Docket

39599

Kerry Alexander Nahanee v. His Majesty the King

(British Columbia) (Criminal) (By Leave)

(Publication ban in case)

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

Proceedings
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