (by mail). Mr. Donaldson is counsel for Derek Brassington. Derek Brassington
2017-12-21 Correspondence received from, (Letter Form), Christopher M. Considine, Q.C. (by email). No documents filed by the appellant is subject to a sealing order. Her Majesty the Queen
2017-12-11 Certificate of counsel (attesting to record), (Letter Form) Superintendant Gary Shinkaruk
2017-12-11 Appellant's record, (Book Form), (2 volumes), Completed on: 2017-12-11 Superintendant Gary Shinkaruk
2017-12-11 Appellant's factum, (Book Form), Completed on: 2017-12-11 Superintendant Gary Shinkaruk
2017-12-11 Correspondence received from, (Letter Form), Counsel in process of lifting sealing order. Superintendant Gary Shinkaruk
2017-12-11 Appellant's book of authorities, (Book Form), Completed on: 2017-12-11 Person A
2017-12-11 Certificate (on limitations to public access), (Letter Form), Form 23B; amended certificate rec'd 2018/02/05 Person A
2017-12-11 Appellant's factum, (Book Form), Completed on: 2017-12-11 Person A
2017-12-11 Correspondence received from, (Letter Form), Joint factum; Counsel in process of lifting sealing order. Person A
2017-12-11 Correspondence received from, (Letter Form), Sealing Order Attachments; Counsel in process of lifting sealing order. Her Majesty the Queen
2017-12-11 Certificate (on limitations to public access), (Letter Form), 23B (revised version file on 2017-12-21) Her Majesty the Queen
2017-12-11 Appellant's factum, (Book Form), S.40 Appeal, Completed on: 2017-12-11 Her Majesty the Queen
2017-12-11 Appellant's factum, (Book Form), S.37.2 CEA Appeal, Completed on: 2017-12-11 Her Majesty the Queen
2017-11-22 Notice of hearing sent to parties
2017-11-15 Correspondence received from, Letter appellant indicating that it would be difficult to file a redacted memorandum suitable for posting online. Her Majesty the Queen
2017-11-15 Correspondence received from, (Letter Form), Response cannot be posted online, and cannot be redacted. Derek Brassington
2017-11-14 Correspondence received from, (Letter Form), Memorandums of argument cannot be redacted Her Majesty the Queen
2017-10-23 Notice of appeal, (Letter Form), Completed on: 2017-10-23 Superintendant Gary Shinkaruk
2017-10-20 Notice of appeal, (Letter Form), British Columbia Court of Appeal file., Completed on: 2017-10-20 Her Majesty the Queen
2017-10-20 Notice of appeal, (Letter Form), Supreme Court of British Columbia file. , Completed on: 2017-10-20 Her Majesty the Queen
2017-10-20 Notice of appeal, (Letter Form), British Columbia Court of Appeal file., Completed on: 2017-10-20 Person A
2017-10-20 Notice of appeal, (Letter Form), Supreme Court of British Columbia file. , Completed on: 2017-10-20 Person A
2017-10-16 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-09-22 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-09-22 Judgment on leave sent to the parties
2017-09-21 Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the applications for leave to appeal are granted.

The applications for leave to appeal from the judgment of the Supreme Court of British Columbia, Number 25813, 2015 BCSC 2001, dated November 2, 2015, are granted.

The applications for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA43391, CA43402 and CA43396, 2017 BCCA 84, dated February 23, 2017, are also granted.

Granted
2017-09-21 Decision on motion to extend time to file and /or serve the leave application
Granted
2017-08-02 Discontinuance of motion to extend time, (Letter Form) Derek Brassington
2017-07-31 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-07-31 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2017-07-26 Correspondence received from, (Letter Form), Updated address information for counsel for the applicant, Person A. Person A
2017-07-25 Applicant's reply to respondent's argument, (Letter Form), adopts the submissions of Her Majesty the Queen, Completed on: 2017-07-25 Person A
2017-07-24 Certificate (on limitations to public access), (Letter Form), 23B; Amended certificate rec'd 2017/07/27 Her Majesty the Queen
2017-07-24 Certificate (on limitations to public access), (Letter Form), 23A; amended certificate rec'd 2017/07/27 Her Majesty the Queen
2017-07-24 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-07-24 Her Majesty the Queen
2017-07-18 Certificate (on limitations to public access), (Letter Form), 23B Derek Brassington
2017-07-18 Certificate (on limitations to public access), (Letter Form), 23A Sealed; Electronic copy of 23A filed on a sealed CD Derek Brassington
2017-07-18 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-07-18 Derek Brassington
2017-06-19 Letter acknowledging receipt of a complete application for leave to appeal, SIXTH APPLICATION
2017-06-19 Letter acknowledging receipt of a complete application for leave to appeal, FIFTH APPLICATION
2017-06-15 Correspondence received from, (Letter Form), Style of Cause should read "on appeal from the Supreme Court of British Columbia" Attorney General of Canada
2017-06-15 Certificate (on limitations to public access), (Letter Form), 23B Attorney General of Canada
2017-06-15 Certificate (on limitations to public access), (Letter Form), 23A; Attachment to 23A sealed Attorney General of Canada
2017-06-15 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-06-15 Attorney General of Canada
2017-06-15 Application for leave to appeal, (Book Form), SIXTH APPLICATION; CD Sealed, Completed on: 2017-06-15 Attorney General of Canada
2017-06-09 Notice of name, (Letter Form) Superintendant Gary Shinkaruk
2017-06-09 Certificate (on limitations to public access), (Letter Form), 23B Superintendant Gary Shinkaruk
2017-06-09 Certificate (on limitations to public access), (Letter Form), 23A; attachment to 23A sealed Superintendant Gary Shinkaruk
2017-06-09 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-06-09 Superintendant Gary Shinkaruk
2017-06-09 Application for leave to appeal, (Book Form), FIFTH APPLICATION; CD sealed, Completed on: 2017-06-09 Superintendant Gary Shinkaruk
2017-05-12 Correspondence received from, (Letter Form), will be filing applications for leave to appeal Superintendant Gary Shinkaruk
2017-05-12 Correspondence received, Attorney General of Canada and Superintendant Gary Shinkaruk; will be filing an application for leave to appeal in 37476 and 37477
2017-05-10 Response to motion to extend time, (Letter Form), Completed on: 2017-05-10 Person A
2017-05-09 Response to motion to extend time, (Letter Form), Completed on: 2017-05-09 Her Majesty the Queen
2017-05-05 Motion to extend time, (Book Form), Originally filed in 37477, Completed on: 2017-05-05 Derek Brassington
2017-05-05 Motion to extend time, (Book Form), on consent; to serve and file the response, Completed on: 2017-05-05 Derek Brassington
2017-04-25 Letter acknowledging receipt of a complete application for leave to appeal, THIRD APPLICATION
2017-04-25 Letter acknowledging receipt of a complete application for leave to appeal, FIRST APPLICATION
2017-04-24 Certificate (on limitations to public access), (Letter Form), 23B Person A
2017-04-24 Certificate (on limitations to public access), (Letter Form), 23A; Certificate and attachments SEALED Person A
2017-04-24 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-04-24 Person A
2017-04-24 Application for leave to appeal, (Book Form), THIRD APPLICATION, Completed on: 2017-04-24 Person A
2017-04-24 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2017-04-24 Certificate (on limitations to public access), (Letter Form), 23A; Certificate and attachments SEALED Her Majesty the Queen
2017-04-24 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-04-24 Her Majesty the Queen
2017-04-24 Application for leave to appeal, (Book Form), FIRST APPLICATION, Completed on: 2017-04-24 Her Majesty the Queen
2017-04-21 Certificate (on limitations to public access), (Letter Form), 23B Person A
2017-04-21 Certificate (on limitations to public access), (Letter Form), 23A Person A
2017-04-21 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-04-21 Person A
2017-04-21 Application for leave to appeal, (Book Form), FOURTH APPLICATION, Completed on: 2017-04-21 Person A
2017-04-18 Letter acknowledging receipt of a complete application for leave to appeal, SECOND APPLICATION
2017-04-12 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2017-04-12 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2017-04-12 Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), payment missing-rec'd 2017/04/18, Completed on: 2017-04-19 Her Majesty the Queen
2017-04-12 Application for leave to appeal, (Book Form), SECOND APPLICATION, Completed on: 2017-04-12 Her Majesty the Queen
2017-03-29 Letter acknowledging receipt of a notice of application for leave to appeal, FOURTH NOTICE
2017-03-29 Letter acknowledging receipt of a notice of application for leave to appeal, SECOND NOTICE
2017-03-15 Correspondence received from, (Letter Form), Explanation of the second notice of application Person A
2017-03-15 Certificate (on limitations to public access), (Letter Form), 23B Person A
2017-03-15 Certificate (on limitations to public access), (Letter Form), 23A; SEALED Person A
2017-03-15 Notice of application for leave to appeal, (Letter Form), FOURTH NOTICE OF APPLICATION, Completed on: 2017-03-15 Person A
2017-03-14 Correspondence received from, (Letter Form), Explanation of second notice of application Her Majesty the Queen
2017-03-14 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2017-03-14 Certificate (on limitations to public access), (Letter Form), 23A; SEALED Her Majesty the Queen
2017-03-14 Notice of application for leave to appeal, (Letter Form), SECOND NOTICE OF APPLICATION; BCSC decision filed separately on 2017/03/14, Completed on: 2017-03-14 Her Majesty the Queen
2017-03-13 Letter acknowledging receipt of a notice of application for leave to appeal, THIRD NOTICE
2017-03-13 Letter acknowledging receipt of a notice of application for leave to appeal, FIRST NOTICE
2017-03-06 Correspondence received from, (Letter Form), Referring to letter of Mr. Christopher M. Considine, Q.C. regarding an explanation of the background of this file. Person A
2017-03-06 Certificate (on limitations to public access), (Letter Form), 23B Person A
2017-03-06 Certificate (on limitations to public access), (Letter Form), 23A; SEALED Person A
2017-03-06 Notice of application for leave to appeal, (Letter Form), THIRD NOTICE OF APPLICATION, Completed on: 2017-03-06 Person A
2017-03-06 Correspondence received from, (Letter Form), Explanation of the background of this file. Her Majesty the Queen
2017-03-06 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2017-03-06 Certificate (on limitations to public access), (Letter Form), 23A; SEALED Her Majesty the Queen
2017-03-06 Notice of application for leave to appeal, (Letter Form), FIRST NOTICE OF APPLICATION; Sealed CD, containing sealed documents from the lower courts, filed. Notice is not sealed., Completed on: 2017-03-06 Her Majesty the Queen

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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Brassington, Derek Respondent Active
Attew, David Respondent Active
Johnston, Paul Respondent Active
Michaud, Danny Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Person A Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
Brassington, Derek Respondent Active
Attew, David Respondent Active
Johnston, Paul Respondent Active
Michaud, Danny Respondent Active

And Between

Sub parties (2) - Appellants
Name Role Status
Superintendant Gary Shinkaruk Appellant Active

v.

Sub parties (2) - Respondents
Name Role Status
Brassington, Derek Respondent Active
Attew, David Respondent Active
Johnston, Paul Respondent Active
Michaud, Danny Respondent Active

And Between

Sub parties (3) - Appellants
Name Role Status
Attorney General of Canada Appellant Active

v.

Sub parties (3) - Respondents
Name Role Status
Brassington, Derek Respondent Active
Attew, David Respondent Active
Johnston, Paul Respondent Active
Michaud, Danny Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Criminal Lawyers' Association Intervener Active
Federation of Law Societies of Canada Intervener Active
Independent Criminal Defence Advocacy Society Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Christopher M. Considine, Q.C.
Christopher A. Massey
Considine & Company
30 Dallas Road
Victoria, British Columbia
V8V 0A2
Telephone: (250) 381-7788
FAX: (250) 381-1042
Email: cmconsidine@considinelaw.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Person A

Counsel
Patrick McGowan
Ritchie Sandford McGowan
1200-1111 Melville Street
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 684-0778
FAX: (604) 684-0799
Email: pmcgowan@ritchiesandford.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Superintendant Gary Shinkaruk

Counsel
Ginette Gobeil
François Lacasse
Procureur général du Canada
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 9e Étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 283-3856
Email: ginette.gobeil@justice.gc.ca
Agent
Robert J. Frater Q.C.
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Attorney General of Canada

Counsel
Ginette Gobeil
François Lacasse
Procureur général du Canada
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 9e Étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 283-3856
Email: ginette.gobeil@justice.gc.ca
Agent
Robert J. Frater Q.C.
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

Party: Brassington, Derek

Counsel
Ian Donaldson, Q.C.
Miriam Isman
Donaldson's
105-1500 Howe Street
Vancouver, British Columbia
V6Z 2N1
Telephone: (604) 681-5232
FAX: (604) 681-1331
Email: ian@donaldsonlaw.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Attew, David

Counsel
Michael Klein, Q.C.
Michael Klein Law Corporation
777 Hornby Street
Suite 1050
Vancouver, British Columbia
V6Z 1S4
Telephone: (604) 687-4288
FAX: (604) 687-4299
Email: michael@michaelkleinlaw.com
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Johnston, Paul

Counsel
P. Michael Bolton, Q.C.
Bolton Law
1122 Mainland Street
Suite 335
Vancouver, British Columbia
V6B 5L1
Telephone: (614) 687-7078
FAX: (604) 687-3022
Email: mbolton@bolton-law.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Michaud, Danny

Counsel
Gregory Delbigio, Q.C.
Alison Latimer
Thorsteinssons
595 Burrard Street
27th Floor
Vancouver, British Columbia
V7X 1J2
Telephone: (604) 351-2590
FAX: (604) 688-4711
Email: gdelbigio@thor.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Attorney General of Ontario

Counsel
Robert W. Hubbard
Attorney General of Ontario
10th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: robert.hubbard@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Criminal Lawyers' Association

Counsel
Scott C. Hutchison
Lisa Jørgensen
Henein Hutchison LLP
235 King Street East
1st floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: shutchison@hhllp.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
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: Federation of Law Societies of Canada

Counsel
Breese Davies
Owen Goddard
Breese Davies Law
Simcoe Chambers
116 Simcoe Street, Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 649-5061
FAX: (416) 352-7733
Email: bdavies@bdlaw.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: Independent Criminal Defence Advocacy Society

Counsel
Brock Martland
Martland & Saulnier
506-815 Hornby St.
Vancouver, British Columbia
V6Z 2E6
Telephone: (604) 687-6278
FAX: (604) 687-6298
Email: martland@martland.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Summary

Keywords

(PUBLICATION BAN IN CASE) (SEALING ORDER)<br><br>Criminal law.<br>

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.

In the context of the investigation of the gang-related homicides of six individuals, known as the “Surrey Six”, four RCMP officers were charged with breach of trust, obstruction of justice and fraud allegedly committed in the course of their duties during the investigation, relating to allegations that they engaged in inappropriate conduct while managing a protected witness.

Lower court rulings

November 2, 2015
Supreme Court of British Columbia

25813, 2015 BCSC 2001

Application allowed

January 8, 2016
Supreme Court of British Columbia

25813, 2016 BCSC 163

Objection considered

February 23, 2017
Court of Appeal for British Columbia (Vancouver)

2017 BCCA 84, CA43391, CA43402

Appeal allowed

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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Date modified: 2025-02-27