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.
37917
Andrew Donald Gulliver v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-06-01 | Appeal closed | |
| 2018-05-29 | Transcript received, 28 pages | |
| 2018-05-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-05-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-05-18 | General proceeding, (Letter Form), Questionnaire regarding Publication Ban. | Her Majesty the Queen |
| 2018-05-18 | General proceeding, (Letter Form), Questionnaire regarding Publication Ban | Andrew Donald Gulliver |
| 2018-05-18 |
Judgment on the appeal rendered, Abe Mo Ga Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1503-0165-A, 2017 ABCA 223, dated July 4, 2017, was heard on May 18, 2018, and the Court on that day delivered the following judgment orally: ROWE J. — We all agree that, read fairly, the trial judge’s reasons make clear that the alibi evidence was neither credible nor reliable. We are also of the view that the trial judge’s reasons were sufficient. Accordingly, we are all of the view that the appeal should be dismissed. Dismissed |
|
| 2018-05-18 |
Hearing of the appeal, 2018-05-18, Abe Mo Ga Br Row Judgment rendered |
|
| 2018-05-17 |
Notice of appearance, (Letter Form), Peter J. Royal, Q.C. will be appearing and will present oral argument. |
Andrew Donald Gulliver |
| 2018-05-09 | Appeal perfected for hearing | |
| 2018-05-07 | Notice of appearance, Troy Couillard will be appearing and will present oral argument. | Her Majesty the Queen |
| 2018-04-30 | Respondent's record, (Book Form), Completed on: 2018-04-30 | Her Majesty the Queen |
| 2018-04-30 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2018-04-30 | Certificate (on limitations to public access), (Letter Form), Form 23B | Her Majesty the Queen |
| 2018-04-30 | Certificate (on limitations to public access), (Letter Form), Form 23A | Her Majesty the Queen |
| 2018-04-30 | Respondent's factum, (Book Form), Completed on: 2018-04-30 | Her Majesty the Queen |
| 2018-03-27 | Certificate (on limitations to public access), (Letter Form), Form 23B | Andrew Donald Gulliver |
| 2018-03-14 | Certificate of counsel (attesting to record), (Letter Form) | Andrew Donald Gulliver |
| 2018-03-14 | Appellant's record, (Book Form), (3 volumes), Completed on: 2018-04-06 | Andrew Donald Gulliver |
| 2018-03-14 | Appellant's factum, (Book Form), Completed on: 2018-04-06 | Andrew Donald Gulliver |
| 2018-03-12 | Notice of hearing sent to parties | |
| 2018-03-12 |
Appeal hearing scheduled, 2018-05-18, EARLY 9:00AM START Judgment rendered |
|
| 2018-02-07 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2018-01-29 | Order on motion to extend time to serve and/or file notice of appeal, by Justice Brown | |
| 2018-01-29 |
Decision on motion to extend time to serve and/or file notice of appeal, Br, UPON APPLICATION by the appellant for an order extending the time to serve and file his notice of appeal; AND THE MATERIAL FILED having been read; AND NOTING THAT the respondent consents to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2018-01-29 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Br | |
| 2018-01-25 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2018/01/25 | |
| 2018-01-24 | Certificate (on limitations to public access), (Form 23A and 23B) | Andrew Donald Gulliver |
| 2018-01-24 | Response to motion to extend time to serve and/or file notice of appeal, Completed on: 2018-01-24 | Andrew Donald Gulliver |
| 2018-01-24 | Motion to extend the time to serve and/or file the notice of appeal, (Book Form), (Included in the notice of appeal), Completed on: 2018-01-25 | Andrew Donald Gulliver |
| 2018-01-24 | Notice of appeal, Completed on: 2018-02-08 | Andrew Donald Gulliver |
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 |
|---|---|---|
| Gulliver, Andrew Donald | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gulliver, Andrew Donald
Counsel
9636 - 102A Avenue
Suite 200
Edmonton, Alberta
T5H 0G5
Telephone: (780) 432-0919
FAX: (780) 439-6562
Email: proyal@royalteskey.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Her Majesty the Queen
Counsel
3rd Floor Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5042
FAX: (780) 422-1106
Email: troy.couillard@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
Criminal law – Trial – Judgments – Reasons for judgment – Sufficiency of reasons – Evidence – Disclosure – Whether the trial judge failed to provide sufficient reasons to explain his decision, particularly with regard to the credibility of the complainant and the accused – Whether the trial judge erred by drawing an adverse inference in relation to the purported late disclosure of alibi evidence.
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 convicted of seven criminal charges following a chain of events commencing with the assault and sexual assault of the complainant and ending in a six-hour police standoff. The appellant appealed his conviction, arguing that the trial judge failed to apply the final stage of the analysis set out in R. v. W.(D.), [1991] 1 S.C.R. 742, that the trial judge inappropriately drew an adverse inference based on the late disclosure of an alibi, and that the trial judge failed to provide sufficient reasons to explain his decision, particularly on the central issue of credibility. The majority in the Court of Appeal dismissed the appeal. Berger J.A., dissenting, would have allowed the appeal as to five of the seven counts, quashed the convictions and ordered a new trial. He was of the view that the foundations of the trial judge’s reasons were inadequately or erroneously canvassed and, in some instances, unascertainable.
Lower court rulings
Court of Queen’s Bench of Alberta
101487239Q1
Appellant convicted of sexual assault, assault, forcible confinement, uttering threats, obstruction of a peace officer, failure to comply with a recognizance and overcoming resistance to the commission of an offence
Court of Appeal of Alberta (Edmonton)
1503-0165-A, 2017 ABCA 223
Appeal dismissed
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