Skip to main content

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.


21284

Her Majesty the Queen v. Allan Ronald Rodney

(British Columbia) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1994-07-11 Appeal closed
1992-10-16 Correspondence (sent by the Court) to, sent to Court of Appeal of B.C. (Vancouver,BC) Re: Lower Court record sent back.
1992-08-18 Correspondence (sent by the Court) to, sent to Court of Appeal of BC (Vancouver,BC) re: Record of your court sent back.
1990-10-05 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-10-05 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,Qc)
1990-10-05 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-10-05 Copy of formal judgment being prepared, Bruce A. MacFarlane, Q.C., C/O Dept. of Justice (Ottawa,ON)
1990-10-05 Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1990-09-28 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-09-28 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1990-09-28 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-09-28 Copy of formal judgment being prepared, Bruce A. MacFarlane, Q.C., C/O Dept. of Justice (Ottawa,ON)
1990-09-28 Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1990-09-19 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-09-13 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-09-13 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1990-09-13 Notice of deposit of judgment sent to all parties, Bruce A. MacFarlane, C/O Department of Justice (Ottawa,ON)
1990-09-13 Judgment on the appeal rendered, CJ CJ W L'HD So G Co, The appeal is dismissed, L'Heureux-Dubé J. dissenting. Dickson was Chief Justice at the time of hearing. Lamer was Chief Justice as the time of judgment.
Dismissed, no order as to costs
1990-04-10 General proceeding, transcripts received and distributed to the justices (37 pages)
1990-03-26 Service, A.G. Qué.'s factum
1990-03-26 Hearing of the appeal, 1990-03-26, CJ CJ W L'HD So G Co
Decision reserved
1990-03-23 Correspondence (sent by the Court) to, from Burke-Robertson re: expects to take 15 mins. in argument
1990-03-22 Correspondence (sent by the Court) to, re: 15 mins. in argument
1990-03-21 Intervener's factum, 21 copies, with service Attorney General of Newfoundland
1990-03-21 Book of authorities, 10 copies, with service Attorney General of Canada
1990-03-21 Intervener's factum, 21 copies Attorney General of Quebec
1990-03-16 Intervener's factum, 21 copies (joint with 21122-21252-20758-21076- 21382), with service Attorney General of Canada
1990-03-14 Respondent's factum, 21 copies, with service Allan Ronald Rodney
1990-02-13 Appellant's factum, 21 copies, with service Her Majesty the Queen
1990-02-01 Appeal hearing scheduled, 1990-03-26
Decision reserved
1990-01-08 Appeal perfected for hearing, Session beginning on 1990-01-22
1989-12-22 Order on motion to expedite the appeal
1989-12-22 Case on appeal, 21 copies, vols 1 & 2,, with service Her Majesty the Queen
1989-12-21 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (the last two weeks of March, 1990). The case will be heard together with "The Queen v. James Jr." (20758) and "Arkel v. The Queen" (21076) and "The Queen v. Martineau" (21122) and "Luxtun v. The Queen" (21252) and "The Queen v. Logan" (21382) on Monday March 26, 1990.
Granted, no order as to costs
1989-12-21 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-12-21
1989-12-21 Hearing of motion to expedite the appeal, 1989-12-21
1989-12-21 Submission of motion to expedite the appeal, 1989-12-21
1989-12-19 Service, on notice of motion for special place on the list and the affidavit of Ian Donaldson
1989-12-14 Response to motion to expedite the appeal Her Majesty the Queen
1989-12-14 Affidavit, of Ian Donaldson Allan Ronald Rodney
1989-12-14 Motion to expedite the appeal, (for the last two weeks of March, 1990) Allan Ronald Rodney
1989-10-24 Notice of intervention respecting a constitutional question Attorney General of Quebec
1989-10-20 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1989-10-17 Notice of intervention respecting a constitutional question Attorney General of Alberta
1989-10-10 Notice of intervention respecting a constitutional question Attorney General of Newfoundland
1989-10-02 General proceeding, proof of service,, with service Her Majesty the Queen
1989-09-26 Order on motion to state a constitutional question
1989-09-20 Decision on the motion to state a constitutional question, (For Constitutional Questions see file or Reg's Red Bk #7 @ p.243. Interventions by Oct.23/89)., CJ
Granted, no order as to costs
1989-09-20 Hearing of the motion to state a constitutional question, 1989-09-20, (For Constitutional Questions see file or Reg's Red Bk #7 @ p.243. Interventions by Oct.23/89)., CJ
1989-09-20 Submission of motion to state a constitutional question, 1989-09-20, (For Constitutional Questions see file or Reg's Red Bk #7 @ p.243. Interventions by Oct.23/89)., CJ
1989-09-15 Response to the motion to state a constitutional question Allan Ronald Rodney
1989-09-15 Motion to state a constitutional question, and for directions as to serving all the Attorneys General, with service Her Majesty the Queen
1989-09-07 General proceeding, to note Appeal to be heard January 22, 1990 at the same time as the following appeals, "The Queen -v- Roderick Russell Martineau" (21122), "Kevin James Arkell v. The Queen" (21076), "Robert Nelson Luxton v. The Queen" (21252), "The Queen v. Sutcliffe Jr.
1989-07-12 Notice of appeal, With service Her Majesty the Queen
1989-07-12 Order granting leave to appeal
1989-07-07 Notice of appeal, With service Her Majesty the Queen
1989-06-14 Close file on Leave
1989-06-14 Notice of deposit of judgment issued to all parties, Brian Purdy (Vancouver, B.C.)
1989-06-14 Notice of deposit of judgment issued to all parties, Oliver, Waldock (Vancouver, B.C.)
1989-06-14 Notice of deposit of judgment issued to all parties, Burke-Robertson, Chadwick & Ritchie (Ott., Ont.)
1989-06-08 Judgment of the Court on the application for leave to appeal, W So Co, The application for leave to appeal is granted, the appeal to be heard together with the appeals of Her Majesty the Queen v. Roderick Russell Martineau # 21122, Arkell v. Her Majesty the Queen # 21076 and Luxton v. Her Majesty the Queen #21252
Granted, no order as to costs
1989-04-18 General proceeding, to note Court of Appeal transcripts vols. 1 to 2 (3 sets) Her Majesty the Queen
1989-04-17 Hearing of the application for leave to appeal, 1989-04-17, W So Co
Decision reserved
1989-04-17 All materials on application for leave submitted to the Judges, 1989-04-17, W So Co
Decision reserved
1989-04-17 General proceeding, to note Appeal Court Record Her Majesty the Queen
1989-04-10 Hearing of the application for leave to appeal scheduled
1989-04-10 Hearing of the application for leave to appeal removed from schedule
1989-04-10 Book of authorities, , 2 copies Allan Ronald Rodney
1989-04-07 Book of authorities, , 3 copies Allan Ronald Rodney
1989-04-07 Respondent's response on the application for leave to appeal, , 5 copies Allan Ronald Rodney
1989-04-04 Hearing of the application for leave to appeal scheduled
1989-02-28 Hearing of the application for leave to appeal removed from schedule
1989-02-28 Correspondence received from, from J.D. Taylor (Agreement as to extension)
1989-02-24 Hearing of the application for leave to appeal scheduled
1989-02-23 Correspondence received from, re oral hearing sent to Burke-Robertson (Ott., Ont.)
1989-02-23 Correspondence received from, re oral hearing sent to Oliver, Waldock (Vanc., B.C.)
1989-02-23 Judgment of the Court on the application for leave to appeal, CJ W So
Oral hearing ordered, no order as to costs
1989-02-23 Hearing of the application for leave to appeal, 1989-02-23, CJ W So
1989-02-23 All materials on application for leave submitted to the Judges, 1989-02-23, CJ W So
1989-02-20 All materials on application for leave submitted to the Judges, CJ W So
1989-01-30 Correspondence received from, dated Jan 30/89 from Oliver Waldock (advised by phone that he needed a formal motion to extend time)
1989-01-06 Correspondence received from, letter re new rules sent to J.D. Taylor, Q.C. (Nanaimo, B.C.)
1989-01-03 Correspondence received from, from Burke, Robertson, Chadwick Her Majesty the Queen
1989-01-03 $30.00 filing fee, receipt #13419 Her Majesty the Queen
1989-01-03 Application for leave to appeal, 5 copies of vols. 1 & 2, Completed on: 1989-01-03 Her Majesty the Queen

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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Rodney, Allan Ronald Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General of Newfoundland Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
James D. Taylor, Q.C.
Contact information
Attorney General of British Columbia
601 - 17 CHURCH ST
NANAIMO, British Columbia
V9R 5H5
Telephone: (604) 755-2225
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Rodney, Allan Ronald

Counsel
Name
Ian Donaldson
Contact information
Oliver and Company
1920 - 777 HORNBY ST
VANCOUVER, British Columbia
V6Z 2L1
Telephone: (604) 681-5232
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Canada

Counsel
Name
Brian Purdy
Contact information
Attorney General of Canada
2800 - 1055 GEORGIA ST W
PO BOX 11118
VANCOUVER, British Columbia
V6E 3P9
Agent
Name
Bruce A. MacFarlane
Contact information
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763

Party: Attorney General of Newfoundland

Counsel
Name
Wayne Gorman
Contact information
Attorney General of Newfoundland
4th Floor, East Block
Confederation Bldg, P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2868
FAX: (709) 729-2129
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Name
Jacques Gauvin
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Alberta

Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Summary

Keywords

None.

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.

None.

Lower court rulings

May 12, 1984
Supreme Court of British Columbia

X03-10496

Conviction: Second degree murder

November 1, 1988
Court of Appeal for British Columbia (Vancouver)

CA002590

Appeal allowed - new trial ordered

Filed documents

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 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 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

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

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13