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.
37514
Charles Gerald Patrick 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) |
|---|---|---|
| 2017-10-20 | Transcript received, 31 pages | |
| 2017-10-06 | Close file on Leave | |
| 2017-10-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-10-04 | Judgment on leave sent to the parties | |
| 2017-10-03 |
Judgment of the Court on the application for leave to appeal, After hearing the parties on the leave application on October 3, 2017, the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA43342, 2017 BCCA 57, dated February 3, 2017, is dismissed. Dismissed |
|
| 2017-10-03 |
Hearing of the application for leave to appeal, 2017-10-03, CJ Abe Mo Ka Wa Ga Côt Br Row Decision rendered |
|
| 2017-10-03 | Supplemental document, Condensed book - Submitted in Court (14 copies) | Charles Gerald Patrick |
| 2017-10-02 | Correspondence received from, (Letter Form), Applicant, re: additional authority for the Court's consideration from the Court of Appeal for Alberta, R. v. G.T.D. - 2017 ABCA 274., (Electronic version filed on 2017-10-02) | Charles Gerald Patrick |
| 2017-09-27 | Correspondence (sent by the Court) to, Respondent, re: contact and location information provided for the videoconference. | |
| 2017-09-26 | Correspondence (sent by the Court) to, Respondent, re: request to participate by video conference has been approved. | |
| 2017-09-25 | Notice of appearance, Lesley Ruzicka will be present | Her Majesty the Queen |
| 2017-09-22 | Notice of appearance, Micah Rankin and Anthony Varesi will be present at the hearing. | Charles Gerald Patrick |
| 2017-09-06 | Correspondence received from, (Letter Form), Lesley Ruzicka (by fax). Video conference for the hearing requested. | Her Majesty the Queen |
| 2017-09-01 | Notice of hearing sent to parties | |
| 2017-08-22 | Notice of hearing sent to parties | |
| 2017-08-21 | Appeal hearing scheduled, 2017-10-03, 1:30pm start (Oral hearing on Application for Leave to Appeal) | |
| 2017-07-06 | Correspondence received from, (Letter Form), Brigitte Raymond (by email). Lesley Ruzicka is counsel for the respondent. | Her Majesty the Queen |
| 2017-06-20 | Correspondence (sent by the Court) to, parties, re: oral hearing tentative date | |
| 2017-06-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-16 | Judgment on leave sent to the parties | |
| 2017-06-15 |
Judgment of the Court on the application for leave to appeal, An oral hearing of the application for leave to appeal is ordered in accordance with s. 43(1.2) of the Supreme Court Act, R.S.C., 1985, c. S-26. The hearing date will be fixed by the Registrar. Oral hearing ordered |
|
| 2017-05-15 |
All materials on application for leave submitted to the Judges, 2017-10-03, for consideration by the Court Decision rendered |
|
| 2017-05-15 | Applicant's reply to respondent's argument, (Letter Form), service to come-rec'd 2017/05/16, Completed on: 2017-05-15 | Charles Gerald Patrick |
| 2017-05-03 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2017-05-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-05-03 | Her Majesty the Queen |
| 2017-04-06 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/04/06 | |
| 2017-04-03 | Certificate (on limitations to public access), (Letter Form) | Charles Gerald Patrick |
| 2017-04-03 | Application for leave to appeal, (Book Form), An application for an oral hearing of the application for leave to appeal in included in the notice; amended notice rec'd 2017/04/04 and inserted into the application., Completed on: 2017-04-03 | Charles Gerald Patrick |
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 |
|---|---|---|
| Patrick, Charles Gerald | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Patrick, Charles Gerald
Counsel
Micah B. Rankin
200-121 St. Paul Street
Kamloops, British Columbia
V2C 3K8
Telephone: (250) 374-4463
FAX: (250) 374-5250
Email: avaresi@gillespieco.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
940 Blanshard street
3rd floor
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5156
FAX: (250) 387-4262
Email: lesley.ruzicka@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
Summary
Keywords
Charter of Rights – Constitutional law – Search and seizure – Investigative detention – Search power incidental to investigative detention – Does a police officer have the power to question a detainee during the course of conducting a pat-down search incident to an investigative detention?
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 early morning hours of December 11, 2013, the Applicant and his three other passengers were stopped in a vehicle. The investigating officer believed the group was associated with a local drug house. Insurance inquiries made during the stop led the officer to believe the vehicle had been obtained fraudulently. Backup soon arrived on the scene. The Applicant and his passengers were asked to exit the vehicle. Upon exiting the vehicle, the officer observed a bulge in the Applicant’s jacket. She asked the Applicant, “Do you have anything on you?” The Applicant responded that he had a shotgun. The firearm was seized and the Applicant was placed under arrest. The Applicant was not afforded an opportunity to speak with counsel until arriving at the police detachment about 40 minutes after the roadside stop occurred. He was ultimately charged in an eight count indictment with a variety of firearm-related offences.
Lower court rulings
Supreme Court of British Columbia
97293, 2015 BCSC 2362
Acquittal on all counts.
Court of Appeal for British Columbia (Vancouver)
CA43342, 2017 BCCA 57
Appeal allowed in part and new trial ordered on three counts.
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
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