Case information
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23748
Her Majesty the Queen v. Nathen Bernshaw
(British Columbia) (Criminal) (By Leave)
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 | |
| 1995-09-28 | Correspondence received from, sent to Ministry of A.G. (Victoria, B.C.) enclosing their record | |
| 1994-11-03 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa, ON) | |
| 1994-11-03 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-11-01 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1994-10-17 | General proceeding, transcripts received and distributed to the judges (74 pages) | |
| 1994-10-07 |
Judgment on the appeal rendered, judgment of C/A set aside, trial conviction restored REASONS TO FOLLOW (REASONS DELIVERED ON JAN. 27/95), CJ LaF L'HD So G Co McL Ia Ma Allowed, no order as to costs |
|
| 1994-10-07 | Hearing of the appeal, 1994-10-07, judgment of C/A set aside, trial conviction restored REASONS TO FOLLOW (REASONS DELIVERED ON JAN. 27/95), CJ LaF L'HD So G Co McL Ia Ma | |
| 1994-10-06 | Order on motion to extend time, to file the factum to Sept 9/94 | |
| 1994-10-03 |
Decision on motion to extend time, to file the factum to Sept 9/94, Reg Granted, no order as to costs |
|
| 1994-10-03 | Hearing of motion to extend time, 1994-10-03, to file the factum to Sept 9/94, Reg | |
| 1994-10-03 | Submission of motion to extend time, 1994-10-03, to file the factum to Sept 9/94, Reg | |
| 1994-10-03 | Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument | |
| 1994-09-30 | Response to motion to extend time, to file the factum to sept. 4/94 | Her Majesty the Queen |
| 1994-09-28 | Affidavit, of Robert A. Higinbotham (to file the respondent's factum to Sept. 9/94), with service | Nathen Bernshaw |
| 1994-09-28 | Motion to extend time, to file the respondent's factum to Sept. 9/94, with service | Nathen Bernshaw |
| 1994-09-27 | Book of authorities, 10 copies, with service | Nathen Bernshaw |
| 1994-09-23 | Appeal court record, (1 folder) | |
| 1994-09-16 | Trial court record, 1 envelope (to be sent back to: Victoria Court Registry, 205 - 850 Burdette Av., Victoria V8W 1B4) | |
| 1994-09-12 | Appeal hearing scheduled, 1994-10-07 | |
| 1994-09-09 | Respondent's factum, 24 copies (extension of time requested), with service | Nathen Bernshaw |
| 1994-09-06 | Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause | |
| 1994-07-25 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, With service, LaF Granted, no order as to costs |
|
| 1994-07-25 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-07-25, With service, LaF | |
| 1994-07-25 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-07-25, With service, LaF | |
| 1994-07-20 | Appeal perfected for hearing, Session beginning on 1994-10-03 | |
| 1994-07-20 | Correspondence (sent by the Court) to, of Gowling, Strathy & Henderson to advise the Court that the respondent takes no position on the motion for the appeal not be deemed abandoned | |
| 1994-06-28 | Affidavit, William F. Ehrcke, with service | Her Majesty the Queen |
| 1994-06-28 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | Her Majesty the Queen |
| 1994-06-24 | Appellant's factum, 24 copies, with service | Her Majesty the Queen |
| 1994-06-07 | Correspondence (sent by the Court) to, sent to A.G. of B.C. c.c. Green Higinbotham & Claus / Burke-Robertson / Gowling, Strathy from C. Alain that if in default to bring a motion to have the appeal not deemed abandoned. | |
| 1994-06-03 | Correspondence (sent by the Court) to, from V. Joly to T. Sturgeon re: informing him that leave to appeal was granted Feb. 10, 1994 | |
| 1994-06-01 | Correspondence (sent by the Court) to, from T. Sturgeon re: wants status of this file | |
| 1994-05-04 | Certified casebook | Her Majesty the Queen |
| 1994-05-04 | Case on appeal, 23 copies, with service | Her Majesty the Queen |
| 1994-02-22 | Notice of appeal, (2 copies), with service | Her Majesty the Queen |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1994-02-11 | Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON) | |
| 1994-02-10 |
Judgment of the Court on the application for leave to appeal, CJ Co Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1994-02-10 | Hearing of the application for leave to appeal, 1994-02-10, CJ Co Ia | |
| 1994-02-10 | All materials on application for leave submitted to the Judges, 1994-02-10, CJ Co Ia | |
| 1993-11-02 | All materials on application for leave submitted to the Judges, CJ Co I | |
| 1993-10-21 | Respondent's response on the application for leave to appeal, 5 copies, with service | Nathen Bernshaw |
| 1993-10-19 | Correspondence received from, sent to Burke-Robertson (Ottawa, ON) c.c. Robert A. Higinbotham, enclosing receipt for filing fee | |
| 1993-10-08 | $30.00 filing fee, receipt no. 27657 | Her Majesty the Queen |
| 1993-10-08 | Application for leave to appeal, 5 copies, with service, Completed on: 1993-10-08 | 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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bernshaw, Nathen | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
602 - 865 Hornby St
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Bernshaw, Nathen
Counsel
1161 FORT ST
VICTORIA, British Columbia
V8V 3K9
Telephone: (604) 361-9600
FAX: (604) 361-9181
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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
61373
appeal dismissed
Court of Appeal for British Columbia (Victoria)
016381
appeal allowed
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
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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