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.
39635
His Majesty the King v. Matthew James Johnston, et al.
(British Columbia) (Criminal) (By Leave)
(Publication ban in case) (Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-06-13 | Appeal closed | |
| 2023-06-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-06-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-04-28 |
Judgment on the appeal rendered, CJ Ka Côt Br Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA42488 and CA42490, 2021 BCCA 34, dated January 28, 2021, heard on October 4, 2022, is dismissed. * Brown J. did not participate in the final disposition of the judgment. Dismissed |
|
| 2022-12-22 | Correspondence received from, (Letter Form), The respondent; update regarding the passing of Mr. Johnston and the status of the appeal., (Printed version due on 2023-01-03) | Matthew James Johnston |
| 2022-11-04 | Transcript received, 89 pages | |
| 2022-10-11 | General proceeding, Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information | Cody Rae Haevischer |
| 2022-10-06 | General proceeding, Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information | His Majesty the King |
| 2022-10-05 | General proceeding, Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information | Dana C. Achtemichuk |
| 2022-10-04 | General proceeding, (Letter Form), Questionnaire Following the Hearing of Case Involving a Publication Ban, Sealing Order or Other Limitation on Public Access to Information. | Matthew James Johnston |
| 2022-10-04 | Judgment reserved OR rendered with reasons to follow | |
| 2022-10-04 |
Hearing of the appeal, 2022-10-04, CJ Ka Côt Br Row Mar Kas Ja Ob Judgment reserved |
|
| 2022-10-04 | Certificate (on limitations to public access), (Letter Form), 23B - condensed book, (Printed version due on 2022-10-12) | Anil Kapoor |
| 2022-09-29 | Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book, (Printed version filed on 2022-09-29) | Matthew James Johnston |
| 2022-09-29 | Respondent's condensed book, (Book Form), (Printed version filed on 2022-09-29) | Matthew James Johnston |
| 2022-09-29 | Amicus curiae's condensed book, (Book Form), SEALED - RESTRICTED - CONFIDENTIAL, (Printed version due on 2022-10-07) | Anil Kapoor |
| 2022-09-29 | Order on miscellaneous motion, (to replace amicus) by the Chief Justice | |
| 2022-09-29 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by the named amicus curaie to replace Sarah N. Weinberger with Dana C. Achtemichuk in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Dana C. Achtemichuk is appointed as amicus curaie in the above-referenced appeal matter. Granted |
|
| 2022-09-29 | Order on miscellaneous motion, (to add a third cousel for oral arguments) by the Chief Justice | |
| 2022-09-29 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by the appellant for an expedited order permitting three (3) counsel to present oral argument at the in camera portion of the hearing in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2022-09-29 | Submission of miscellaneous motion, (to replace amicus), CJ | |
| 2022-09-29 | Submission of miscellaneous motion, (to add a third counsel for oral arguments), CJ | |
| 2022-09-28 |
Certificate (on limitations to public access), (Letter Form), 23B - Condensed Book received: -23B for open/public condensed book (rec'd 2022-09-28) -23B for sealed condensed book (rec'd 2022-10-04), (Electronic version filed on 2022-09-29) |
His Majesty the King |
| 2022-09-28 |
Appellant's condensed book, (Book Form), SEALED - CONFIDENTIAL - RESTRICTED received: -appellant's condensed book - OPEN (rec'd 2022-09-29) -appellant's condensed book - SEALED (rec'd 2022-10-03), (Electronic version filed on 2022-09-29) |
His Majesty the King |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), (Amici), Completed on: 2022-09-27 | Director of Public Prosecutions |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), (Amici), Completed on: 2022-09-27 | Attorney General of Ontario |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-09-26 | Trial Lawyers Association of British Columbia |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-09-26 | Matthew James Johnston |
| 2022-09-26 |
Notice of miscellaneous motion, (Book Form), to name Dana C. Achtemichuk as amicus curiae MISSING: Filing Fee, Incomplete |
Dana C. Achtemichuk |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-09-26 | Attorney General of Ontario |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-09-26 | Matthew James Johnston |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-09-26 | Criminal Lawyers' Association (Ontario) |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-09-26 | Trial Lawyers Association of British Columbia |
| 2022-09-26 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-09-26 | Director of Public Prosecutions |
| 2022-09-23 | Response to miscellaneous motion, (Letter Form), Completed on: 2022-09-26 | Dana C. Achtemichuk |
| 2022-09-23 |
Notice of miscellaneous motion, (Book Form), to permit three counsel permission to present oral argument MISSING: Filing Fee, Incomplete, (Printed version filed on 2022-09-23) |
His Majesty the King |
| 2022-09-23 | Correspondence (sent by the Court) to, Letter of direction relating to upcoming hearing | |
| 2022-09-23 | Notice of appearance, (Letter Form), Andrew Matheson and Natalie V. Kolos will appear before the Court. Andrew Matheson will present oral arguments. , (Printed version due on 2022-10-03) | Canadian Civil Liberties Association |
| 2022-09-23 | Notice of appearance, (Letter Form), Matthew Nathanson and Mika Chow will appear before the Court. Matthew Nathanson will present oral arguments. , (Printed version due on 2022-10-03) | Independent Criminal Defence Advocacy Society |
| 2022-09-23 | Notice of appearance, (Letter Form), Tony C. Paisana and Mark Iyengar will appear before the Court. Tony C. Paisana will present oral arguments., (Printed version due on 2022-10-03) | Trial Lawyers Association of British Columbia |
| 2022-09-21 | Notice of appearance, (Letter Form), Graham Johnson, Stacey M. Purser will appear before the Court. Graham Johnson will present oral argument. , (Printed version due on 2022-09-28) | Criminal Trial Lawyers' Association (Alberta) |
| 2022-09-19 | Notice of appearance, (Letter Form), Scott Hutchison and Sarah Strban will appear before the Court. Scott Hutchison will present oral argument. , (Printed version due on 2022-09-26) | Criminal Lawyers' Association (Ontario) |
| 2022-09-15 |
Notice of appearance, (Letter Form), Dagmar Dlab, Simon R. Buck, Roger Thirkell will appear before the Court. require: amended notice of appearance (rec'd 2022-09-23), (Printed version due on 2022-09-22) |
Cody Rae Haevischer |
| 2022-09-15 | Notice of appearance, (Letter Form), Katie Doherty will appear before the Court and will present oral argument., (Printed version due on 2022-09-22) | Attorney General of Ontario |
| 2022-09-15 | Notice of appearance, (Letter Form), Elaine Reid and David Schermbrucker will appear before the Court. Elaine Reid will present oral argument., (Printed version due on 2022-09-22) | Director of Public Prosecutions |
| 2022-09-15 |
Notice of appearance, (Letter Form), Mark K. Levitz, K.C., Geoff Baragar, K.C. and Mark Wolf will appear before the Court. Mark K. Levitz, K.C. will present oral argument. Pursuant to Rule 71 (1 ), the appellant is asking the Court's leave permitting Mark K. Levitz, K.C., Geoff Baragar, K.C. and Mark Wolf to present oral argument at the in camera portion of the hearing., (Printed version due on 2022-09-22) |
His Majesty the King |
| 2022-09-13 |
Notice of appearance, (Letter Form), Brock Martland, K.C., Daniel Song, K.C., Jonathan Desbarats, Elliot Holzman will appear before the Court. require: amended notice of appearance (rec'd 2022-09-23), (Printed version due on 2022-09-20) |
Matthew James Johnston |
| 2022-09-09 |
Notice of appearance, (Letter Form), Anil K. Kapoor and Dana Achtemichuk will appear in person for the Amici Curiae . Anil K. Kapoor will present oral argument. received: amended notice (rec'd 2022-09-28), (Printed version due on 2022-09-16) |
Anil Kapoor |
| 2022-08-23 | Order on motion to extend time, by MOLDAVER J. | |
| 2022-08-23 |
Decision on motion to extend time, Mo, UPON APPLICATION by the appellant for an order extending the time to serve and file their two (2) reply factums, filed in accordance to Rule 29(4) of the Rules of the Supreme Court of Canada, to August 8, 2022; AND THE MATERIAL FILED having been read; AND NOTING the consents of the respondents and the amici curiae. IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2022-08-23 | Submission of motion to extend time, Mo | |
| 2022-08-17 | Response to motion to extend time, (Letter Form), Missing: Proof of Service (rec' 08/22/22), Completed on: 2022-08-22, (Printed version due on 2022-08-24) | Director of Public Prosecutions |
| 2022-08-16 | Certificate (on limitations to public access), (Letter Form), 23B - Motion for an Extension of Time, (Printed version due on 2022-08-23) | His Majesty the King |
| 2022-08-16 | Motion to extend time, (Letter Form), Missing: Filing Fee (rec' 08/22/22), Completed on: 2022-08-25, (Printed version filed on 2022-08-22) | His Majesty the King |
| 2022-08-09 |
Certificate (on limitations to public access), (Letter Form), 23B - appellant's reply to amici's factum, appellant's reply to respondent's factum, appellant's motion for extension received: -23B for non-sealed reply to respondent's factum, redacted reply to amici's factum, motion (rec'd 2022-08-09) -23B for sealed reply to amici's factum (rec'd 2022-08-12), (Printed version due on 2022-08-16) |
His Majesty the King |
| 2022-08-09 |
Reply factum on appeal, (Book Form), Appellant reply factum to Amici curiae factum (rule 29(4)) SEALED - RESTRICTED - CONFIDENTIAL Required: -formal motion for extension of time-rec'd 2022/08/16 Received: - REDACTED copy (rec'd 2022-08-09) - SEALED copy (rec'd 2022-08-12) - Motion to extend time to file factum (rec'd 2022-08-09), Completed on: 2022-08-16, (Printed version due on 2022-08-16) |
His Majesty the King |
| 2022-08-09 |
Reply factum on appeal, (Book Form), Appellant reply factum to Respondents factum (rule 29(4)) Required: - formal motion for extension of time-rec'd 2022/08/16 Received: - Motion to extend time to file factum (rec'd 2022-08-09), Completed on: 2022-08-16, (Printed version filed on 2022-08-09) |
His Majesty the King |
| 2022-08-09 | Correspondence received from, Mark K.. Levitz, Q.C., Re: request for extension of time for replies | His Majesty the King |
| 2022-08-08 | Order on motion to adduce new evidence, by MOLDAVER J. | |
| 2022-08-08 |
Decision on motion to adduce new evidence, Mo, UPON APPLICATION by the respondents jointly for an order to adduce new evidence; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2022-08-08 | Submission of motion to adduce new evidence, Mo | |
| 2022-07-27 | Correspondence (sent by the Court) to, the parties, RE: The appellant's request for an extension of time and request to file a lengthy memorandum | |
| 2022-06-29 | Correspondence received from, Request to extend the time to serve and file the response to the motion to adduce new evidence and a request for permission to file a lengthy memorandum. | His Majesty the King |
| 2022-06-29 |
Certificate (on limitations to public access), (Letter Form), 23B - Response to Motion to Adduce New Evidence Missing: Proof of Service, (Printed version filed on 2022-06-30) |
His Majesty the King |
| 2022-06-29 | Response to the motion to adduce new evidence, (Letter Form), Completed on: 2022-08-02, (Printed version filed on 2022-06-30) | His Majesty the King |
| 2022-06-29 | Certificate (on limitations to public access), (Letter Form), 23B - Amici Curiae - Redacted Factum & Book of Authorities, (Printed version filed on 2022-06-29) | Anil Kapoor |
| 2022-06-29 | Amicus curiae's book of authorities, (Book Form), Completed on: 2022-07-11, (Printed version filed on 2022-06-29) | Anil Kapoor |
| 2022-06-29 |
Amicus curiae's factum, (Book Form), SEALED - RESTRICTED - CONFIDENTIAL Redacted version rec'd 2022-06-29 (paper and electronic) Sealed version rec'd 2022-06-29 (electronic only), Completed on: 2022-07-11, (Printed version filed on 2022-06-29) |
Anil Kapoor |
| 2022-06-28 | Notice of hearing sent to parties | |
| 2022-06-28 |
Appeal hearing scheduled, 2022-10-04 Judgment reserved |
|
| 2022-06-15 | Motion to adduce new evidence, (Letter Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-06-15) | Matthew James Johnston |
| 2022-06-15 | Certificate (on limitations to public access), (Letter Form), require: service (rec'd 2022-06-16), (Printed version filed on 2022-06-15) | Cody Rae Haevischer |
| 2022-06-15 | Respondent's factum, (Book Form), require: service (rec'd 2022-06-16), Completed on: 2022-06-16, (Printed version filed on 2022-06-15) | Cody Rae Haevischer |
| 2022-06-15 | Certificate (on limitations to public access), (Letter Form), 23B - Factum, Authorities , (Printed version filed on 2022-06-15) | Matthew James Johnston |
| 2022-06-15 | Respondent's book of authorities, (Book Form), require: service (rec'd 2022-06-16), Completed on: 2022-06-16, (Printed version filed on 2022-06-15) | Matthew James Johnston |
| 2022-06-15 | Respondent's factum, (Book Form), require: service (rec'd 2022-06-16), Completed on: 2022-06-16, (Printed version filed on 2022-06-15) | Matthew James Johnston |
| 2022-06-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to all parties by email) | |
| 2022-06-01 | Order on miscellaneous motion, by Justice Moldaver | |
| 2022-06-01 |
Decision on miscellaneous motion, Mo, UPON APPLICATION by the respondents for an order to to obtain judicial summaries of the appellate decision and the factums of the Crown and the amici curiae, and to extend the time to serve and file their factum in the above matter; AND UPON APPLICATION by the amici curiae for an extension of time to serve and file their factum in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to obtain judicial summaries of the redacted portions of the appellate decision and the Crown’s factum is dismissed. The motion to obtain judicial summaries of the redacted portions of the amici curiae’s factum is granted. As per the Registrar’s order dated April 22, 2022, the respondents shall serve and file their factum on or before June 15, 2022. The amici curiae shall serve and file their factum within fourteen (14) days of the service and filing of the respondents’ factum. The Crown and amici curiae shall prepare a summary of the redacted portions of the amici curiae’s factum, observing the sealing orders made by the lower courts. The summary should be served and filed contemporaneous with the filing of the amici curiae’s factum. The respondents shall have the right to serve and file a response to the summary no more than three (3) pages in length within seven (7) days of the service and filing of the summary. Granted |
|
| 2022-06-01 | Submission of miscellaneous motion, Mo | |
| 2022-05-31 | Certificate (on limitations to public access), (Letter Form), 23B - Reply factum, (Printed version due on 2022-06-07) | His Majesty the King |
| 2022-05-31 | Reply factum on appeal, (Book Form), Completed on: 2022-06-15, (Printed version filed on 2022-05-31) | His Majesty the King |
| 2022-05-24 | Intervener's factum, (Book Form), Completed on: 2022-05-26, (Printed version filed on 2022-05-26) | Attorney General of Ontario |
| 2022-05-24 | Intervener's factum, (Book Form), Completed on: 2022-05-26, (Printed version filed on 2022-05-31) | Director of Public Prosecutions |
| 2022-05-24 | Intervener's factum, (Book Form), require: proof of service, Completed on: 2022-05-26, (Printed version filed on 2022-05-25) | Trial Lawyers Association of British Columbia |
| 2022-05-24 | Intervener's factum, (Book Form), Completed on: 2022-05-26, (Printed version filed on 2022-05-24) | Canadian Civil Liberties Association |
| 2022-05-24 | Intervener's factum, (Book Form), Completed on: 2022-05-26, (Printed version filed on 2022-05-24) | Criminal Lawyers' Association (Ontario) |
| 2022-05-24 | Intervener's factum, (Book Form), require: proof of service (rec'd 2022-05-26), Completed on: 2022-05-26, (Printed version filed on 2022-08-31) | Criminal Trial Lawyers' Association (Alberta) |
| 2022-05-24 | Intervener's factum, (Book Form), Completed on: 2022-05-26, (Printed version filed on 2022-05-24) | Independent Criminal Defence Advocacy Society |
| 2022-05-12 | Order on miscellaneous motion, by the Chief Justice (sent to parties by email) | |
| 2022-05-12 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by the amici curiae for an order to replace Victoria Cichalewska with Sarah N. Weinberger as amicus curiae in this appeal, pursuant to Rule 92 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Sarah N. Weinberger is appointed as amicus curiae in this appeal in the place of Victoria Cichalewska and the style of cause shall be modified to reflect this change. Granted |
|
| 2022-05-12 | Submission of miscellaneous motion, CJ | |
| 2022-04-22 | Certificate (on limitations to public access), (Letter Form), 23B - Motion Seeking Replacement of amicus curiae, (Printed version due on 2022-04-29) | Anil Kapoor |
| 2022-04-22 |
Notice of miscellaneous motion, (Book Form), Motion Seeking Replacement of amicus curiae Missing: Filing Fee (rec' 05/04/22) Proof of Service for the Intervener parties (rec' 04/28/22), Completed on: 2022-07-06, (Printed version filed on 2022-05-02) |
Anil Kapoor |
| 2022-04-22 | Order on motion to extend time, by the Registrar (sent to parties electronically) | |
| 2022-04-22 |
Decision on motion to extend time, Reg, UPON APPLICATION by the respondents for an order to extend the time to serve and file the their factum in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The respondents and amici curiae shall each serve and file their factum on appeal within fourteen (14) days after this Court’s order concerning the motion to obtain judicial summaries, unless otherwise specified in that order. Granted |
|
| 2022-04-22 | Submission of motion to extend time, Reg | |
| 2022-04-12 | Order on motion for leave to intervene, by ROWE J. | |
| 2022-04-12 |
Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Director of Public Prosecutions; the Attorney General of Ontario; the Criminal Lawyers’ Association (Ontario); the Independent Criminal Defence Advocacy Society; the Criminal Trial Lawyers’ Association (Alberta); the Trial Lawyers Association of British Columbia; 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 seven (7) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before May 24, 2022. The said seven (7) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellant is granted permission to serve and file a factum in reply to all interventions not to exceed five (5) pages in length on or before May 31, 2022. The respondents are granted permission to serve and file a joint factum in reply to all interventions not to exceed five (5) pages in length on or before May 31, 2022. The interveners are not entitled to raise new issues, expand the issues (including by addressing issues outside the context of criminal law), adduce further evidence or otherwise 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 the respondents any additional disbursements resulting from their interventions. Granted |
|
| 2022-04-12 | Submission of motion for leave to intervene, Row | |
| 2022-03-31 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-04-01, (Printed version due on 2022-04-07) | Matthew James Johnston |
| 2022-03-29 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-03-29, (Printed version due on 2022-04-05) | His Majesty the King |
| 2022-03-22 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-28) | Canadian Civil Liberties Association |
| 2022-03-22 | Notice of name, (Letter Form), (Printed version filed on 2022-03-28) | Canadian Civil Liberties Association |
| 2022-03-22 | Motion for leave to intervene, (Book Form), (2 volumes), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-03-28) | Canadian Civil Liberties Association |
| 2022-03-22 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-03-24) | Attorney General of Ontario |
| 2022-03-22 | Motion for leave to intervene, (Letter Form), Missing: Filing Fee (rec' 01/12/23), Completed on: 2023-01-16, (Printed version filed on 2022-12-14) | Director of Public Prosecutions |
| 2022-03-22 | Notice of name, (Letter Form), (Printed version due on 2022-03-29) | Trial Lawyers Association of British Columbia |
| 2022-03-22 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2022-03-29) | Trial Lawyers Association of British Columbia |
| 2022-03-22 | Notice of name, (Letter Form), Missing: Proof of Service, (Printed version due on 2022-03-29) | Criminal Trial Lawyers' Association (Alberta) |
| 2022-03-22 | Motion for leave to intervene, (Book Form), Missing: Proof of Service (rec' 03/24/22), Filing Fee (rec' 03/28/22), Completed on: 2022-04-05, (Printed version filed on 2022-03-30) | Criminal Trial Lawyers' Association (Alberta) |
| 2022-03-21 | Notice of name, (Letter Form), (Printed version filed on 2022-03-21) | Independent Criminal Defence Advocacy Society |
| 2022-03-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-03-21) | Independent Criminal Defence Advocacy Society |
| 2022-03-21 | Notice of name, (Letter Form), (Printed version filed on 2022-03-22) | Criminal Lawyers' Association (Ontario) |
| 2022-03-21 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-03-22) | Criminal Lawyers' Association (Ontario) |
| 2022-03-18 | Reply to miscellaneous motion, (Letter Form), Completed on: 2022-03-21 | Matthew James Johnston |
| 2022-03-11 | Certificate (on limitations to public access) | Anil Kapoor |
| 2022-03-11 | Response to miscellaneous motion, (Letter Form), (Included in the response to motion to extend time), Completed on: 2022-03-14 | Anil Kapoor |
| 2022-03-11 | Response to motion to extend time, (Letter Form), Completed on: 2022-03-14 | Anil Kapoor |
| 2022-03-11 | Response to miscellaneous motion, (Included in the response to motion to extend time), Completed on: 2022-03-11, (Printed version filed on 2022-03-11) | His Majesty the King |
| 2022-03-11 | Response to motion to extend time, Completed on: 2022-03-11 | His Majesty the King |
| 2022-03-09 | Notice of miscellaneous motion, (Book Form), (to obtain judicial summaries) Jointe avec requête pour proroger les délais, Completed on: 2022-03-10 | Matthew James Johnston |
| 2022-03-09 |
Motion to extend time, (Book Form), to serve and file the Respondent Factum (joint with a motion to provide judicial summary) MISSING: Filing Fee, Incomplete |
Matthew James Johnston |
| 2022-02-28 | Correspondence received from, (Letter Form), (Printed version due on 2022-03-07) | His Majesty the King |
| 2022-02-28 |
Certificate (on limitations to public access), (Letter Form), SEALED / CONFIDENTIAL / RESTRICTED 23B - Appeal Materials sealed copy rec'd 2022-02-28 redacted copy rec'd 2022-02-28 , (Printed version due on 2022-03-07) |
His Majesty the King |
| 2022-02-28 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2022-03-07) | His Majesty the King |
| 2022-02-28 |
Appellant's record, (Book Form), (17 volumes), SEALED / CONFIDENTIAL / RESTRICTED sealed copy rec'd 2022-02-28 public/open copy rec'd 2022-02-28 (volumes 1-2 filed in paper format 2022-03-01 and electronic format 2022-02-28 ; volumes 3-17 filed in electronic format only 2022-02-28 ; rec'd amended vols 5, 14, 15 on 2022-03-30 ; rec'd re-amended vol 14 on 2022-04-11 ; rec'd re-amended vol 14 on 2022-06-24), Completed on: 2022-03-23, (Printed version filed on 2022-03-01) |
His Majesty the King |
| 2022-02-28 |
Appellant's factum, (Book Form), SEALED / CONFIDENTIAL / RESTRICTED sealed copy rec'd 2022-02-28 redacted copy rec'd 2022-02-28 (rec'd redacted paper copy 2022-03-01) require: amended factum (rec'd amended sealed and redacted factum 2022-05-11), Completed on: 2022-03-23, (Printed version filed on 2022-03-01) |
His Majesty the King |
| 2022-01-20 | Certificate (on limitations to public access), (Letter Form), 23B - Correspondence dated 2022-01-20, (Printed version due on 2022-01-27) | His Majesty the King |
| 2022-01-20 | Correspondence received from, (Letter Form), SEALED / CONFIDENTIAL / RESTRICTED, (Printed version due on 2022-01-27) | His Majesty the King |
| 2022-01-19 | Certificate (on limitations to public access), (Letter Form), 23B - Correspondence dated 2022-01-19, (Printed version due on 2022-01-26) | Anil Kapoor |
| 2022-01-19 | Correspondence received from, (Letter Form), SEALED / CONFIDENTIAL / RESTRICTED, (Printed version due on 2022-01-26) | Anil Kapoor |
| 2022-01-13 | Correspondence received from, (Letter Form), the respondent, Matthew James Johnston, RE: Hearing date, (Printed version due on 2022-01-20) | Matthew James Johnston |
| 2022-01-12 | Correspondence received from, (Letter Form), the appellant, RE: Hearing Date and Filing Schedule (in response to the respondent and amici curiae), (Printed version due on 2022-01-19) | His Majesty the King |
| 2022-01-11 | Correspondence received from, (Letter Form), Amici curiae, RE: "in camera" hearing and hearing date., (Printed version due on 2022-01-18) | Anil Kapoor |
| 2022-01-10 |
Correspondence received from, (Letter Form), Respondent, Cody Rae Haevischer, RE: the Filing schedule, "in camera" hearing and hearing date. Missing: Proof of Service, (Printed version due on 2022-01-17) |
Cody Rae Haevischer |
| 2022-01-05 | Correspondence received from, (Letter Form), Her Majesty the Queen, RE: "in camera" request for the hearing, (Printed version due on 2022-01-12) | His Majesty the King |
| 2022-01-04 | Certificate (on limitations to public access), 23B - Notice of appeal | His Majesty the King |
| 2022-01-04 | Notice of appeal, (Letter Form), Completed on: 2022-01-13, (Printed version filed on 2022-01-06) | His Majesty the King |
| 2021-12-30 |
Correspondence (sent by the Court) to, the parties. Letter from Registrar. The schedule for serving and filing the material is set as follows: a) The notice of appeal and the appellant’s notice of constitutional question shall be served and filed on or before January 4, 2022. b) The respondents’ notice of constitutional question shall be served and filed on or before January 4, 2022. c) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before March 1, 2022. d) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 22, 2022. e) The appellant and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before March 29, 2022. f) Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 31, 2022. g) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before May 4, 2022 h) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before April 26, 2022. i) The hearing of the appeal is tentatively scheduled for the week of May 16th 2022. |
|
| 2021-12-30 |
Appeal hearing scheduled, 2022-10-04, Update: No longer tentatively scheduled for the week of May 16th 2022. New tentative scheduling information to follow in due time. Judgment reserved |
|
| 2021-12-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-12-02 | Judgment on leave sent to the parties | |
| 2021-12-02 |
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), Numbers CA42488 and CA42490, 2021 BCCA 34, dated January 28, 2021, is granted. The application for leave to cross-appeal is dismissed. Granted |
|
| 2021-11-03 | Certificate (on limitations to public access), (Letter Form), 23B-"Crown's Response to Amici's Memorandum of argument on leave to cross-appeal", (Printed version due on 2021-11-10) | His Majesty the King |
| 2021-11-03 | Certificate (on limitations to public access), (Letter Form), 23B-"Amici Curiae - Memorandum of Argument on application for leave to cross-appeal", (Printed version due on 2021-11-10) | Anil Kapoor |
| 2021-11-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-11-01 | All material on the application for leave to cross-appeal submitted to the Judges, for consideration by the Court | |
| 2021-10-01 |
Memorandum of argument in response to the cross-appeal, (Book Form), "Crown's Response to Amici's Memorandum of argument on leave to cross-appeal" SEALED-RESTRICTED require: 23B (rec'd 2021-11-03), Completed on: 2021-11-03, (Printed version due on 2021-10-08) |
His Majesty the King |
| 2021-09-22 |
Application for leave to cross-appeal, (Book Form), "Amici Curiae - Memorandum of Argument on application for leave to cross-appeal" SEALED-RESTRICTED require: 23B (rec'd 2021-11-03), Completed on: 2021-11-03, (Printed version due on 2021-09-29) |
Anil Kapoor |
| 2021-09-08 | Order on miscellaneous motion, by Justice Moldaver (sent by email to parties) | |
| 2021-09-08 |
Decision on the miscellaneous motion, Mo, UPON APPLICATION by the respondents/applicants on cross-appeal for an order to appoint Anil Kapoor and Victoria Cichalewska as amici curiae on the application for leave to cross-appeal and, if leave is granted, on the cross-appeal, pursuant to Rule 92 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Anil Kapoor and Victoria Cichalewska are appointed as amici curiae on the application for leave to cross-appeal and, if leave is granted, on the cross-appeal. The amici curiae shall be entitled to serve and file submissions limited to those that cannot be made by the respondents/applicants on the cross-appeal based on information disclosed to the amici curiae that is not known to the respondents and which may augment or inform the respondents’ proposed ground of appeal, not to exceed five (5) pages in length, within two (2) weeks of the date of this order. The applicant/respondent on the cross-appeal shall be entitled to serve and file a response to the amici curiae’s submissions, not to exceed five (5) pages in length, within two (2) weeks of the filing of the amici curiae’s submissions. Granted |
|
| 2021-09-08 | Submission of miscellaneous motion, Mo | |
| 2021-09-01 | Correspondence received from, (Letter Form), Amicus requests four (4) weeks to file materials, (Printed version due on 2021-09-09) | Anil Kapoor |
| 2021-09-01 | Reply to miscellaneous motion, (Letter Form), Completed on: 2021-09-07 | Matthew James Johnston |
| 2021-08-31 | Response to miscellaneous motion, (Letter Form), Completed on: 2021-08-31 | His Majesty the King |
| 2021-08-30 |
Notice of miscellaneous motion, (Letter Form), (to appoint an amicus curiae on application for leave to cross-appeal) Missing: filing fee (rec'd 2021-08-31), Completed on: 2021-09-01, (Printed version filed on 2021-08-30) |
Matthew James Johnston |
| 2021-08-18 |
Certificate (on limitations to public access), (Letter Form), 23B Applicant - Certificate 23B relating to Redacted Reply to Amici's Response (rec'd 2021-08-18) Applicant - Certificate 23B relating to Sealed Reply to Amici's Response (rec'd 2021-08-20), (Printed version due on 2021-08-25) |
His Majesty the King |
| 2021-08-18 |
Other memorandum of argument on application for leave, (Book Form), SEALED / RESTRICTED Applicant's Reply to Amici's Response to Appeal Application REDACTED COPY: electronic redacted copy (rec'd 2021-08-18) SEALED COPY: electronic sealed copy (rec'd 2021-08-18) require: 23B to accompany sealed copy, (Printed version due on 2021-08-25) |
His Majesty the King |
| 2021-08-09 |
Correspondence received from, (Letter Form), SEALED / RESTRICTED Correspondence accompanying amici's response, (Printed version due on 2021-08-16) |
Anil Kapoor |
| 2021-08-09 |
Other memorandum of argument on application for leave, (Book Form), SEALED / RESTRICTED Amici Curiae Response to Leave to Appeal Application REDACTED COPY: electronic and printed redacted copies (rec'd 2021-08-09) SEALED COPY: electronic sealed copy (rec'd 2021-08-09) require: 23B to accompany sealed copy, (Printed version due on 2021-08-16) |
Anil Kapoor |
| 2021-08-09 |
Certificate (on limitations to public access), (Letter Form), 23B Amici Curiae - Certificate 23B relating to Redacted Response (rec'd 2021-08-09) Amici Curiae - Certificate 23B relating to Redacted Response (rec'd 2021-08-20), (Printed version due on 2021-08-16) |
Anil Kapoor |
| 2021-08-03 | Certificate (on limitations to public access), (Letter Form), 23B - Reply & Response to Cross Appeal, (Printed version due on 2021-08-10) | His Majesty the King |
| 2021-08-03 | Applicant's reply to respondent's argument, (Book Form), (Included in the memorandum of argument in response to the cross-appeal), Completed on: 2021-08-20, (Printed version filed on 2021-08-03) | His Majesty the King |
| 2021-08-03 | Memorandum of argument in response to the cross-appeal, (Book Form), Completed on: 2021-08-20, (Printed version due on 2021-08-10) | His Majesty the King |
| 2021-06-17 | Correspondence received from, (Letter Form), For the same reasons requiring the appointment of amici in the Crown's leave application, it is our respectful submission that an appointment is needed in the application for leave to cross-appeal., (Printed version due on 2021-06-24) | Matthew James Johnston |
| 2021-06-07 | Order on miscellaneous motion, by MOLDAVER J. | |
| 2021-06-07 |
Decision on the miscellaneous motion, Mo, UPON APPLICATION by the applicant, Her Majesty the Queen, for an order appointing Anil Kapoor and Victoria Cichalewska as amici curiae on the application for leave to appeal and on the appeal, if leave is granted, pursuant to Rule 92 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Anil Kapoor and Victoria Cichalewska are appointed as amici curiae on the application for leave to appeal and on the appeal, if leave is granted. The amici curiae shall be entitled to serve and file a response to the application for leave to appeal, not to exceed twenty (20) pages in length, on or before August 9, 2021. The respondents shall serve and file their responses to the application for leave to appeal on or before August 9, 2021. Granted |
|
| 2021-06-07 | Submission of miscellaneous motion, Mo | |
| 2021-06-04 |
Application for leave to cross-appeal, (Book Form), (Included in the respondent's response on the application for leave to appeal), Joint Response to Application for Leave to Appeal and Application for Leave to Cross-Appeal of the respondents Matthew James Johnston and Cody Rae Haevischer received: revised response to the application for leave to appeal/applications for leave to cross appeal and revised joint memorandum of argument (rec'd 2021-06-08), Completed on: 2021-08-20, (Printed version due on 2021-06-11) |
Matthew James Johnston |
| 2021-06-04 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-06-11) | Cody Rae Haevischer |
| 2021-06-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-06-11) | Cody Rae Haevischer |
| 2021-06-04 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-06-11) | Matthew James Johnston |
| 2021-06-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-06-11) | Matthew James Johnston |
| 2021-06-04 |
Respondent's response on the application for leave to appeal, (Book Form), Joint Response to Application for Leave to Appeal and Application for Leave to Cross-Appeal of the respondents Matthew James Johnston and Cody Rae Haevischer received: revised response to the application for leave to appeal/applications for leave to cross appeal and revised joint memorandum of argument (rec'd 2021-06-08), Completed on: 2021-08-20, (Printed version filed on 2021-06-09) |
Matthew James Johnston |
| 2021-05-06 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-05-06 |
|
| 2021-04-27 | Correspondence received from | Matthew James Johnston |
| 2021-03-26 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion to Appoint Amicus Curiae, Completed on: 2021-05-20 | His Majesty the King |
| 2021-03-26 | Correspondence received from | His Majesty the King |
| 2021-03-26 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2021-03-26 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2021-03-26 |
Application for leave to appeal, (Book Form), SEALED / RESTRICTED / CONFIDENTIAL The following SEALED material was filed in electronic format only on a password protected CD (rec'd 2021-03-26): -Sealed Memorandum of Arguments -Sealed Lower Court Judgments -Sealed Forms: 23A, and 23B The following REDACTED material was filed (rec'd 2021-03-26): -Redacted Full Application -Redacted Notice of Application -Redacted Memorandum of Arguments MISSING: -Appeal Court Order (rec'd 2021-05-07) -Trial court Order (rec'd 2021-05-07), Completed on: 2021-08-04, (Printed version filed on 2021-03-26) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Johnston, Matthew James | Respondent | Active |
| Haevischer, Cody Rae | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Anil Kapoor | Amicus curiae | Active |
| Dana C. Achtemichuk | Amicus curiae | Active |
| Director of Public Prosecutions | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Independent Criminal Defence Advocacy Society | Intervener | Active |
| Criminal Trial Lawyers' Association (Alberta) | Intervener | Active |
| Trial Lawyers Association of British Columbia | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: His Majesty the King
Counsel
Mark Levitz, Q.C.
Geoff Baragar, Q.C
Mark Wolf
Geoff Baragar, Q.C
Mark Wolf
Attorney General of British Columbia
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-0460
FAX: (604) 660-1133
Email: mark.levitz@gov.bc.ca
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-0460
FAX: (604) 660-1133
Email: mark.levitz@gov.bc.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Johnston, Matthew James
Counsel
Brock Martland, K.C.
Jonathan Desbarats
Daniel J. Song
Elliot Holzman
Jonathan Desbarats
Daniel J. Song
Elliot Holzman
Martland & Saulnier
506-815 Hornby St.
Vancouver, British Columbia
V6Z 2E6
Telephone: (604) 687-6278
FAX: (604) 687-6298
Email: martland@martland.ca
506-815 Hornby St.
Vancouver, British Columbia
V6Z 2E6
Telephone: (604) 687-6278
FAX: (604) 687-6298
Email: martland@martland.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: Haevischer, Cody Rae
Counsel
Simon R. Buck
Roger Thirkell
Dagmar Dlab
Roger Thirkell
Dagmar Dlab
Buck & Dlab Law
1700 – 808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 684-4571
Email: sbuck@buckdlablaw.com
1700 – 808 Nelson Street
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 684-4571
Email: sbuck@buckdlablaw.com
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: Anil Kapoor
Counsel
Anil K. Kapoor
Sara N Weinberger
Sara N Weinberger
Kapoor Barristers
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Dana C. Achtemichuk
Counsel
Anil K. Kapoor
Kapoor Barristers
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Scott C. Hutchison
Sarah Strban
Sarah Strban
Henein Hutchison Robitaille LLP
235 King Street East
1st floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: shutchison@hhllp.ca
235 King Street East
1st floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: shutchison@hhllp.ca
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Independent Criminal Defence Advocacy Society
Counsel
Matthew A. Nathanson
Mika Chow
Mika Chow
MN Law
355 Burrard Street, Suite 1000
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 608-6185
FAX: (604) 677-5560
Email: matthew@mnlaw.ca
355 Burrard Street, Suite 1000
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 608-6185
FAX: (604) 677-5560
Email: matthew@mnlaw.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: Criminal Trial Lawyers' Association (Alberta)
Counsel
Stacey M. Purser
Graham Johnson
Graham Johnson
Purser Law
#109, 10171 Saskatchewan Drive
Edmonton, Alberta
T6E 4R5
Telephone: (780) 851-7435
Email: purser@criminalappeals.net
#109, 10171 Saskatchewan Drive
Edmonton, Alberta
T6E 4R5
Telephone: (780) 851-7435
Email: purser@criminalappeals.net
Party: Trial Lawyers Association of British Columbia
Counsel
Tony C. Paisana
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
Matthew Halpin
Norton Rose Fulbright Canada LLP
99 Bank Street
Suite 500
Ottawa, Ontario
K1P 6B9
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
99 Bank Street
Suite 500
Ottawa, Ontario
K1P 6B9
Telephone: (613) 780-8654
FAX: (613) 230-5459
Email: matthew.halpin@nortonrosefulbright.com
Party: Director of Public Prosecutions
Counsel
David W. Schermbrucker
Elaine Reid
Elaine Reid
Public Prosecution Service of Canada
Suite 1400, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-2285
FAX: (902) 426-1351
Email: David.Schermbrucker@ppsc-sppc.gc.ca
Suite 1400, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-2285
FAX: (902) 426-1351
Email: David.Schermbrucker@ppsc-sppc.gc.ca
Agent
François Lacasse
Public Prosecution Service 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: Attorney General of Ontario
Counsel
Katie Doherty
Attorney General of Ontario
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: katie.doherty@ontario.ca
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: katie.doherty@ontario.ca
Party: Canadian Civil Liberties Association
Counsel
Andrew Matheson
Natalie V. Kolos
Natalie V. Kolos
McCarthy Tétrault LLP
Suite 5300, TD Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Email: amatheson@mccarthy.ca
Suite 5300, TD Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 362-1812
FAX: (416) 868-0673
Email: amatheson@mccarthy.ca
Agent
Darius Bossé
Power Law
50 O'Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
50 O'Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Summary
Keywords
Charter of Rights — Criminal law — Stay of proceedings — Abuse of process — Summary dismissal of applications — Whether, and to what extent, a judge is permitted to assess or weigh an applicant’s proposed evidence when determining whether to permit a full evidentiary hearing on an application for a stay of proceedings for abuse of process — Whether the Court of Appeal applied too low a threshold for determining whether a full evidentiary hearing is required on an application for a stay of proceedings for abuse of process.<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) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The respondents were found guilty of six counts of first degree murder and one count of conspiracy to commit murder. The respondents filed applications for stays of proceedings pursuant to s. 24(1) of the Charter, alleging abuses of process due to police misconduct during the investigation, and also because of their conditions while in pre-trial custody. The Crown applied for summary dismissal of the applications. Finding that the serious nature of the offences committed by the respondents could not justify a stay of proceedings, the trial judge allowed the Crown’s applications for summary dismissal, dismissed the respondents’ applications for stays of proceedings, and entered convictions. The Court of Appeal for British Columbia dismissed the respondents’ ground of appeal relating to non-disclosure of evidence, but allowed the respondents’ appeal in part, quashed the convictions but affirmed the verdicts of guilt, and ordered that the matter be remitted to the trial court for an evidentiary hearing on the respondents’ applications for a stay of proceedings for abuse of process.
Lower court rulings
October 2, 2014
Supreme Court of British Columbia
2014 BCSC 1863
Supreme Court of British Columbia
2014 BCSC 1863
Respondents found guilty of six counts of first degree murder, and one count of conspiracy to commit murder.
November 19, 2014
Supreme Court of British Columbia
2014 BCSC 2172
Supreme Court of British Columbia
2014 BCSC 2172
Respondents’ applications for a stay of proceedings for abuse of process summarily dismissed; convictions entered.
January 28, 2021
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 34, CA42488; CA42490
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 34, CA42488; CA42490
Appeal allowed in part; convictions quashed but verdicts of guilt affirmed; matter remitted to trial court for evidentiary hearing on applications for a stay of proceedings for abuse of process.
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
Related links
Date modified: 2025-02-27