Case information
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39577
Alan Teck Meng Lai v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2021-12-29 | Transcript received, 47 pages | |
| 2021-12-21 | Appeal closed | |
| 2021-12-09 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-12-16) | Alan Teck Meng Lai |
| 2021-12-08 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-12-08 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-12-08 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-12-15) | Her Majesty the Queen |
| 2021-12-08 |
Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA45808, 2021 BCCA 105, dated March 9, 2021, was heard on December 8, 2021, and the Court on that day delivered the following judgment orally: MOLDAVER J. — R. v. Cody, 2017 SCC 31, [2017] 1 S.C.R. 659, at para. 32, states as follows: Defence conduct encompasses both substance and procedure — the decision to take a step, as well as the manner in which it is conducted, may attract scrutiny. To determine whether defence action is legitimately taken to respond to the charges, the circumstances surrounding the action or conduct may therefore be considered. [Emphasis in original.] In this case, the appellant, Mr. Lai, had the statutory right to re-elect when he did — but he waited 15 months to re-elect after his trial dates were set in Provincial Court. This was despite being informed by Crown counsel that he could preserve his trial dates by re-electing earlier. Nonetheless, he waited 7 months after that warning to exercise his right to re-elect. This conduct had the direct result of losing the trial dates that were set in Provincial Court and causing an additional delay of 13 months. The trial judge rejected Mr. Lai’s explanation regarding the re-election. Based on the trial judge’s own findings and conclusions, the re-election was not done legitimately to respond to the charges. To that extent, the trial judge erred in not characterizing the delay as defence delay and deducting it as such. For these reasons, a majority of the Court would dismiss the appeal. Justice Côté is dissenting. She would have allowed the appeal substantially for the reasons of Butler J.A. Dismissed |
|
| 2021-12-08 |
Hearing of the appeal, 2021-12-08, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment rendered |
|
| 2021-12-07 | Certificate (on limitations to public access), 23B - Condensed book | Alan Teck Meng Lai |
| 2021-12-07 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-12-07) | Alan Teck Meng Lai |
| 2021-12-06 | Certificate (on limitations to public access), 23B - Condensed Book | Her Majesty the Queen |
| 2021-12-06 | Respondent's condensed book, (Book Form), (Printed version due on 2021-12-13) | Her Majesty the Queen |
| 2021-11-25 | Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing | |
| 2021-11-18 |
Notice of appearance, (Letter Form), Eric Purtzki and Michael Sobkin will appear before the Court; Mr. Purtzki will be delivering oral submissions on behalf of the appellant. , (Printed version due on 2021-11-25) |
Alan Teck Meng Lai |
| 2021-11-04 | Notice of appearance, Lauren A. Chu and Lesley A. Ruzicka will appear before the Court. Lauren A. Chu will present oral argument. | Her Majesty the Queen |
| 2021-11-04 | Correspondence sent to all Counsel by Deputy Registrar, Letter of Direction from the Acting Registrar, relating to the December hearings | |
| 2021-10-27 | Certificate (on limitations to public access), (Letter Form), 23B - Reply Factum on appeal, (Printed version filed on 2021-10-27) | Alan Teck Meng Lai |
| 2021-10-27 | Reply factum on appeal, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-10-27) | Alan Teck Meng Lai |
| 2021-10-21 | Order on motion to file a reply factum on appeal, by ROWE J. | |
| 2021-10-21 |
Decision on the motion to file a reply factum on appeal, Row, UPON APPLICATION by the appellant for an order granting leave to serve and file a factum not exceeding five (5) pages in reply to the factum of the respondent; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The appellant is permitted to serve and file a reply factum not exceeding five (5) pages in length on or before October 28, 2021. Granted |
|
| 2021-10-21 | Submission of motion to file a reply factum on appeal, Row | |
| 2021-10-13 | Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2021-10-15, (Printed version due on 2021-10-20) | Her Majesty the Queen |
| 2021-10-06 | Certificate (on limitations to public access), (Letter Form), 23B - Motion to File a Reply Factum, (Printed version due on 2021-10-14) | Alan Teck Meng Lai |
| 2021-10-06 |
Motion to file a reply factum on appeal, (Letter Form), Missing: Filing Fee Form 23B (rec' 10/06/21), Incomplete, (Printed version filed on 2021-10-06) |
Alan Teck Meng Lai |
| 2021-09-03 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-09-13) | Her Majesty the Queen |
| 2021-09-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-09-13) | Her Majesty the Queen |
| 2021-09-03 | Respondent's factum, (Book Form), Completed on: 2021-09-24, (Printed version filed on 2021-09-07) | Her Majesty the Queen |
| 2021-07-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-07-07) | Alan Teck Meng Lai |
| 2021-07-07 | Certificate (on limitations to public access), (Letter Form), Amended 23A, (Printed version filed on 2021-07-07) | Alan Teck Meng Lai |
| 2021-07-07 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-07-07) | Alan Teck Meng Lai |
| 2021-07-07 | Appellant's record, (Book Form), (3 volumes), Completed on: 2021-08-24, (Printed version filed on 2021-07-07) | Alan Teck Meng Lai |
| 2021-07-07 | Appellant's factum, (Book Form), Completed on: 2021-08-24, (Printed version filed on 2021-07-07) | Alan Teck Meng Lai |
| 2021-07-05 | Notice of change of counsel, (Letter Form), (Printed version due on 2021-07-12) | Her Majesty the Queen |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 |
Appeal hearing scheduled, 2021-12-08 Judgment rendered |
|
| 2021-05-18 | Order on motion to extend time, by CÔTÉ J. | |
| 2021-05-18 |
Decision on motion to extend time, Côt, UPON APPLICATION by the appellant for an order extending the time to file his factum, record and book of authorities, if any, to July 7, 2021. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The appellant is permitted to serve and file his factum, record and book of authorities, if any, on or before July 7, 2021. The respondent shall serve and file their factum, record and book of authorities, if any, on or before September 7, 2021. Granted |
|
| 2021-05-18 | Submission of motion to extend time, Côt | |
| 2021-05-05 | Response to motion to extend time, (Letter Form), Completed on: 2021-05-10, (Printed version due on 2021-05-12) | Her Majesty the Queen |
| 2021-05-05 | Motion to extend time, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-05-12) | Alan Teck Meng Lai |
| 2021-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (sent by email) | |
| 2021-04-08 | Correspondence received from, (Letter Form), Eric Purtzki, RE: filing schedule for the appellant and respondent's factums, (Printed version filed on 2021-04-09) | Alan Teck Meng Lai |
| 2021-03-26 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2021-03-26 | |
| 2021-03-11 | Certificate (on limitations to public access), 23B | Alan Teck Meng Lai |
| 2021-03-11 | Certificate (on limitations to public access), 23A | Alan Teck Meng Lai |
| 2021-03-11 | Notice of appeal, (Book Form), Filing fee required, Incomplete, (Printed version due on 2021-03-18) | Alan Teck Meng Lai |
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 |
|---|---|---|
| Lai, Alan Teck Meng | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lai, Alan Teck Meng
Counsel
1200-1111 Melville Street
Vancouver, British Columbia
V6E 2V6
Telephone: (604) 662-8167
FAX: (604) 681-0799
Email: purtzki@gmail.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
Lesley Ruzicka
B.C. Prosecution Service
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 653-8903
FAX: (604) 660-3433
Email: lauren.chu@gov.bc.ca
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Criminal law - Charter of Rights - Right to trial within a reasonable delay - Discrete exceptional events - Transitional exceptional circumstance - Whether the delay of 43 months is justified as a transitional exceptional circumstance under s. 11(b) of the Charter of Rights and Freedoms
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.
(PUBLICATION BAN)
The appellant was charged in August 2013 with a number of sexual offences. In November 2017, he sought a stay of proceedings due to a breach of his s. 11(b) Charter right to trial within a reasonable delay. The trial judge found that the total expected delay for the proceedings would be 57 months, and he subtracted a period of 25 months which he attributed to two discrete exceptional events: a re-election by the accused, and an underestimate of the time required for the trial. The remaining delay of 32 months was still above the presumptive ceiling established in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631, but the trial judge concluded that the additional delay was justified under the transitional exceptional circumstance, and dismissed the application. The appellant was found guilty at the conclusion of his trial.
The appellant appealed his convictions on the basis that the trial judge erred in dismissing his stay application. A majority of the Court of Appeal for British Columbia dismissed the appeal and upheld the convictions. It held that the trial judge had erred in excluding the period attributable to the appellant’s re-election from the overall delay, and found the net delay to be 43 months. The majority held that the 43-month delay was nevertheless justified by the transitional exceptional circumstance. In dissent, Butler J.A. found that the transitional exceptional circumstance did not apply, and would have allowed the appeal and entered a stay of proceedings.
Lower court rulings
Supreme Court of British Columbia
26899A ; 2018 BCSC1838
See file
Court of Appeal for British Columbia (Vancouver)
CA45808; 2021 BCCA 105
Appeal dismissed, conviction upheld.
Memorandums of argument on application for leave to appeal
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Factums on appeal
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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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