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37506

Bruce Carson v. Her Majesty the Queen

(Ontario) (Criminal) (As of Right)

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)
2018-03-29 Appeal closed
2018-03-26 Formal judgment sent to the registrar of the court of appeal and all parties
2018-03-26 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-03-23 General proceeding, (Letter Form), sign-in sheet Bruce Carson
2018-03-23 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row,
The appeal from the judgment of the Court of Appeal for Ontario, Number C61464, 2017 ONCA 142, dated February 17, 2017, heard on November 3, 2017, is dismissed. Côté J. dissents.
Dismissed
2018-03-08 General proceeding, (Letter Form), Completed Lock-up Form and undertaking (will receive judgment remotely). Her Majesty the Queen
2018-03-07 General proceeding, (Letter Form), Completed Lock-up Form and undertaking.
Bruce Carson
2018-03-07 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.
2018-02-26 Correspondence received from, (Letter Form), Roger Shallow by email, re: will participate in the counsel lock-up remotely, if any. Her Majesty the Queen
2018-02-23 Correspondence received from, (Letter Form), Teri Cronley (by email). Does not oppose the submission of an additional authority by the appellant. Her Majesty the Queen
2018-02-23 Correspondence received from, (Letter Form), Patrick McCann by email and mail, re: will participate in the counsel lock-up, if any. Bruce Carson
2018-02-21 Media lock-up requested or proposed
2018-02-21 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.
2018-01-26 Correspondence received from, (Letter Form), Patrick McCann (by email). Submission of an additional authorities.CORRECTED version filed on 2018-02-27. DISTRIBUTED on 2018-02-28. Bruce Carson
2018-01-26 Correspondence received from, (Letter Form), Yael Wexler (by email). Sophie Arseneault is agent for the appellant. Bruce Carson
2017-11-16 Transcript received, 74 pages
2017-11-03 Judgment reserved OR rendered with reasons to follow
2017-11-03 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2017-11-03 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Bruce Carson
2017-11-03 Hearing of the appeal, 2017-11-03, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-10-18 Correspondence received from, (Letter Form), 1 reserved seat requested. Her Majesty the Queen
2017-10-17 Notice of appearance, (Letter Form), Mr. Roger Shallow will be present at the hearing and will present oral arguments. Her Majesty the Queen
2017-10-17 Notice of appearance, (Letter Form), Patrick McCann and Yael Wexler will be present at the hearing. Mr. McCann will present oral arguments. Bruce Carson
2017-08-23 Appeal hearing scheduled, 2017-11-03
Judgment reserved
2017-08-22 Notice of hearing sent to parties
2017-07-19 Appeal perfected for hearing
2017-07-19 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2017-07-19 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2017-07-19 Respondent's book of authorities, (Book Form), Completed on: 2017-07-19 Her Majesty the Queen
2017-07-19 Respondent's record, (Book Form), (2 volumes), Completed on: 2017-07-19 Her Majesty the Queen
2017-07-19 Respondent's factum, (Book Form), Completed on: 2017-07-19 Her Majesty the Queen
2017-05-24 Certificate of counsel (attesting to record) Bruce Carson
2017-05-24 Appellant's book of authorities, (Book Form), 2 copies, Completed on: 2017-05-24 Bruce Carson
2017-05-24 Appellant's record, (Book Form), Completed on: 2017-05-24 Bruce Carson
2017-05-24 Appellant's factum, (Book Form), Completed on: 2017-05-24 Bruce Carson
2017-04-06 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2017-04-06 Order on motion to extend time to serve and/or file notice of appeal, BY MR. JUSTICE GASCON
2017-04-06 Decision on motion to extend time to serve and/or file notice of appeal, Ga, UPON APPLICATION by the appellant for an order extending the time to serve and file his notice of appeal as of right to March 31, 2017;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2017-04-06 Submission of motion to extend time to serve and/or file notice of appeal submitted, Ga
2017-04-04 Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2017-04-04 Her Majesty the Queen
2017-04-03 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2017/04/03
2017-03-31 Certificate (on limitations to public access), (Letter Form) Bruce Carson
2017-03-31 Motion to extend the time to serve and/or file the notice of appeal, (Included in the notice of appeal), Completed on: 2017-03-31 Bruce Carson
2017-03-31 Notice of appeal, (Book Form), Completed on: 2017-03-31 Bruce Carson

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
Carson, Bruce Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Carson, Bruce

Counsel
Patrick McCann
55 Metcalfe Street
Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6906
FAX: (613) 230-6423
Email: pmccann@fasken.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: Her Majesty the Queen

Counsel
Roger Shallow
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: roger.shallow@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Summary

Keywords

Criminal law - Influence peddling - Interpretation - Whether the phrase “any matter of business relating to the government” in s. 121(1)(a)(iii) of the Criminal Code, R.S.C. 1985, c. C-46, as adopted by reference in s. 121(1)(d) of the Criminal Code, includes the sale of point of use water purification systems to First Nations Bands.

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.

The appellant was charged with influence peddling, contrary to s. 121(1)(d) of the Criminal Code, in relation to his attempt to persuade First Nations communities to buy water treatment systems being sold by a company that employed his then-girlfriend. While the appellant admitted he was a person who had influence with the government and that he had demanded a benefit for his girlfriend in exchange for exercising his influence on behalf of the company for which she worked, the trial judge entered an acquittal on the basis that the appellant’s conduct did not fall within the purview of s. 121(1)(d). Specifically, she found that the appellant’s activities did not involve “any matter of business relating to the government”. A majority of the Court of Appeal allowed the appeal and entered a conviction. Simmons J.A., dissenting, would have dismissed the appeal.

Lower court rulings

November 17, 2015
Ontario Superior Court of Justice

13-20008, 2015 ONSC 7127

Appellant acquitted of influence peddling

February 17, 2017
Court of Appeal for Ontario

C61464, 2017 ONCA 142

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.

Downloadable PDFs

Not available

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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Date modified: 2025-02-27