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.
23689
D.S.H., et al. v. Her Majesty the Queen
(British Columbia) (Criminal) (As of Right)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1995-09-28 | Record returned to the Registrar of the Court of Appeal | |
| 1994-07-25 | Correspondence (sent by the Court) to, sent to Supreme Court (Campbell River, BC) enclosing their record (2 boxes) | |
| 1994-07-05 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Victoria) | |
| 1994-07-05 | Copy of formal judgment being prepared, Douglas Marion (Campbell River, BC) | |
| 1994-07-05 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-07-05 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-05-30 |
Judgment on the appeal rendered, judgment of C/A set aside, acquittals restored, LaF So McL Ia Ma Allowed, no order as to costs |
|
| 1994-05-30 | Hearing of the appeal, 1994-05-30, judgment of C/A set aside, acquittals restored, LaF So McL Ia Ma | |
| 1994-05-18 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1994-05-18 | Order on miscellaneous motion, re: factum failure to comply with rule 37 | |
| 1994-05-11 |
Decision on miscellaneous motion, for an order permitting the respodent to file a factum notwithstanding the failure to comply with rule 37, Reg Granted, no order as to costs |
|
| 1994-05-11 | Hearing of miscellaneous motion, 1994-05-11, for an order permitting the respodent to file a factum notwithstanding the failure to comply with rule 37, Reg | |
| 1994-05-11 | Submission of miscellaneous motion, 1994-05-11, for an order permitting the respodent to file a factum notwithstanding the failure to comply with rule 37, Reg | |
| 1994-05-10 | Response to miscellaneous motion, to accept the respondent's factum in its present form | D.S.H. |
| 1994-05-09 | Book of authorities, JOINT 10 copies | D.S.H. |
| 1994-04-27 | Appeal hearing scheduled, 1994-05-30 | |
| 1994-04-27 | Affidavit, to accept the rewspondent's factum in its present form (of Dirk Ryneveld, Q.C.), with service | Her Majesty the Queen |
| 1994-04-27 | Notice of miscellaneous motion, to accept the respondent's factum in its present form namely not complying with rule 37 and 38, with service | Her Majesty the Queen |
| 1994-04-25 | Respondent's factum, 24 copies, with service | Her Majesty the Queen |
| 1994-04-13 | Trial court exhibits, 2 boxes from Brad S. Bennett, Exhibit custodian of the Supreme Court (Campbell River, B.C.) (see letter with checklist)(M. Larmour and J. Laniel verified the exhibits together) | |
| 1994-03-31 | Correspondence (sent by the Court) to, from Brad S. Bennett of the Supreme Court of B.C. re: will be forwarded sometime in the next 2 to 3 weeks the exhibits | |
| 1994-03-29 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1994-03-29 | Order on motion to extend time, to file the factum to March 21/94 | |
| 1994-03-29 | Order on motion to extend time, to file the factum to March 8/94 | |
| 1994-03-24 | Response to motion to extend time, to file the appellant's factum and that the appeal be deemed not abandoned (Burke-Robertson) | Her Majesty the Queen |
| 1994-03-24 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ Granted, no order as to costs |
|
| 1994-03-24 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-03-24, CJ | |
| 1994-03-24 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-03-24, CJ | |
| 1994-03-24 |
Decision on motion to extend time, to file the factum to March 21/94, CJ Granted, no order as to costs |
|
| 1994-03-24 | Hearing of motion to extend time, 1994-03-24, to file the factum to March 21/94, CJ | |
| 1994-03-24 | Submission of motion to extend time, 1994-03-24, to file the factum to March 21/94, CJ | |
| 1994-03-24 |
Decision on motion to extend time, to file appellant's factum to March 8/94, CJ Granted, no order as to costs |
|
| 1994-03-24 | Hearing of motion to extend time, 1994-03-24, to file appellant's factum to March 8/94, CJ | |
| 1994-03-24 | Submission of motion to extend time, 1994-03-24, to file appellant's factum to March 8/94, CJ | |
| 1994-03-21 | Appellant's factum, 24 copies (extension of time requested), with service | J.D.N. |
| 1994-03-21 | Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (D. Ryneveld) | Her Majesty the Queen |
| 1994-03-21 | Affidavit, (Stan Guenther), with service | D.S.H. |
| 1994-03-21 | Response to motion to extend time, to file the appellants' factum (D. Ryneveld) | Her Majesty the Queen |
| 1994-03-21 | Affidavit, to file the appellants' factum (Stan Guenther) (joint with J.D.N.), with service | D.S.H. |
| 1994-03-21 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (jont with motion to extend the time to file the appellants' factum), with service | D.S.H. |
| 1994-03-21 | Motion to extend time, to file the appellant's factum to March 21, 1994 (joint with D.S.H.), with service | J.D.N. |
| 1994-03-21 | Motion to extend time, to file the appellant's factum to March 8, 1994 (joint with J.D.N.), with service | D.S.H. |
| 1994-03-09 | Appellant's factum, 24 copies (extension of time requested), with service | D.S.H. |
| 1994-02-28 | Appeal perfected for hearing, Session beginning on 1994-04-25 | |
| 1994-02-21 | Appeal court record, (2 file folders- joint with J.D.N.) | |
| 1993-10-06 | Certified casebook, vols. 1 to 3 | D.S.H. |
| 1993-10-06 | Case on appeal, 23 copies of vols. 1 to 3 | D.S.H. |
| 1993-09-01 | $30.00 filing fee, #27442 | D.S.H. |
| 1993-08-31 | Correspondence (sent by the Court) to, sent to Office of Crown Counsel (Victoria, BC) from C. Alain enclosing copy of Rule 32 | |
| 1993-08-31 | Correspondence (sent by the Court) to, sent to Rush, Crane, Guenther & Adams (Vancouver, BC) from C. alain enclosing Rule 32 | |
| 1993-08-27 | Notice of appeal, (1 copy) | D.S.H. |
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 |
|---|---|---|
| D.S.H. | Applicant | Active |
| J.D.N. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: D.S.H.
Counsel
300 - 111 WATER ST
VANCOUVER, British Columbia
V6B 1A7
Telephone: (604) 687-5611
FAX: (604) 681-0912
Agent
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: J.D.N.
Counsel
Douglas J. Marion
CAMPBELL RIVER, British Columbia
V9W 2E4
Telephone: (604) 286-0671
FAX: (604) 287-7361
Party: Her Majesty the Queen
Counsel
850 BURDETT AVE
1ST FL
VICTORIA, British Columbia
V8W 1B4
Telephone: (250) 387-5161
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Summary
Keywords
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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
Supreme Court of British Columbia
x
acquittal; second degree murder and robbery
Court of Appeal for British Columbia (Vancouver)
x
appeal allowed
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
Related links
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
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