Docket

37140

William Scott Clifford v. Her Majesty the Queen

(British Columbia) (Criminal) (As of Right)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2017-02-27 Transcript received, 78 pages
2017-02-21 Appeal closed
2017-02-21 Formal judgment sent to the registrar of the court of appeal and all parties
2017-02-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-02-17 Judgment on the appeal rendered, Abe Mo Ka Wa Côt Br Row,
The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42758, 2016 BCCA 336, dated August 4, 2016, was heard on February 17, 2017, and the Court on that day delivered the following judgment orally:

ABELLA J. —

A majority of this Court would dismiss the appeal, substantially for the reasons of Willcock J.A. While we appreciate the suggestions of the Intervenors that the law be re-examined, we are not satisfied that such re-examination is warranted in this case, particularly where neither party has asked us to depart from the jurisprudence of this Court.

Justice Rowe would have allowed the appeal, based on the dissenting reasons of Newbury J.A., as set out in paras. 22-26 of her reasons.
Dismissed
2017-02-17 Respondent's condensed book, (Book Form), 14 copies (submitted in Court) Her Majesty the Queen
2017-02-17 Hearing of the appeal, 2017-02-17, Abe Mo Ka Wa Côt Br Row
Decision rendered
2017-02-08 Notice of appearance, (Letter Form), Janna Hyman and François Lacasse will be present at the hearing. Ms. Hyman will present oral arguments. Director of Public Prosecutions of Canada
2017-02-07 Correspondence received from, 2 reserved seats requested William Scott Clifford
2017-02-07 Notice of appearance, Dane F. Bullerwell and Jeffrey W. Beedell will be present at the hearing. Mr. Bullerwell will present oral arguments. William Scott Clifford
2017-02-06 Notice of appearance, Michael Dineen and Jonathan Dawe will be present at the hearing. Mr. Dineen will present oral arguments. Criminal Lawyers' Association of Ontario
2017-02-06 Notice of appearance, (Letter Form), Mr. John M. Gordon, Q.C. will be present at the hearing. Her Majesty the Queen
2017-02-06 Order by, Justice Côté, Côt, FURTHER TO THE ORDERS dated December 1, 2016 and December 14, 2016, granting leave to intervene to the Criminal Lawyers’ Association of Ontario and the Director of Public Prosecutions Canada for leave to intervene in the above appeal;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2017-02-02 Correspondence received from, (Letter Form), the appellant, will not be filing a reply factum William Scott Clifford
2017-01-25 Intervener's factum, (Book Form), Completed on: 2017-01-25 Criminal Lawyers' Association of Ontario
2017-01-25 Intervener's book of authorities, (Book Form), 2 copies rec'd, Completed on: 2017-01-25 Director of Public Prosecutions of Canada
2017-01-25 Intervener's factum, (Book Form), Completed on: 2017-01-25 Director of Public Prosecutions of Canada
2017-01-18 Appeal perfected for hearing
2017-01-16 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-01-16) Her Majesty the Queen
2017-01-16 Respondent's book of authorities, (Book Form), Completed on: 2017-01-16, (Electronic version filed on 2017-01-16) Her Majesty the Queen
2017-01-16 Respondent's factum, (Book Form), Completed on: 2017-01-16, (Electronic version filed on 2017-01-16) Her Majesty the Queen
2016-12-14 Order on motion for leave to intervene, by Justice Côté
2016-12-14 Decision on the motion for leave to intervene, Côt, The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before January 25, 2017.
The decision with respect to the request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The appellant is permitted to respond to the intervention in the same five-page reply factum authorized by the order of December 1, 2016.
The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
Granted
2016-12-14 Submission of motion for leave to intervene, Côt
2016-12-12 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-12-12, (Electronic version filed on 2016-12-12) William Scott Clifford
2016-12-01 Order on motion for leave to intervene, (by JUSTICE CÔTÉ)
2016-12-01 Decision on the motion for leave to intervene, Côt, UPON APPLICATION by the Criminal Lawyers’ Association of Ontario for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before January 25, 2017.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The appellant is permitted to serve and file a five (5) page factum in reply to this intervention on or before February 2, 2017.
The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
Granted
2016-12-01 Submission of motion for leave to intervene, Côt
2016-11-30 Motion for leave to intervene, (Letter Form), Completed on: 2016-11-30 Director of Public Prosecutions of Canada
2016-11-23 Notice of hearing sent to parties
2016-11-18 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-11-18, (Printed version filed on 2016-11-21) William Scott Clifford
2016-11-16 Appeal hearing scheduled, 2017-02-17
Decision rendered
2016-11-14 Motion for leave to intervene, (Book Form), Completed on: 2016-11-14 Criminal Lawyers' Association of Ontario
2016-11-02 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-11-02) William Scott Clifford
2016-11-02 Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2016-11-02, (Electronic version filed on 2016-11-02) William Scott Clifford
2016-11-02 Appellant's record, (Book Form), (9 volumes), Completed on: 2016-11-02, (Electronic version filed on 2016-11-02) William Scott Clifford
2016-11-02 Appellant's factum, (Book Form), Completed on: 2016-11-02, (Electronic version filed on 2016-11-02) William Scott Clifford
2016-08-23 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2016-08-17 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2016/08/17
2016-08-10 Certificate (on limitations to public access), (Letter Form), (Included in the notice of appeal), (Electronic version filed on 2016-08-10) William Scott Clifford
2016-08-10 Notice of appeal, (Book Form), Completed on: 2016-08-11, (Electronic version filed on 2016-08-10) William Scott Clifford