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.
26800
Kelly Neil Arthurs v. Her Majesty the Queen
(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) |
|---|---|---|
| 2000-05-04 | Appeal closed | |
| 2000-04-28 | 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, G McL Ia Ma Ba Bi Arb, The appeal is allowed and the judgment of the Court of Appeal is set aside. The matter is remitted to the sentencing judge for consideration of how much credit should be given to the appellant for the time served in pre-sentencing custody. Allowed, no order as to costs |
|
| 1999-11-22 | Transcript received, and distributed to the justices (82 p.)(joint with 26732-802) | |
| 1999-11-09 |
Hearing of the appeal, 1999-11-09, G McL Ia Ma Ba Bi Arb Judgment reserved |
|
| 1999-11-08 | Correspondence received from, G. Gaul dated Nov. 8, 1999 re: corrections in the transcript of evidence (joint) | Her Majesty the Queen |
| 1999-11-05 | Notice of appearance, (fax copy) | Kelly Neil Arthurs |
| 1999-11-01 | Order on motion to extend time | |
| 1999-10-26 |
Decision on motion to extend time, Reg, to serve & file the factum and book of authorities of the intervener Attorney General of Ontario to Oct. 15/99. Granted, no order as to costs |
|
| 1999-10-25 | Submission of motion to extend time, Reg | |
| 1999-10-15 | Book of authorities, (joint with 26802-732), Completed on: 1999-10-15 | The Attorney General for Ontario |
| 1999-10-15 | Intervener's factum, (joint with 26802-732), Completed on: 1999-10-15 | The Attorney General for Ontario |
| 1999-10-15 | Motion to extend time, to file the intervener's factum to Oct. 15/99 (joint with 26802-732), Completed on: 1999-10-15 | The Attorney General for Ontario |
| 1999-09-02 | Notice of hearing | Kelly Neil Arthurs |
| 1999-08-30 |
Appeal hearing scheduled, 1999-11-09 Judgment reserved |
|
| 1999-07-30 | Respondent's book of authorities, Vol. I & II (joint with 26802-732), Completed on: 1999-07-30 | Her Majesty the Queen |
| 1999-07-30 | Respondent's factum, (joint with 26802-732), Completed on: 1999-07-30 | Her Majesty the Queen |
| 1999-07-27 | Appeal perfected for hearing, Session beginning on 1999-10-04 | |
| 1999-07-16 | Order on motion to extend time | |
| 1999-07-16 |
Decision on motion to extend time, DeRg, to file the appellant's record, factum and book of authorities to June 21/99, nunc pro tunc, and to serve by June 24/99, nunc pro tunc Granted, no order as to costs |
|
| 1999-07-16 | Submission of motion to extend time, DeRg | |
| 1999-07-07 | Motion to extend time, to serve & file the appellant's record, factum & authorities, Completed on: 1999-07-07 | Kelly Neil Arthurs |
| 1999-06-21 | Appellant's book of authorities, (extension of time requested - EVB), Completed on: 1999-06-21 | Kelly Neil Arthurs |
| 1999-06-21 | Appellant's record, (extension of time requested - EVB), Completed on: 1999-06-21 | Kelly Neil Arthurs |
| 1999-06-21 | Appellant's factum, (extension of time requested - EVB), Completed on: 1999-06-21 | Kelly Neil Arthurs |
| 1999-06-09 |
Decision on motion to extend time, Reg, to serve & file the respondent's single joint factum of 40 pages by July 30/99 Granted, no order as to costs |
|
| 1999-06-09 | Submission of motion to extend time, by the respondent, Reg | |
| 1999-06-01 | Motion to extend time, to file the respondent's factum to July 30/99 and a joint factum of 40 pages (joint with 26732-802), Completed on: 1999-06-01 | Her Majesty the Queen |
| 1999-05-25 | Order on motion for leave to intervene, (by the Court) | |
| 1999-05-25 |
Decision on the motion for leave to intervene, McL, by the Attorney General of Ontario, a single factum limited to 30 pages & a single oral argument limited to 15 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions. Pursuant to rule 18(6) the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the intervention. Granted, no order as to costs |
|
| 1999-05-25 | Submission of motion for leave to intervene, McL | |
| 1999-05-20 | Correspondence received from, Burke-Robertson re: filing of single factum of 40 pages by the Crown in those appeals (joint with 26802 - 26732) | Her Majesty the Queen |
| 1999-04-06 | Motion for leave to intervene, (joint with 26802)(extension of time included), Completed on: 1999-04-06 | The Attorney General for Ontario |
| 1998-12-22 | Order granting leave to appeal | |
| 1998-12-21 | Notice of appeal, Completed on: 1998-12-21 | Kelly Neil Arthurs |
| 1998-11-20 | Notice of deposit of judgment issued to all parties | |
| 1998-11-19 |
Judgment of the Court on the application for leave to appeal, CJ McL Ia, The application for leave to appeal is granted on the following issue: Whether the Court of Appeal erred in holding that the provisions of s. 719(1) and (3) cannot be applied to take into account time spent in custody pending disposition of charges to reduce a sentence below the minimum four years required by s. 344(a) of the Criminal Code? Granted, no order as to costs |
|
| 1998-10-19 | All materials on application for leave submitted to the Judges, CJ McL Ia | |
| 1998-09-01 | Correspondence received from, sent to Burke-Robertson enclosing copy of letter dated Sept. 01/98 sent to applicant | |
| 1998-09-01 | Correspondence received from, sent to Gowling, Strathy & Henderson to acknowledge receipt of material (incomplete) commencing a proceeding | |
| 1998-08-31 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1998-08-31 | Her Majesty the Queen |
| 1998-08-29 | General proceeding, TO BE REFERRED WITH 26732-26736-26801-26802 | |
| 1998-08-06 | $50.00 filing fee, receipt #30939 | Kelly Neil Arthurs |
| 1998-08-06 | Application for leave to appeal, 5 copies (missing proof of service), Completed on: 1998-10-19 | Kelly Neil Arthurs |
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 |
|---|---|---|
| Arthurs, Kelly Neil | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| The Attorney General for Ontario | Intervener | Active |
Counsel
Party: Arthurs, Kelly Neil
Counsel
Victoria, British Columbia
V8H 2H2
Telephone: (250) 383-0090
Agent
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
Party: Her Majesty the Queen
Counsel
Geoffrey R. Gaul
1001 Douglas St
9th Fl
Victoria, British Columbia
V8V 1X4
Telephone: (250) 387-3840
FAX: (250) 387-0090
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: The Attorney General for Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4587
FAX: (416) 326-4656
Email: david.finley@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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
Provincial Court of British Columbia
86563D & 86584D
Sentence: 4 years imprisonment (robbery) and 3 years imprisonment (attempted robbery) to be served concurrently; ten year firearms prohibition
Court of Appeal for British Columbia (Vancouver)
VI02886
Appellant's sentence appeal dismissed
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
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