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.
37869
Corey Lee James Myers 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) |
|---|---|---|
| 2019-07-11 | Appeal closed | |
| 2019-07-11 | Correspondence (sent by the Court) to, the appellant. RE: Correspondence dated April 15, 2019. | |
| 2019-04-16 | Correspondence received from, (Letter Form), Justin V. Myers. Re: Reasons for judgment on appeal. | Corey Lee James Myers |
| 2019-04-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-04-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-03-28 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Supreme Court of British Columbia, Number XO79572, dated October 5, 2017, heard on October 18, 2018, is allowed. Allowed |
|
| 2018-10-31 | Transcript received, 99 pages | |
| 2018-10-18 | Judgment reserved OR rendered with reasons to follow | |
| 2018-10-18 |
Hearing of the appeal, 2018-10-18, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-10-18 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Attorney General of Ontario |
| 2018-10-18 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2018-10-18 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Corey Lee James Myers |
| 2018-10-18 | Certificate (on limitations to public access), (Letter Form), Amended 23B | Corey Lee James Myers |
| 2018-10-18 | Certificate (on limitations to public access), (Letter Form), Amended 23A-There is no sensitivity on this file. | Corey Lee James Myers |
| 2018-10-17 | Certificate (on limitations to public access), (Letter Form), Amended 23A-There is no sensitivity for this file. | Her Majesty the Queen |
| 2018-10-17 | Correspondence received from, (Letter Form), Counsel for the appellant, re: publication ban no longer in effect, requesting to have the appeal hearing webcast live. | Corey Lee James Myers |
| 2018-10-10 | Correspondence received from, (Letter Form), Respondent, re: The Impact of the Restriction on the Court's Reasons once delivered. | Her Majesty the Queen |
| 2018-10-04 | Correspondence received from, (Letter Form), Appellant, re: restriction | Corey Lee James Myers |
| 2018-10-04 | Notice of appearance, (Letter Form), Christine Mainville will be present at the hearing and will present oral arguments. | Canadian Civil Liberties Association |
| 2018-10-04 | Notice of appearance, (Letter Form), Justin Vladimir Myers, Lawrence D. Myers, Q.C., and Zack Myers will be present at the hearing. Mr. Justin Myers will present oral arguments. | Corey Lee James Myers |
| 2018-10-01 | Notice of appearance, (Letter Form), John R.W. Caldwell and Nicholas Reithmeier will be present at the hearing. Mr. Caldwell will present oral argument. | Her Majesty the Queen |
| 2018-09-28 | Certificate (on limitations to public access), 23B | Corey Lee James Myers |
| 2018-09-26 | Intervener's book of authorities, (Book Form), Amended covers rec'd 2018/10/02, Completed on: 2018-09-26 | Canadian Civil Liberties Association |
| 2018-09-26 | Intervener's factum, (Book Form), Amended covers rec'd 2018/10/02, Completed on: 2018-09-26 | Canadian Civil Liberties Association |
| 2018-09-25 | Intervener's book of authorities, (Book Form), Completed on: 2018-09-25 | Attorney General of Ontario |
| 2018-09-25 | Intervener's factum, (Book Form), Completed on: 2018-09-25 | Attorney General of Ontario |
| 2018-09-17 | Appeal perfected for hearing | |
| 2018-09-13 | Order on motion to extend time, (BY MR. JUSTICE GASCON) | |
| 2018-09-13 |
Decision on motion to extend time, Ga, UPON APPLICATION by the respondent for an order extending the time to serve and file its factum, book of authorities and record to September 4, 2018, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; AND NOTING THAT the appellant consents to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2018-09-13 | Submission of motion to extend time, Ga | |
| 2018-09-07 | Response to motion to extend time, (Letter Form), Completed on: 2018-09-07 | Corey Lee James Myers |
| 2018-09-07 | Motion to extend time, (Letter Form), to serve and file the respondent`s factum. , Completed on: 2018-09-07 | Her Majesty the Queen |
| 2018-09-04 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2018-09-04 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2018-09-04 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2018-09-04 | Respondent's book of authorities, (Book Form), Completed on: 2018-09-04 | Her Majesty the Queen |
| 2018-09-04 |
Respondent's record, (Book Form), RESTRICTED-2 redacted copies filed 2018/10/10 No restriction on the file, redacted copies disposed of, Completed on: 2018-09-04 |
Her Majesty the Queen |
| 2018-09-04 | Respondent's factum, (Book Form), late - motion required-rec'd 2018/09/07, Completed on: 2018-09-07 | Her Majesty the Queen |
| 2018-08-30 |
Correspondence received from, (Letter Form), Zack Myers is co-counsel for the appellant. Updated contact information. |
Corey Lee James Myers |
| 2018-08-29 | Notice of appearance, (Letter Form), Joan Barrett and Jessica Smith Joy will be present at the hearing. Ms. Barrett will present oral arguments. | Attorney General of Ontario |
| 2018-08-20 |
Appeal hearing scheduled, 2018-10-18, (previously tentatively scheduled for November 15, 2018) Judgment reserved |
|
| 2018-08-17 | Order on motion for leave to intervene, (by MARTIN J.) | |
| 2018-08-17 |
Decision on the motion for leave to intervene, Mar, UPON APPLICATIONS by the Attorney General of Ontario and the Canadian Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said two (2) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before September 28, 2018. The said two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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 appellant and respondent any additional disbursements resulting from their interventions. Granted |
|
| 2018-08-17 | Submission of motion for leave to intervene, Mar | |
| 2018-07-31 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-31 | Her Majesty the Queen |
| 2018-07-24 | Notice of name, (Letter Form), amended notice filed on July 26, 2018. | Canadian Civil Liberties Association |
| 2018-07-24 | Motion for leave to intervene, (Book Form), Completed on: 2018-07-24 | Canadian Civil Liberties Association |
| 2018-07-23 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Ontario |
| 2018-07-23 | Motion for leave to intervene, (Letter Form), Completed on: 2018-07-23 | Attorney General of Ontario |
| 2018-07-09 | Certificate of counsel (attesting to record), (Letter Form) | Corey Lee James Myers |
| 2018-07-09 | Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate rec'd 2018/09/28 | Corey Lee James Myers |
| 2018-07-09 |
Appellant's record, (Book Form), RESTRICTED; 2 redacted copies rec'd 2018/10/10 No restriction on the file, redacted copies disposed of, Completed on: 2018-07-09 |
Corey Lee James Myers |
| 2018-07-09 | Appellant's book of authorities, (Book Form), Completed on: 2018-07-09 | Corey Lee James Myers |
| 2018-07-09 | Appellant's factum, (Book Form), Completed on: 2018-07-09 | Corey Lee James Myers |
| 2018-05-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), The hearing of this appeal will be tentatively set for October 18, 2018. | |
| 2018-05-18 | Correspondence received from, (Letter Form), Counsel for the Appellant, re: request to change tentative hearing date. | Corey Lee James Myers |
| 2018-05-14 | Notice of appeal, (Letter Form), amended notice required-rec'd 2018/05/18, Completed on: 2018-05-14 | Corey Lee James Myers |
| 2018-04-18 | Correspondence received from, (Letter Form), Collins (by email) Indicating the chage of Counsel for Her Majesty the Queen to John R.W. Caldwell and that Nicolas Reithmeier is co-counsel. | Her Majesty the Queen |
| 2018-04-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-04-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2018-04-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-04-13 | Judgment on leave sent to the parties | |
| 2018-04-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of British Columbia, Number X079572, dated October 5, 2017, is granted. Granted |
|
| 2018-03-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-02-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-02-02 | Corey Lee James Myers |
| 2018-01-23 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2018-01-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-01-23 | Her Majesty the Queen |
| 2017-12-19 | Correspondence received from, (Letter Form), Return of the CA Order Form; Order will be filed by 2017/12/29 | Corey Lee James Myers |
| 2017-12-06 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2017/12/06 | |
| 2017-12-04 | Certificate (on limitations to public access), (Letter Form), 23B; amended certificate required-rec;d 2017/12/08 | Corey Lee James Myers |
| 2017-12-04 | Certificate (on limitations to public access), (Letter Form), 23A; amended certificate required-rec'd 2017/12/08 | Corey Lee James Myers |
| 2017-12-04 | Application for leave to appeal, (Book Form), Finals BCSC Order missing-rec'd 2017/12/27, Completed on: 2017-12-27 | Corey Lee James Myers |
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 |
|---|---|---|
| Myers, Corey Lee James | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Myers, Corey Lee James
Counsel
Lawrence D. Myers Q.C.
Zack Myers
610-1111 Melville Street
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 688-8331
FAX: (604) 688-8350
Email: justin@myerscolaw.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
Nicholas Reithmeier
Criminal Appeals and Special Prosecutions
865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: john.caldwell@gov.bc.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Jessica Smith Joy
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-4690
FAX: (416) 326-4656
Email: joan.barrett@jus.gov.on.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Canadian Civil Liberties Association
Counsel
202-445 King Street West
Toronto, Ontario
M5V 1K4
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: cmainville@henein.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law - Bail review - Principles governing s. 525 of the Criminal Code - Proper interpretation and application of s. 525 of the Criminal Code.
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.
On January 4, 2016, Corey Lee James Myers was arrested on firearms and assault charges stemming from a high speed car chase, and detained until trial. On January 29, 2018, Myers pleaded guilty plea to one count of occupying a motor vehicle knowing a firearm is present under section 94(1) of the Criminal Code, and on a separate provincial court information arising from the same circumstances, entered a plea to one count of possession of ammunition contrary to a prohibition under section 117.01(1) of the Criminal Code.
This appeal relates to pre-trial proceedings, specifically the 90 day bail review provided for by s. 525 of the Criminal Code, R.S.C. 1985, c. C-46. The appeal is brought directly from the October 5, 2017 Superior Court ruling confirming the appellant’s continued detention pending trial. At that point, Myers had been in jail eighteen months.
Lower court rulings
Supreme Court of British Columbia
2017 BCSC 1717, X079572
Ruling on s. 525 of the Criminal Code, R.S.C. 1985, c. C-46
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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