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.
39599
Kerry Alexander Nahanee v. His Majesty the King
(British Columbia) (Criminal) (By Leave)
(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) |
|---|---|---|
| 2023-01-13 | Appeal closed | |
| 2022-10-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-10-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-10-27 |
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 CA46730, 2021 BCCA 13, dated January 14, 2021, heard on March 16, 2022, is dismissed. Karakatsanis and Côté JJ. dissent. Dismissed |
|
| 2022-04-06 |
Transcript received, 132 pages paper copies rec'd: 2022-04-21 |
|
| 2022-03-16 | General proceeding, Case Sensitivity Questionnaire | His Majesty the King |
| 2022-03-16 | General proceeding, Case Sensitivity Questionnaire | Kerry Alexander Nahanee |
| 2022-03-16 | Judgment reserved OR rendered with reasons to follow | |
| 2022-03-16 |
Hearing of the appeal, 2022-03-16, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2022-03-14 |
Certificate (on limitations to public access), 23B - Condensed book |
His Majesty the King |
| 2022-03-14 | Respondent's condensed book, (Book Form), (Printed version filed on 2022-03-14) | His Majesty the King |
| 2022-03-14 | Certificate (on limitations to public access), 23B - Condensed Book | Kerry Alexander Nahanee |
| 2022-03-14 | Appellant's condensed book, (Book Form), (Printed version filed on 2022-03-14) | Kerry Alexander Nahanee |
| 2022-03-11 | Intervener's condensed book, (Book Form), (Printed version filed on 2022-03-11) | Trial Lawyers Association of British Columbia |
| 2022-03-11 | Supplemental document, Additional authority : R v Sidhu, 2022 ABCA 66, Completed on: 2022-03-11 | Attorney General of Alberta |
| 2022-03-09 | Correspondence (sent by the Court) to, Correspondence relating to upcoming hearing | |
| 2022-03-02 | Correspondence received from, re: recent ABCA decision | Attorney General of Alberta |
| 2022-02-23 |
Notice of appearance, Hollis A. Lucky, Michael J. Sobkin and James A. Nadel will appear before the Court. Hollis A. Lucky will present oral argument. received: amended notice of appearance (rec'd 2022-03-16) |
Kerry Alexander Nahanee |
| 2022-02-15 | Certificate (on limitations to public access), (Letter Form), 23B - Reply Factum , (Printed version filed on 2022-02-16) | Kerry Alexander Nahanee |
| 2022-02-15 | Reply factum on appeal, (Book Form), Appellant's Reply to Interveners, Completed on: 2022-02-23, (Printed version filed on 2022-02-16) | Kerry Alexander Nahanee |
| 2022-02-14 |
Notice of appearance, Tony C. Paisana and Kate Oja will appear before the Court. Tony C. Paisana will present oral argument. |
Independent Criminal Defence Advocacy Society |
| 2022-02-14 |
Notice of appearance, Evan J. Roitenberg and Thomas Hynes will appear before the Court. Evan J. Roitenberg will present oral argument. |
Saskatchewan Trial Lawyers Association Inc. |
| 2022-02-14 |
Notice of appearance, David Ireland and Andrew Synyshyn will appear before the Court. David Ireland will present oral argument. |
Criminal Defence Lawyers Association of Manitoba |
| 2022-02-11 |
Notice of appearance, Rajbir Dhillon will appear before the Court and will present oral argument. |
Attorney General of Alberta |
| 2022-02-10 |
Notice of appearance, R. Craig Bottomley and Arash Ghiassi will appear before the Court and will present oral argument. |
Criminal Lawyers' Association (Ontario) |
| 2022-02-10 |
Notice of appearance, Matthew Scott and Mila Shah will appear before the Court. Matthew Scott will present oral argument. |
His Majesty the King |
| 2022-02-10 |
Notice of appearance, Jennifer Epstein and Katherine Beaudoin will appear before the Court. Jennifer Epstein will present oral argument. |
Attorney General of Ontario |
| 2022-02-10 |
Notice of appearance, Rebecca McConchie and Elsa Wyllie will appear before the Court. Rebecca McConchie will present oral argument. |
Trial Lawyers Association of British Columbia |
| 2022-02-10 |
Notice of appearance, John Walker and Jessica Lawn will appear before the Court. John Walker will present oral argument. |
Director of Public Prosecutions |
| 2022-02-09 | Correspondence (sent by the Court) to, Letter of direction relating to March hearing | |
| 2022-02-01 | Intervener's factum, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-03-04) | Director of Public Prosecutions |
| 2022-02-01 | Intervener's factum, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-03-07) | Attorney General of Ontario |
| 2022-02-01 | Intervener's factum, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-02-02) | Criminal Defence Lawyers Association of Manitoba |
| 2022-01-31 | Intervener's factum, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-02-01) | Trial Lawyers Association of British Columbia |
| 2022-01-31 | Intervener's factum, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-01-31) | Attorney General of Alberta |
| 2022-01-31 | Intervener's book of authorities, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-02-01) | Independent Criminal Defence Advocacy Society |
| 2022-01-31 | Intervener's factum, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-02-01) | Independent Criminal Defence Advocacy Society |
| 2022-01-31 | Intervener's factum, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-01-31) | Saskatchewan Trial Lawyers Association Inc. |
| 2022-01-31 | Notice of change of counsel | Saskatchewan Trial Lawyers Association Inc. |
| 2022-01-27 | Intervener's book of authorities, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-01-27) | Criminal Lawyers' Association (Ontario) |
| 2022-01-27 | Intervener's factum, (Book Form), Completed on: 2022-02-07, (Printed version filed on 2022-01-27) | Criminal Lawyers' Association (Ontario) |
| 2021-12-17 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2021-12-24) | His Majesty the King |
| 2021-12-17 | Respondent's book of authorities, (Book Form), Completed on: 2021-12-23, (Printed version filed on 2021-12-17) | His Majesty the King |
| 2021-12-17 | Respondent's factum, (Book Form), Completed on: 2021-12-23, (Printed version filed on 2021-12-17) | His Majesty the King |
| 2021-12-09 | Order on motion for leave to intervene, Revised order by Justice Jamal (sent by email to all parties) | |
| 2021-12-09 |
Decision on the motion for leave to intervene, (See revised order), Ja Granted |
|
| 2021-12-09 | Submission of motion for leave to intervene, (ICDAS), Ja | |
| 2021-12-09 |
Decision on the motion for leave to intervene, Ja, REVISED UPON APPLICATION by the Attorney General of Ontario, the Attorney General of Alberta, the Criminal Defence Lawyers’ Association of Manitoba, the Saskatchewan Trial Lawyers Association Inc. and Canadian Council of Criminal Defence Lawyers (jointly), the Trial Lawyers’ Association of British Columbia, the Director of Public Prosecutions, the Criminal Lawyers’ Association (Ontario) and the Independent Criminal Defence Advocacy Society for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions are granted and the said eight (8) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length on or before February 1, 2022. The said eight (8) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners or groups of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The appellant is permitted to file a factum in response to all interventions not to exceed ten (10) pages in length on or before February 15, 2022. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. Granted |
|
| 2021-12-08 | Motion for leave to intervene, (Book Form), Completed on: 2021-12-08 | Independent Criminal Defence Advocacy Society |
| 2021-12-08 | Order on motion for leave to intervene, by Justice Jamal (sent to parties electronically) | |
| 2021-12-08 | Submission of motion for leave to intervene, Ja | |
| 2021-12-03 | Reply to the motion for leave to intervene, Completed on: 2021-12-03 | Saskatchewan Trial Lawyers Association Inc. |
| 2021-11-30 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-12-02 | Director of Public Prosecutions |
| 2021-11-29 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-11-30, (Printed version filed on 2021-11-29) | His Majesty the King |
| 2021-11-29 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-11-30 | Kerry Alexander Nahanee |
| 2021-11-19 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee (rec' 11/19/26), Completed on: 2021-11-29, (Printed version filed on 2021-12-08) |
Attorney General of Ontario |
| 2021-11-19 | Notice of name | Criminal Defence Lawyers Association of Manitoba |
| 2021-11-19 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version due on 2021-11-26) |
Criminal Defence Lawyers Association of Manitoba |
| 2021-11-19 | Notice of name | Saskatchewan Trial Lawyers Association Inc. |
| 2021-11-19 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-11-19) |
Saskatchewan Trial Lawyers Association Inc. |
| 2021-11-18 | Notice of name | Trial Lawyers Association of British Columbia |
| 2021-11-18 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version due on 2021-11-25) |
Trial Lawyers Association of British Columbia |
| 2021-11-18 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-12-20) |
Director of Public Prosecutions |
| 2021-11-16 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee (rec'd 2021-11-19), Completed on: 2021-11-23, (Printed version filed on 2021-11-18) |
Attorney General of Alberta |
| 2021-11-10 | Notice of name, (Letter Form), (Printed version filed on 2021-11-12) | Criminal Lawyers' Association (Ontario) |
| 2021-11-10 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee (reçu le 2021-11-29), Completed on: 2021-12-08, (Printed version filed on 2021-11-12) |
Criminal Lawyers' Association (Ontario) |
| 2021-11-08 | Notice of hearing sent to parties, (sent electronically on 2021-11-09) | |
| 2021-11-08 |
Appeal hearing scheduled, 2022-03-16 Judgment reserved |
|
| 2021-10-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-10-22 | Certificate (on limitations to public access), 23B - Factum, Record and Authorities | Kerry Alexander Nahanee |
| 2021-10-22 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-10-22) | Kerry Alexander Nahanee |
| 2021-10-22 | Appellant's book of authorities, (Book Form), Completed on: 2021-11-10, (Printed version filed on 2021-10-22) | Kerry Alexander Nahanee |
| 2021-10-22 | Appellant's record, (Book Form), (2 volumes), Completed on: 2021-11-10, (Printed version filed on 2021-10-22) | Kerry Alexander Nahanee |
| 2021-10-22 | Appellant's factum, (Book Form), Completed on: 2021-11-10, (Printed version filed on 2021-10-22) | Kerry Alexander Nahanee |
| 2021-08-27 | Notice of appeal, Completed on: 2021-09-15, (Printed version due on 2021-09-03) | Kerry Alexander Nahanee |
| 2021-07-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-07-08 | Judgment on leave sent to the parties | |
| 2021-07-08 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46730, 2021 BCCA 13, dated January 14, 2021, is granted. Granted |
|
| 2021-05-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-05-25 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-05-25) | Kerry Alexander Nahanee |
| 2021-05-25 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-05-31, (Printed version filed on 2021-05-25) | Kerry Alexander Nahanee |
| 2021-05-12 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-05-19) | His Majesty the King |
| 2021-05-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-05-19) | His Majesty the King |
| 2021-05-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-05-31, (Printed version filed on 2021-05-12) | His Majesty the King |
| 2021-04-19 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-04-19 |
|
| 2021-03-15 | Certificate (on limitations to public access), 23B - Clarification required, (Printed version filed on 2021-03-16) | Kerry Alexander Nahanee |
| 2021-03-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-03-16) | Kerry Alexander Nahanee |
| 2021-03-15 |
Application for leave to appeal, (Book Form), require: - Signed copy of Lower Court judgment (rec'd 2021-06-02) - Filing fee (rec'd 2021-05-04) - amended 23B (rec'd 2021-04-22), Completed on: 2021-06-01, (Printed version filed on 2021-03-16) |
Kerry Alexander Nahanee |
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 |
|---|---|---|
| Nahanee, Kerry Alexander | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Director of Public Prosecutions | Intervener | Active |
| Trial Lawyers Association of British Columbia | Intervener | Active |
| Saskatchewan Trial Lawyers Association Inc. | Intervener | Active |
| Canadian Council of Criminal Defence Lawyers | Intervener | Active |
| Criminal Defence Lawyers Association of Manitoba | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Independent Criminal Defence Advocacy Society | Intervener | Active |
Counsel
Party: Nahanee, Kerry Alexander
Counsel
Hollis Lucky
James Nadel
James Nadel
Jabour Sudeyko Lucky
200-92 Lonsdale Avenue
North Vancouver, British Columbia
V7M 2E6
Telephone: (604) 986-8600
FAX: (604) 986-4872
Email: hollis@luckylaw.ca
200-92 Lonsdale Avenue
North Vancouver, British Columbia
V7M 2E6
Telephone: (604) 986-8600
FAX: (604) 986-4872
Email: hollis@luckylaw.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King
Counsel
Matthew G. Scott
Mila Shah
Mila Shah
Criminals Appeals and Special Prosecutions
British Columbia Prosecution Service
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: matthew.scott@gov.bc.ca
British Columbia Prosecution Service
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: matthew.scott@gov.bc.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
R. Craig Bottomley
Arash Ghiassi
Arash Ghiassi
Bottomley Barristers
180 Bloor St. W., Suite 1201
Toronto, Ontario
M5S 2V6
Telephone: (416) 922-6161
FAX: (416) 934-0006
Email: bottomley@crimdefence.ca
180 Bloor St. W., Suite 1201
Toronto, Ontario
M5S 2V6
Telephone: (416) 922-6161
FAX: (416) 934-0006
Email: bottomley@crimdefence.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Alberta
Counsel
Rajbir Dhillon
Justice and Solicitor General
Appeals Unit, Alberta Crown Prosecution Service
300, 332 - 6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-4311
Email: Rajbir.dhillon@gov.ab.ca
Appeals Unit, Alberta Crown Prosecution Service
300, 332 - 6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-4311
Email: Rajbir.dhillon@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Director of Public Prosecutions
Counsel
John Walker
Jessica Lawn
Jessica Lawn
Public Prosecution Service of Canada
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-5250
FAX: (604) 666-1599
Email: john.walker@ppsc-sppc.gc.ca
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-5250
FAX: (604) 666-1599
Email: john.walker@ppsc-sppc.gc.ca
Agent
François Lacasse
Director of Public Prosecutions of Canada
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Trial Lawyers Association of British Columbia
Counsel
Rebecca A. McConchie
Elsa Wyllie
Elsa Wyllie
McConchie Criminal Law
1555 – 1500 West Georgia Street
Vancouver, British Columbia
V6G 2Z6
Telephone: (604) 813-7464
Email: rebecca@mcconchie.ca
1555 – 1500 West Georgia Street
Vancouver, British Columbia
V6G 2Z6
Telephone: (604) 813-7464
Email: rebecca@mcconchie.ca
Agent
Matthew Halpin
Norton Rose Fulbright Canada LLP
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
45 O'Connor Street
Suite 1500
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Party: Saskatchewan Trial Lawyers Association Inc.
Counsel
Evan J. Roitenberg
Thomas Hynes
Thomas Hynes
Wolson Roitenberg Robinson Wolson Minuk
1120 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8199
FAX: (204) 560-5226
Email: evan.roitenberg@wrrwmlaw.ca
1120 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8199
FAX: (204) 560-5226
Email: evan.roitenberg@wrrwmlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Council of Criminal Defence Lawyers
Counsel
Evan J. Roitenberg
Thomas Hynes
Thomas Hynes
Wolson Roitenberg Robinson Wolson Minuk
1120 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8199
FAX: (204) 560-5226
Email: evan.roitenberg@wrrwmlaw.ca
1120 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8199
FAX: (204) 560-5226
Email: evan.roitenberg@wrrwmlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Criminal Defence Lawyers Association of Manitoba
Counsel
David Ireland
Andrew Synyshyn
Andrew Synyshyn
University of Manitoba
224 Dysart Road
Robson Hall, Faculty of Law
Winnipeg, Manitoba
R3T 2N2
Telephone: (204) 474-6147
FAX: (204) 474-7580
Email: david.ireland@umanitoba.ca
224 Dysart Road
Robson Hall, Faculty of Law
Winnipeg, Manitoba
R3T 2N2
Telephone: (204) 474-6147
FAX: (204) 474-7580
Email: david.ireland@umanitoba.ca
Agent
Thomas Slade
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Attorney General of Ontario
Counsel
Jennifer Epstein
Katherine Beaudoin
Katherine Beaudoin
Attorney General of Ontario
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jennifer.epstein@ontario.ca
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jennifer.epstein@ontario.ca
Party: Independent Criminal Defence Advocacy Society
Counsel
Tony C. Paisana
Kate Oja
Kate Oja
Peck and Company
610-744 Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: TPaisana@peckandcompany.ca
610-744 Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: TPaisana@peckandcompany.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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 — Sentencing — Guilty plea — Sentencing judge exceeding sentence proposed by Crown and failing to warn parties — Are the considerations set out in Anthony-Cook applicable to non-joint submissions where the Crown and the accused negotiate sentencing positions that reflect partial agreement or an agreed upon range — Whether the failure of a trial judge to alert counsel that they intend to exceed the sentencing ceiling proposed by Crown an error in principle resulting in fundamental unfairness and warranting appellate intervention.<br><br>
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 IN CASE)
The appellant plead guilty to two counts of sexual assault. The appellant and Crown made sentencing submissions, which were not joint submissions. The Crown sought a 4-6 year global sentence. The appellant sought a 3 to 3.5 year global sentence. There was no guilty plea in exchange for joint submissions on sentence. The sentencing judge did not agree with the sentencing submissions, and imposed a sentence of eight years’ imprisonment. The sentencing judge did not alert counsel that she was intending to exceed the Crown’s proposed sentence. The Court of Appeal dismissed the sentence appeal.
Lower court rulings
February 7, 2020
Provincial Court of British Columbia
2020 BCPC 0041, 66176-1; 66435-2-C
Provincial Court of British Columbia
2020 BCPC 0041, 66176-1; 66435-2-C
Applicant sentenced to eight years’ imprisonment
January 14, 2021
Court of Appeal for British Columbia (Vancouver)
CA46730 ; 2021 BCCA 13
Court of Appeal for British Columbia (Vancouver)
CA46730 ; 2021 BCCA 13
Applicant’s sentence appeal dismissed
Memorandums of argument on application for leave to appeal
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Date modified: 2025-02-27