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26570

Her Majesty the Queen v. John Biniaris

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

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)
2001-03-29 Appeal closed
2001-03-22 Formal judgment sent to the registrar of the court of appeal and all parties
2001-02-16 Copy of formal judgment being prepared
2000-10-23 Notice of deposit of judgment sent to all parties, ON REHEARING
2000-10-12 Decision on the motion for a re-hearing of the appeal, CJ L'HD G Ia Ma Ba Bi Arb LeB, The application for extension of time is granted and the motion for a re-hearing is dismissed.
Dismissed, no order as to costs
2000-10-12 Decision on motion to extend time, CJ L'HD G Ia Ma Ba Bi Arb LeB, The application for extension of time is granted.
Granted, no order as to costs
2000-09-28 Reply to the response to the motion for a re-hearing of the appeal, (Letter Form), from H. Brown dated Sept. 27, 2000 (sent to the panel on Oct. 6, 2000), Completed on: 2000-09-28 John Biniaris
2000-09-11 Submission of motion to extend time, CJ L'HD G Ia Ma Ba Bi Arb LeB
2000-09-11 All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G Ia Ma Ba Bi Arb LeB
2000-09-08 Response to the motion for a re-hearing of the appeal, (book form)(sent to panel Sept. 11/2000), Completed on: 2000-09-08 Her Majesty the Queen
2000-08-29 Motion to extend time, to file the motion for rehearing (joint), Completed on: 2000-08-29 John Biniaris
2000-08-29 Motion for a re-hearing of the appeal, (book form)(service to the interveners and $50.00 missing)(sent to panel Sept. 11/2000), Incomplete John Biniaris
2000-05-01 Appeal closed
2000-05-01 Formal judgment sent to the registrar of the court of appeal and all parties
2000-04-20 Copy of formal judgment being prepared
2000-04-14 Notice of deposit of judgment sent to all parties
2000-04-13 Judgment on the appeal rendered, CJ L'HD G McL Ia Ma Ba Bi Arb, The appeal is allowed and the judgment of the Court of Appeal is set aside. The conviction for second degree murder and the sentence imposed by Boyd J. are restored. (*Lamer C.J. took no part in the judgment.)
Allowed, no order as to costs
1999-12-23 Correspondence received from, K. Ker dated Dec. 22, 1999 (fax copy) re: responding to P. Wilson's letter dated Dec. 9, 1999 sent to CJLam, L'Heu, Gonth, McLac, Iacob, Major,Basta, Binni, Arbou Jan. 17/2000. Her Majesty the Queen
1999-12-13 Correspondence received from, P. Wilson dated Dec. 9, 1999 re: evidence of reformation, sent to CJLam, L'Heu, Gonth, McLac, Iacob, Major, Basta, Binni, Arbour Jan. 17/2000. John Biniaris
1999-10-22 Transcript received, and distributed to the justices (238 pages)
1999-10-05 Hearing of the appeal, 1999-10-05, CJ L'HD G McL Ia Ma Ba Bi Arb
Judgment reserved
1999-10-05 Order on motion to extend time
1999-10-05 Decision on motion to extend time, Arb, to serve & file the factum of the intervener Criminal Trial Lawyers Assocation of Alberta to Aug. 13/99, nunc pro tunc.
Granted, no order as to costs
1999-10-05 Submission of motion to extend time, Arb
1999-10-04 Appellant's book of authorities, re JURISDICTION sent to CJ, L'HD, G, Mcl, I, M, Ba, Bi, A., Completed on: 1999-10-04 Her Majesty the Queen
1999-10-04 Supplemental factum, re JURISDICTION sent to CJ, L'HD, G, McL, I, M, Ba, Bi, A., Completed on: 1999-10-04 Her Majesty the Queen
1999-10-01 Motion to extend time, to serve and file their factum to Aug. 13/99 (joint with 26645), Completed on: 1999-10-01 Criminal Trial Lawyers Association of Alberta
1999-09-29 Notice of appearance, of Frank Addario at the hearing of the appeal (original received Oct. 5/99) Criminal Lawyers' Association (Ontario)
1999-09-28 Notice of appearance, of Robert Frater and Morris Pistyner at the hearing of the appeal Attorney General of Canada
1999-09-28 Notice of appearance, of Melvyn Green and Marlys Edwardh at the hearing of the appeal Association in Defence of the Wrongly Convicted
1999-09-27 Notice of appearance, of Gil D. McKinnon, Q.C. and Peter Wilson at the hearing of the appeal John Biniaris
1999-09-27 Notice of appearance, of Robert Kelly at the hearing of the appeal Attorney General for Ontario
1999-09-24 Correspondence (sent by the Court) to, the appellant and the respondent, from the Chief Justice, requesting the parties to include in their oral submissions to the Court various other issues.
1999-09-23 Correspondence received from, Henry S. Brown, Q.C. (by fax) dated Sept. 22/99 re: will not be appearing and rely to written submissions only Criminal Trial Lawyers Association of Alberta
1999-09-22 Book of authorities, (joint with 26645) (extension of time requested), Completed on: 1999-09-22 Criminal Trial Lawyers Association of Alberta
1999-09-20 Notice of appearance, of William F. Ehrcke, Q.C. and Kate Ker at the hearing of the appeal Her Majesty the Queen
1999-09-15 Notice of appearance, de Carole Lebeuf et Maurice Galarneau à l'audition de la cause Attorney General of Quebec
1999-08-16 Book of authorities, (joint with 26645-26924) (extension requested), Completed on: 1999-08-16 Attorney General for Ontario
1999-08-13 Intervener's factum, (joint with 26645) (extension requested), Completed on: 1999-08-13 Criminal Trial Lawyers Association of Alberta
1999-08-12 Appeal hearing scheduled, 1999-10-05
Judgment reserved
1999-07-29 Respondent's book of authorities, Completed on: 1999-07-29 John Biniaris
1999-07-22 Book of authorities, (vol. 1 and 2) (joint with 26645 and 26924), Completed on: 1999-07-22 Association in Defence of the Wrongly Convicted
1999-07-22 Intervener's factum, (joint factum with The Innocence Project) (see order dated April 28, 1999)(joint with 26645 and 26924), Completed on: 1999-07-22 Association in Defence of the Wrongly Convicted
1999-07-13 Order on motion to extend time
1999-07-07 Decision on motion to extend time, L'HD, to serve & file the factum & book of authorities of the intervener Attorney General of Canada to June 23/99
Granted, no order as to costs
1999-07-07 Submission of motion to extend time, by A.G. - Canada, L'HD
1999-07-05 Correspondence received from, C.B. Davison dated June 29/99 re: change of counsel (Marvin Bloos now appointed) (joint with 26645) Criminal Trial Lawyers Association of Alberta
1999-06-30 Response to motion to extend time, from Burke-Robertson (by fax), Completed on: 1999-06-30 Her Majesty the Queen
1999-06-30 Intervener's factum, (see order of June 4/99) (joint with 26645-924), Completed on: 1999-06-30 Attorney General for Ontario
1999-06-23 Response to motion to extend time, (Letter Form), to file the A.G. Canada's factum and authorities to June 22, 1999 (from Gowling, Strathy), Completed on: 1999-06-23 John Biniaris
1999-06-22 Motion to extend time, to file the factum and authorities to June 23, 1999 (joint), Completed on: 1999-06-22 Attorney General of Canada
1999-06-22 Book of authorities, (joint with 26645 and 26924), Completed on: 1999-06-22 Attorney General of Canada
1999-06-22 Intervener's factum, (joint with 26645 and 26924), Completed on: 1999-06-22 Attorney General of Canada
1999-06-08 Order on motion to extend time, to deliver the factum
1999-06-04 Order on motion to extend time, to serve & file the factum of the interveners AIDWYC & Innocence Project to (4) four weeks after the service and filing of the respondents' factums.
1999-06-04 Decision on motion to extend time, Ba, to serve & file the factum of the intervener A.G. - Ontario to June 30/99
Granted, no order as to costs
1999-06-04 Submission of motion to extend time, by A.G. - Ontario, Ba
1999-05-31 Correspondence received from, C. Davison dated May 31, 1999 (fax copy) re: will file their factum by the end of June Criminal Trial Lawyers Association of Alberta
1999-05-28 Intervener's factum, See decision dated April 6/99 (joint with 26645 - 26924), Completed on: 1999-05-28 Criminal Lawyers' Association (Ontario)
1999-05-26 Decision on motion to extend time, Ba, to serve & file the factum of the interveners AIDWYC & Innocence Project to (4) four weeks after the service and filing of the respondents' factums.
Granted, no order as to costs
1999-05-26 Submission of motion to extend time, by AIDWYC & Innocence Project, Ba
1999-05-25 Response to motion to extend time, (Letter Form), from Burke-Robertson dated May 25/99 (fax copy), Completed on: 1999-05-25 Her Majesty the Queen
1999-05-21 Motion to extend time, to file the factum to June 30, 1999 (joint with 26645) - 1 copy, Completed on: 1999-05-21 Attorney General for Ontario
1999-05-20 Response to motion to extend time, (Letter Form), from Burke-Robertson dated May 20, 1999 (fax copy), Completed on: 1999-05-20 Her Majesty the Queen
1999-05-19 Correspondence received from, H. Brown dated May 19, 1999 (fax copy) re: suggests that the jurisdictional issue be heard first (joint with 26645-26924) Her Majesty the Queen
1999-05-18 Intervener's factum, Completed on: 1999-05-25 Attorney General of Quebec
1999-05-18 Motion to extend time, (to file the factum prescribed in rule 38) (joint with 26645 and 26924), Completed on: 1999-05-18 Association in Defence of the Wrongly Convicted
1999-05-18 Motion to extend time, (to file the factum prescribed in rule 38) (joint with 26645 and 26924) - 1 copy, Completed on: 1999-05-18 The Innocence Project
1999-05-14 Respondent's book of authorities, on preliminary Jurisdictional question (as per A. Roland's letter of Jan. 29, 1999), Completed on: 1999-05-14 John Biniaris
1999-05-11 Correspondence received from, C. Davidson dated May 5, 1999 re: service of the motion to intervene will be filed shortly Criminal Trial Lawyers Association of Alberta
1999-05-10 Supplemental factum, on preliminary jurisdictional question - 26 copies (as per A. Roland's letter dated Jan. 29, 1999), Completed on: 1999-05-12 John Biniaris
1999-04-28 Decision on the motion for leave to intervene, Ba, The motions for an extension of time and for leave to intervene of the applicants Association in Defence of the Wrongly Convicted ("AIDWYC") and The Innocence Project are granted. My Order dated April 6, 1999, granting ("AIDWYC") and the Innocence Project leave to intervene in the Biniaris (26570) and Molodowic (26645) appeals is amended by increasing the length of their single joint factum to 40 pages and increasing the length of their single oral argument to 30 minutes in all three appeals. The interveners shall serve and file their factum no later than May 31, 1999.
Granted, no order as to costs
1999-04-28 Submission of motion for leave to intervene, by AIDWYC and The Innocence Project, Ba
1999-04-23 Order on motion for leave to intervene, (by the Court)
1999-04-23 Decision on the motion for leave to intervene, Ba, by the Criminal Trial Lawyers Association, one single factum limited to 30 pages to be filed by May 31, 1999, & a single oral argument limited to 15 minutes.
Granted, no order as to costs
1999-04-23 Submission of motion for leave to intervene, Criminal Trial Lawyers Association, Ba
1999-04-14 Motion for leave to intervene, (joint with 26645 Molodowic filing fee rec. May 4/99), Completed on: 1999-04-14 Criminal Trial Lawyers Association of Alberta
1999-04-09 Appellant's book of authorities, re: additional issues, Completed on: 1999-04-09 Her Majesty the Queen
1999-04-09 Supplemental factum, re: additional issues, Completed on: 1999-04-09 Her Majesty the Queen
1999-04-06 Order on motion for leave to intervene, (by the Court)
1999-04-06 Decision on the motion for leave to intervene, (see amended order dated April 28, 1999), Ba, and extension of time by the Association in Defence of the Wrongly Convicted (AIDWYC) and by the Innocence Project. The applicants shall file a single joint factum limited to 30 pages to be filed by May 31, 1999, and a single oral argument of 15 minutes.
Granted, no order as to costs
1999-04-06 Decision on the motion for leave to intervene, Ba, and extension of time by the Criminal Lawyers' Assocation. The joint factum is limited to 30 pages to be filed by May 31, 1999, & oral argument to 15 minutes.
Granted, no order as to costs
1999-04-06 Decision on the motion for leave to intervene, Ba, and extension of time by the A.G. - Québec. The joint factum is limited to 20 pages to be filed by May 31, 1999, & oral argument to 15 minutes.
Granted, no order as to costs
1999-04-06 Decision on the motion for leave to intervene, Ba, by the A.G. - Ontario. The joint factum is limited to 30 pages to be filed by May 31, 1999, & oral argument to 15 minutes.
Granted, no order as to costs
1999-04-06 Decision on the motion for leave to intervene, Ba, and extension of time by A.G. - Canada. The joint factum is limited to 20 pages to be filed by May 31, 1999, & oral argument to 15 minutes.
Granted, no order as to costs
1999-04-06 Submission of motion for leave to intervene, by A.G. - Can., Ont., Qué., C.L.A., "AIDWYC" & Innocence Project, Ba
1999-03-17 Motion for leave to intervene, (with extension of time) (joint with 26570), Completed on: 1999-03-17 Association in Defence of the Wrongly Convicted
1999-03-17 Motion for leave to intervene, (with extension of time) (joint with 26645), Completed on: 1999-03-17 The Innocence Project
1999-03-08 Response to the motion for leave to intervene, by Criminal Lawyers Ass. (does not oppose, letter dated March 8, 1999) (joint with 26645), Completed on: 1999-03-08 John Biniaris
1999-03-05 Motion for leave to intervene, 3 copies (joint with 26645)(joint with extension of time and lenghty memorandum), Completed on: 1999-03-05 Criminal Lawyers' Association (Ontario)
1999-03-04 Response to the motion for leave to intervene, by A.G. Ontario; A.G. Quebec; A.G. Canada and C.L.A., Completed on: 1999-03-04 Her Majesty the Queen
1999-03-03 Correspondence received, (Letter Form), from C. Davison of Criminal Trial Lawyers Ass. dated March 2, 1999 (fax copy) re: could have their materials filed in support of leave to intervene within 2 weeks of the date on which the time would be extended - joint with 26645
1999-02-22 Motion for leave to intervene, Completed on: 1999-02-22 Attorney General for Ontario
1999-02-22 Motion for leave to intervene, (joint with extension of time) (joint with 26645), Completed on: 1999-02-22 Attorney General of Canada
1999-02-19 Correspondence received, (Letter Form), from J. Hoyles, letter dated Feb. 19, 1999 (fax copy) re: the Criminal Justice Section of the Canadian Bar Ass. has decided not to intervene (joint with 26645)
1999-02-19 Correspondence received from, (Letter Form), from W. Ehrcke to A. Roland, letter dated Feb. 19, 1999 (fax copy) re: suppl. factum - original received on March 2, 1999 Her Majesty the Queen
1999-02-19 Correspondence received, (Letter Form), from C. Davison of Criminal Trial Lawyers Ass., letter dated Feb. 19, 1999 (fax copy) re: intends to intervene (joint with 26645)
1999-02-19 Correspondence received, (Letter Form), from M. Bloos of Can. Council of Criminal Defence, letter dated Feb. 18, 1999 (fax copy) re: intends to intervene (joint with 26645)
1999-02-18 Correspondence received, (Letter Form), from A. Gold of Criminal Lawyers' Ass., letter dated Feb. 18, 1999 (fax copy) re: intends to intervene (joint with 26645)
1999-02-17 Motion for leave to intervene, (joint with extension of time) - 5 copies, Completed on: 1999-02-17 Attorney General of Quebec
1999-02-01 Correspondence (sent by the Court) to, parties re: list of parties invited to intervene (by fax)
1999-01-29 Correspondence (sent by the Court) to, agents for Attorneys General, Criminal Lawyers' Association (ON), Cnd Council of Criminal Defence Lawyers, Criminal Trial Lawyers Assoc., Canadian Bar Assoc., Association des avocats et avocates de la défence du QC (by fax) re: invitation to intervene
1999-01-29 Correspondence (sent by the Court) to, parties requesting further submissions (by fax)
1999-01-28 Supplemental document, 12 copies of appellant's suppl. book of authorities Her Majesty the Queen
1999-01-27 Reply factum on appeal, (see order of Ba of Jan. 6/99), Completed on: 1999-01-27 Her Majesty the Queen
1999-01-13 Appeal hearing scheduled, 1999-06-22
1999-01-07 Order on motion to file a reply factum on appeal
1999-01-06 Decision on the motion to file a reply factum on appeal, the motion for an order permitting the appellant to file a reply factum of 20 pages in length within 3 weeks of this Order is granted, Ba
Granted, no order as to costs
1999-01-06 Order on motion to extend time, to serve and file the factum
1999-01-06 Decision on motion to extend time, to serve and file the respondent's factum to Dec. 16/98, nunc pro tunc, Reg
Granted, no order as to costs
1999-01-06 Submission of motion to file a reply factum on appeal, Ba
1999-01-06 Submission of motion to extend time, Reg
1999-01-05 Response to motion to file a reply factum on appeal, (consents to 10 pages), from Gowling, Strathy, Completed on: 1999-01-05 John Biniaris
1998-12-21 Motion to file a reply factum on appeal, (of 20 pages within 3 weeks of the Courts decision of this application), Completed on: 1998-12-21 Her Majesty the Queen
1998-12-21 Motion to extend time, to file the respondent's factum to Dec. 16, 1998, Completed on: 1998-12-21 John Biniaris
1998-12-16 Respondent's factum, served on Dec. 16, 1998 (as per M.K.), Completed on: 1998-12-16 John Biniaris
1998-11-19 Order on motion to extend time, to serve and file the factum
1998-11-19 Decision on motion to extend time, to serve and file the respondent's factum to Dec. 14/98, Reg
Granted, no order as to costs
1998-11-19 Submission of motion to extend time, Reg
1998-11-18 Response to motion to extend time, consent (letter form), Completed on: 1998-11-18 Her Majesty the Queen
1998-11-18 Motion to extend time, to file the factum to Dec. 14, 1998, Incomplete John Biniaris
1998-11-05 Decision on motion to extend time, to serve and file the book of authorities to Oct. 26/98, Reg
Granted, no order as to costs
1998-11-05 Submission of motion to extend time, 1998-11-05, to serve and file the book of authorities to Oct. 26/98, Reg
1998-10-26 $50.00 filing fee for notice of motion, to extend time receipt #31372 Her Majesty the Queen
1998-10-26 Affidavit, to file the book of authorities (of William F. Ehrcke, Q.C.), with service Her Majesty the Queen
1998-10-26 Motion to extend time, to file the book of authorities to Oct. 26/98, with service, Completed on: 1998-10-26 Her Majesty the Queen
1998-10-26 Book of authorities, With service, Completed on: 1998-10-26 Her Majesty the Queen
1998-10-09 Appeal perfected for hearing, Session beginning on 1999-10-04
1998-10-02 Respondent's record, 23 copies of vol. 1 and 2, Completed on: 1998-10-02 John Biniaris
1998-08-24 Order on motion to extend time, to file their factum
1998-08-14 Decision on motion to extend time, to file their factum to Aug. 31/98, DeRg
Granted, no order as to costs
1998-08-14 Submission of motion to extend time, 1998-08-14, to file their factum to Aug. 31/98, DeRg
1998-08-14 Decision on motion to extend time, to file the appellant's factum to Aug. 31/98, DeRg
Granted, no order as to costs
1998-08-14 Submission of motion to extend time, 1998-08-14, to file the appellant's factum to Aug. 31/98, DeRg
1998-08-14 Appellant's factum, 24 copies, with service, Completed on: 1998-08-14 Her Majesty the Queen
1998-08-10 Response to motion to extend time, to file the appellant's factum (Exhibit to Affidavit), Completed on: 1998-08-10 John Biniaris
1998-08-10 Affidavit, to file the appellant's factum, with service Her Majesty the Queen
1998-08-10 Motion to extend time, to file the appellant's factum to Aug. 31/98, with service, Completed on: 1998-08-10 Her Majesty the Queen
1998-06-12 Appellant's record, 24 copies of vols. 1 to 3, with service, Completed on: 1998-06-12 Her Majesty the Queen
1998-04-20 Proof of service, of the notice of appeal
1998-04-20 Correspondence (sent by the Court) to, sent to Wilson & Buck and A.G. of British Columbia re: Rule 32
1998-04-07 General proceeding, 1 copy of reasons for judgment Her Majesty the Queen
1998-04-07 $50.00 filing a notice of appeal, receipt no. 30402 Her Majesty the Queen
1998-04-07 Notice of appeal, Completed on: 1998-04-07 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 Appellant Active

v.

Main parties - Respondents
Name Role Status
Biniaris, John Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Quebec Intervener Active
Criminal Lawyers' Association (Ontario) Intervener Active
The Innocence Project Intervener Active
Association in Defence of the Wrongly Convicted Intervener Active
Criminal Trial Lawyers Association of Alberta Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Names
William F. Ehrcke, Q.C.
Kate Ker
Contact information
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Biniaris, John

Counsel
Names
Peter J. Wilson
Gil D. McKinnon, Q.C.
Contact information
Buck & Dlab Law
400 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 684-4751
FAX: (604) 684-8319
Email: pjwilson@wbbslaw.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of Canada

Counsel
Names
S. Ronald Fainstein, Q.C.
Robert J. Frater
Morris Pistyner
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
FAX: (613) 957-8412

Party: Attorney General for Ontario

Counsel
Name
Robert Kelly
Contact information
Attorney General of Ontario
720 Bay St., 10th Fl.
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4556
FAX: (416) 326-4656
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Attorney General of Quebec

Counsel
Names
Carole Lebeuf
Maurice Galarneau
Contact information
Procureur général du Québec
4.100 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
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: Criminal Lawyers' Association (Ontario)

Counsel
Names
Alan D. Gold
Frank Addario
Contact information
Gold & Associate
210 - 20 Adelaide St. E.
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: adg@inforamp.net
Agent
Name
Donald B. Bayne
Contact information
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958

Party: The Innocence Project

Counsel
Names
Marlys A. Edwardh
Melvyn Green
Contact information
Ruby & Edwardh
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: edwardh@ruby-edwardh.com
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Kehler
200 Elgin Street, Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Association in Defence of the Wrongly Convicted

Counsel
Name
Melvyn Green
Contact information
Sack Goldblatt Mitchell
1130 - 20 Dundas St. W.
P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Kehler
200 Elgin Street, Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Criminal Trial Lawyers Association of Alberta

Counsel
Name
Marvin R. Bloos, Q.C.
Contact information
Beresh Depoe Cunningham
300 MacLean Block
10110 - 107 Street N.W.
Edmonton, Alberta
T5J 1J4
Telephone: (780) 421-4766
FAX: (780) 429-0346
Email: bloos@appeals.ca
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

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

June 17, 1996
Supreme Court of British Columbia


conviction: second degree murder
March 13, 1998
Court of Appeal for British Columbia (Vancouver)

CA022105

appeal dismissed and a conviction for the included offence of manslaughter was substituted for the conviction for second degree murder

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