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26899

Robert Jenkins, et al. 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2001-02-16 Appeal closed
2001-02-15 Formal judgment sent to the registrar of the court of appeal and all parties
2001-02-13 Record returned to the Registrar of the Court of Appeal, & trial court
2001-01-18 Copy of formal judgment being prepared
2000-12-15 Notice of deposit of judgment sent to all parties
2000-12-14 Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is dismissed. The judgment of the Court of Appeal setting aside the acquittals and
ordering a new trial is upheld.
Dismissed, no order as to costs
2000-09-11 Correspondence received from, D. Frankel dated Sept. 5, 2000 re: enclosing excerpts from the 1998 Solicitor General's report and the 1999 U.S. Report (joint with 26898, 26904, 26943, 26968)(wait for the appellants' position) (Distributed Nov. 3/2000) Her Majesty the Queen
2000-04-27 Transcript received, (235 pages) (joint with 26898, 26904, 26943, 26968)
2000-04-12 Acknowledgement and consent for video taping of proceedings, (joint with 26898, 26904, 26943, 26968)
2000-04-11 Hearing of the appeal, 2000-04-11, (V038/039/040), CJ L'HD G Ia Ma Ba Bi Arb LeB
Decision reserved
2000-04-10 Appeal court record, (1 padded envelope) (joint with 26898 - 26904 - 26943 - 26968)
2000-04-10 Trial court record, (1 small box) (joint with 26898 - 26904 - 26943 - 26968)
2000-04-10 Appellant's condensed book, (joint with 26898, 26904, 26943, 26968) Robert Jenkins
2000-04-05 General proceeding, The motion by the appellant Grandmaison (26898) to adjourn the hearing of these appeals is denied (see CJ's Order of same date in 26898) Robert Jenkins
2000-03-31 Correspondence received from, Sydney B. Simons (by fax) dated March 30/00 re: consents to re-scheduling of the hearing (see #26898 for the motion) Robert Jenkins
2000-03-21 Appeal hearing scheduled, 2000-04-11
Decision reserved
2000-03-13 Notice of hearing, (joint with 26898, 26904, 26943, 26968) Robert Jenkins
2000-02-11 Respondent's book of authorities, (joint with 26898 - 26904 - 26943 - 26968), Completed on: 2000-02-11 Her Majesty the Queen
2000-02-11 Respondent's record, (joint with 26898 - 26904 - 26943 - 26968), Completed on: 2000-02-11 Her Majesty the Queen
2000-02-11 Respondent's factum, (joint with 26898 - 26904 - 26943 - 26968) (See Order dated Dec. 29/99), Completed on: 2000-02-11 Her Majesty the Queen
2000-01-18 Order on motion to extend time
2000-01-18 Decision on motion to extend time, Reg, to serve & file the appellants' book of authorities to Dec. 2/99, nunc pro tunc.
Granted, no order as to costs
2000-01-18 Submission of motion to extend time, Reg
2000-01-14 Motion to extend time, to file the authorities to Dec. 2, 1999 (joint with 26898, 26904, 26943, 26968), Completed on: 2000-01-14 Robert Jenkins
1999-12-29 Order on motion to extend time
1999-12-29 Decision on motion to extend time, DeRg, to serve & file the respondent's factum, record & book of authorities to Feb. 11, 2000.
Granted, no order as to costs
1999-12-29 Submission of motion to extend time, DeRg
1999-12-17 Motion to extend time, to file the respondent's factum, record and authorities to Feb. 11, 2000 (joint with 26898, 26904, 26943, 26968), Completed on: 1999-12-17 Her Majesty the Queen
1999-12-14 Appeal perfected for hearing, Session beginning on 2000-04-10
1999-12-02 Appellant's book of authorities, (joint with 26898 - 26904 - 26943 - 26968) (extension of time requested), Completed on: 1999-12-02 Robert Jenkins
1999-10-19 Appellant's factum, (joint with 26898), Completed on: 1999-10-19 Robert Jenkins
1999-09-29 Appellant's record, Vol. I to III (joint with 26898 - 26904 - 26943 - 26968) (see order dated Sept. 27/99), Completed on: 1999-09-29 Robert Jenkins
1999-09-27 Order on motion to extend time, (joint order)
1999-09-27 Decision on motion to extend time, Reg, to serve & file the appellant's factum & record to Oct. 19/99 (joint with 26898 - 26904 - 26943 - 26968)
Granted, no order as to costs
1999-09-27 Submission of motion to extend time, Reg
1999-09-17 Response to motion to extend time, Completed on: 1999-09-17 Her Majesty the Queen
1999-09-13 Motion to extend time, to file the appellant's record and factum to Oct. 19, 1999 (joint with 26898, 26904, 26968), Completed on: 1999-09-13 Robert Jenkins
1999-05-25 Letter acknowledging receipt of notice of appeal
1999-05-20 Notice of appeal, (service on May 20 and May 25, 1999), Completed on: 1999-05-25 Robert Jenkins
1999-04-23 Notice of deposit of judgment issued to all parties
1999-04-22 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted.
Granted, no order as to costs
1999-02-08 Hearing of the application for leave to appeal, 1999-02-08, video #V011, CJ McL Ia
Decision reserved
1999-01-26 Correspondence (sent by the Court) to, Peter Hogg re: videoconference dated Feb. 8/99 at 10:00 a.m. EST
1999-01-22 Correspondence received from, from R. Frater: video conference on Feb. 8, 1999 (joint with 26943, 26904, 26968, 26898) Her Majesty the Queen
1999-01-19 Letter advising parties that an oral hearing has been ordered, for Feb. 8/99 at 9:30 a.m.
1999-01-14 Notice of deposit of judgment issued to all parties
1999-01-11 Judgment of the Court on the application for leave to appeal, The application for extension of time is granted and an oral hearing is ordered.

Oral hearing ordered, no order as to costs
1999-01-11 Decision on motion to extend time to file and /or serve the leave application
Granted, no order as to costs
1998-12-07 Submission of motion to extend time to file and/ or serve the leave application, CJ McL Ia
1998-12-07 All materials on application for leave submitted to the Judges, 1999-02-08, CJ McL Ia
Decision reserved
1998-11-25 Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 1998-11-25 Robert Jenkins
1998-11-24 Order on motion to extend time, to file the response
1998-11-24 Order on miscellaneous motion, to file only one response
1998-11-23 Decision on the miscellaneous motion, for permission to file one single response on all 4 leave applications, DeRg
Granted, no order as to costs
1998-11-23 Submission of miscellaneous motion, DeRg
1998-11-10 Notice of miscellaneous motion, to file one Memorandum of Argument for all four Leave Applications (included in Extension of Time) (joint with 26898-26904-26943), Completed on: 1998-11-10 Her Majesty the Queen
1998-11-10 Respondent's response on the application for leave to appeal, (joint with 26898-26904-26943) (served on all parties), Completed on: 1998-11-10 Her Majesty the Queen
1998-11-04 Correspondence received from, sent to Gowling, Strathy & Henderson and A.G. of Canada re: receipt of application for leave to appeal
1998-10-28 $50.00 filing fee, receipt no. 31382 Robert Jenkins
1998-10-28 Application for leave to appeal, (ORAL HEARING REQUESTED) (service and extension of time requested) (TO BE REFERRED WITH 26898, 26904, 26943, 26968), Completed on: 1998-12-07 Robert Jenkins

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
Jenkins, Robert Appellant Active
Leslie, Tiffany Muriel Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Jenkins, Robert

Counsel
Sidney B. Simons
Simons McKenzie Law Corp.
Penthouse, 620 View Street
Victoria, British Columbia
V8W 1J7
Telephone: (250) 386-2225
FAX: (250) 386-6609
Agent
Henry S. Brown, Q.C.
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: Leslie, Tiffany Muriel

Counsel
Sidney B. Simons
Simons McKenzie Law Corp.
Penthouse, 620 View Street
Victoria, British Columbia
V8W 1J7
Telephone: (250) 386-2225
FAX: (250) 386-6609
Agent
Henry S. Brown, Q.C.
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: Her Majesty the Queen

Counsel
S. David Frankel, Q.C.
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Robert J. Frater
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

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

October 31, 1996
Provincial Court of British Columbia


conviction: conspiracy to traffic in cocaine

June 30, 1998
Court of Appeal for British Columbia (Vancouver)

CA V02942

appeal from acquittal allowed, the acquittal set aside and new trial ordered

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

Not available

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

Webcasts

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Date modified: 2025-05-13