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29062

Michael Pelletier v. Her Majesty the Queen

(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)
2003-04-03 Record returned to the Registrar of the Court of Appeal
2003-02-20 Appeal closed
2003-02-03 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-01-21 Judgment on the appeal rendered, CJ Ia Ma LeB De, The appeal from the judgment of the Court of Appeal of British Columbia, Number CA026495, dated February 7, 2002, was heard this day and the following judgment was rendered:

THE CHIEF JUSTICE (orally):

This is an appeal as of right. We are all of a view to dismiss the appeal, substantially for the reasons of Finch C.J. in the Court of Appeal.
Dismissed
2003-01-21 Hearing of the appeal, 2003-01-21, (V010), CJ Ia Ma LeB De
2003-01-20 Acknowledgement and consent for video taping of proceedings
2003-01-17 Correspondence received from, (Letter Form), Mr. A. Budlovsky, dated Jan 16/02 RE: requested bilingual legislation included Her Majesty the Queen
2003-01-16 Correspondence received from, (Letter Form), Matthew Nathanson dated 01/16/03, with a copy of the decision of the BCCA in R. v. Smith. Michael Pelletier
2002-12-23 Response to the motion to adduce new evidence, (book form) (sent to the judges Jan. 20/03), Completed on: 2002-12-23 Her Majesty the Queen
2002-12-19 Motion to adduce new evidence, (book form) (sent to the judges Jan. 20/03), Completed on: 2002-12-19 Michael Pelletier
2002-12-11 Correspondence received from, M. Nathanson dated/daatée 11-12-02 (fax copy/télécopieur) re: allocation of time for the hearing/temps alloué pour l'audition Michael Pelletier
2002-12-11 Correspondence received from, A. Budlovsky dated/datée 11-12-02 (fax copy/télécopieur) re: time allocation for the hearing/temps alloué pour l'audition (joint with/avec 29061) (original filed / original déposé 17-12-02) Her Majesty the Queen
2002-12-11 Notice of hearing Michael Pelletier
2002-12-11 Correspondence (sent by the Court) to, Toutes parties; estimation du temps - All parties; time estimate
2002-11-29 Appeal hearing scheduled, 2003-01-21
2002-11-19 Order on motion to extend time
2002-11-19 Decision on motion to extend time, DeRg, to serve and file the respondent's book of authorities to November 15, 2002.
Granted
2002-11-19 Submission of motion to extend time, DeRg
2002-11-15 Motion to extend time, to file the authorities to Nov. 15, 2002, Completed on: 2002-11-15 Her Majesty the Queen
2002-11-15 Respondent's book of authorities, Completed on: 2002-11-15 Her Majesty the Queen
2002-10-29 Respondent's factum, (see decision of Oct. 11/02), Completed on: 2002-10-29 Her Majesty the Queen
2002-10-16 Order on motion to extend time
2002-10-11 Decision on motion to extend time, Reg, to serve and file the respondent's factum, record and book of authorities to October 31, 2002.
Granted
2002-10-11 Submission of motion to extend time, Reg
2002-10-10 Motion to extend time, to file the factum, record and authorities to Oct. 31, 2002, Completed on: 2002-10-10 Her Majesty the Queen
2002-09-25 Appeal perfected for hearing, Session beginning on 2003-01-13
2002-08-02 Order on motion to extend time
2002-08-02 Decision on motion to extend time, DeRg, to serve and file the appellant's factum and book of authorities to July 31, 2002, nunc pro tunc.
Granted
2002-08-02 Submission of motion to extend time, DeRg
2002-08-01 Response to motion to extend time, (Letter Form), Completed on: 2002-08-01 Her Majesty the Queen
2002-08-01 Motion to extend time, to serve and file the factum and book of authorities to July 31/02, Completed on: 2002-08-01 Michael Pelletier
2002-07-31 Appellant's book of authorities, Completed on: 2002-07-31 Michael Pelletier
2002-07-31 Appellant's factum, (see decision of Aug. 2/02), Completed on: 2002-07-31 Michael Pelletier
2002-05-23 Appellant's record, Vol. I to VI (joint with 29061), Completed on: 2002-05-23 Michael Pelletier
2002-04-02 Appeal court record, (1 envelope)
2002-03-07 Correspondence (sent by the Court) to, all parties: re: filing timetable/tentative hearing date (revised March 13) (Jan. 21/03)
2002-03-04 Correspondence received from, Gowlings (by fax) re: publication ban Michael Pelletier
2002-02-26 Notice of appeal, (1 copy of C/A Reasons), Completed on: 2002-02-26 Michael Pelletier

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
Pelletier, Michael Appellant Active

v.

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

Counsel

Party: Pelletier, Michael

Counsel
Matthew A. Nathanson
Gibbons Fowler Nathanson
1300 Marine Building
355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-0778
FAX: (604) 684-0799
Agent
Brian A. Crane, Q.C.
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

Party: Her Majesty the Queen

Counsel
Alexander Budlovsky
Attorney General of British Columbia
6th Floor
865 Hornby
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: alexander.budlovsky@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
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

May 10, 1999
Supreme Court of British Columbia

CC980536

See file

June 4, 1999
Supreme Court of British Columbia


Conviction: Second degree murder, the included offence of aggravated assault and break and enter a dwelling house and committing robbery

February 7, 2002
Court of Appeal for British Columbia (Vancouver)

CA026495

Appeal dismissed and convictions on all counts affirmed

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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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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Webcasts

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Date modified: 2025-05-13