Case information
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29083
Her Majesty the Queen v. Steven Keith Mitchell
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-10-08 | Appeal closed | |
| 2003-09-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-09-26 |
Judgment on the appeal rendered, CJ G Ia Ma Ba Bi Arb LeB De, The appeal from the judgment of the Court of Appeal for British Columbia (Victoria), Number V03339, dated January 25, 2002, heard on January 16, 2003, is dismissed. The Court of Appeal's decision to order a new sentencing hearing is confirmed. The hearing is to be determined in accordance with the principles set out in Johnson. Dismissed |
|
| 2003-03-27 | Order on miscellaneous motion, (BY DEPUTY REGISTAR) | |
| 2003-03-27 |
Decision on miscellaneous motion, DeRg, UPON APPLICATION by counsel on behalf of the intervener, the Attorney General of Canada, for an order permitting the filing of a recent decision of the British Columbia Court of Appeal in R. v. Muir dated February 3, 2003; IT IS HEREBY ORDERED THAT: The motion is granted. The recent decision of the British Columbia Court of Appeal in R. v. Muir dated February 3, 2003 will be placed before the Court, together with the responses to the motion filed on behalf of the respondents. Granted |
|
| 2003-03-24 | Submission of miscellaneous motion, DeRg | |
| 2003-03-17 | Reply to miscellaneous motion, (Letter Form), from R. Frater re: does not intent to file a reply (joint with 28945 - 28946 - 29043 - 29140), Completed on: 2003-03-17 | Attorney General of Canada |
| 2003-03-14 | Response to miscellaneous motion, Completed on: 2003-03-27 | Steven Keith Mitchell |
| 2003-03-07 | Notice of miscellaneous motion, to file a supplemental authority (12 copies) (joint with 28945 - 28946 - 29140 - 29043), Completed on: 2003-03-07 | Attorney General of Canada |
| 2003-01-27 | Transcript received, (166 pp.) (joint with/avec 28946, 29043, 29083, 29140, 28945) | |
| 2003-01-16 | Acknowledgement and consent for video taping of proceedings | |
| 2003-01-16 | Judgment reserved OR rendered with reasons to follow | |
| 2003-01-16 |
Hearing of the appeal, 2003-01-16, (V006/V007), CJ G Ia Ma Ba Bi Arb LeB De Judgment reserved |
|
| 2003-01-07 | Notice of appearance, (Letter Form), of Robert J. Frater and David Schermbrucker (fax), dated 01/07/03. | Attorney General of Canada |
| 2003-01-07 |
Decision on motion to extend time, to file the appellant's suppl. authorities to 19-12-02/pour produire des sources suppl. de l'appelante (joint with/avec 28946, 29043, 29083, 29140, 28945), Reg Granted |
|
| 2003-01-07 | Submission of motion to extend time, Reg | |
| 2002-12-19 | Motion to extend time, (to file the suppl. authorities/pour produire des sources additionnelles)(joint with/avec 28945, 28946, 29043, 29140), Completed on: 2002-12-19 | Her Majesty the Queen |
| 2002-12-19 | Appellant's book of authorities, (suppl.)(joint with/avec 28945, 28946, 29043, 29140), Completed on: 2002-12-19 | Her Majesty the Queen |
| 2002-12-13 | Order on motion for leave to intervene, (15 MINUTES ORAL ARGUMENT GRANTED BY MAJOR J.) | |
| 2002-12-05 | Correspondence received from, Gowlings (12-05-02) time allocation / temps de plaidoirie | Steven Keith Mitchell |
| 2002-12-05 | Correspondence received from, (fax) R. Frater (12-05-02) accepts proposed oral argument; accepte plaidoirie orale | Attorney General of Canada |
| 2002-12-02 | Correspondence received from, W. Ehrcke (12-02-02) time allocation / temps de plaidoirie | Her Majesty the Queen |
| 2002-11-29 |
Appeal hearing scheduled, 2003-01-16 Judgment reserved |
|
| 2002-11-26 | Correspondence received from, W. Ehrcke (11-21-02) time allocation / temps de plaidoirie | Her Majesty the Queen |
| 2002-11-22 | Correspondence received from, (by fax) William F. Ehrcke; re: time estimate for oral submission - 2 hours + time for reply; way of proceeding for oral submissions for the 5 appeals | Her Majesty the Queen |
| 2002-11-21 | Correspondence received from, (e-mail) Gowlings; re: respondents' counsel in all 5 appeals will take a total of 3 hours and 30 mins. | Steven Keith Mitchell |
| 2002-11-06 | Respondent's factum, Completed on: 2002-11-06 | Steven Keith Mitchell |
| 2002-11-05 | Appeal perfected for hearing, Session beginning on 2003-01-13 | |
| 2002-09-13 | Appellant's record, Vol. I to XI (25 copies), Completed on: 2002-09-13 | Her Majesty the Queen |
| 2002-09-12 | Order issued on motion for a stay of execution, (by Bastarache J.) | |
| 2002-09-12 |
Decision on the motion for a stay of execution, Ba, by the appellant. The application for a stay of the Court of Appeal's judgment dated January 25, 2002 ordering a new sentence hearing is granted. Granted |
|
| 2002-09-12 | Submission of motion for a stay of execution, Ba | |
| 2002-09-10 | Appellant's factum, Completed on: 2002-09-10 | Her Majesty the Queen |
| 2002-09-10 | Correspondence received from, Robert E. Houston, Q.C. dated Sept. 10/02 re would appreciate hearing from the Court on the stay before Sept. 19/02 | Her Majesty the Queen |
| 2002-09-10 | Reply to motion for a stay of execution, Completed on: 2002-09-10 | Her Majesty the Queen |
| 2002-08-26 | Response to the motion for a stay of execution, (book form) - 3 copies, Completed on: 2002-08-26 | Steven Keith Mitchell |
| 2002-08-16 | Motion for a stay of execution, (book form)(judgment of S. C. of B.C. dated July 16, 2002 of Madam Justice Quijano received on Sept. 11, 2002), Completed on: 2002-08-16 | Her Majesty the Queen |
| 2002-08-02 | Book of authorities, (See decision of July 5/02 - joint with 28945 - 28946 - 29140 - 29043), Completed on: 2002-08-02 | Attorney General of Canada |
| 2002-08-01 | Intervener's factum, (See decision of July 5/02 - joint with 28945 - 28946 - 29140 - 29043), Completed on: 2002-08-01 | Attorney General of Canada |
| 2002-07-05 | Order on motion for leave to intervene, (by Major J.) | |
| 2002-07-05 |
Decision on the motion for leave to intervene, Ma, The motion for an extension of time and for leave to intervene of the applicant ATTORNEY GENERAL OF CANADA is granted and the applicant shall be entitled to serve and file a joint factum not to exceed 20 pages in length. The intervener shall serve and file its factum in all five appeals no later than six (6) weeks after the appellant serves and files its factums in Johnson (28945) and Edgar (28946) and the respondents in these said two (2) appeals shall serve and file their factums no later than six (6) weeks after the intervener serves and files its factum. The respondents in Kelly (29140), Mitchell (29083) and Smith (29043) shall serve and file their factums whichever is the later of a) eight (8) weeks after that of the appellant or b) six (6) weeks after that of the intervener. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners (15 MINUTES GRANTED DECEMBER 13, 2002). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 18(6) the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by the intervention. Granted |
|
| 2002-07-05 | Submission of motion for leave to intervene, Ma | |
| 2002-07-03 | Response to the motion for leave to intervene, (conditional - joint with 28945 - 28946 - 29043 - 29140), Completed on: 2002-07-03 | Steven Keith Mitchell |
| 2002-06-24 | Appellant's book of authorities, (joint with 28945 - 28946 - 29043 - 29140), Completed on: 2002-06-24 | Her Majesty the Queen |
| 2002-06-19 | Response to the motion for leave to intervene, Completed on: 2002-06-19 | Her Majesty the Queen |
| 2002-06-11 | Motion for leave to intervene, Completed on: 2002-06-11 | Attorney General of Canada |
| 2002-06-10 | Correspondence received from, (by fax) Burke-Robertson; re: 5 appeals should be heard together - propose to file a main factum (Johnson 28945) and file brief factums on the unique facts and/or aspects in the other four matters | Her Majesty the Queen |
| 2002-05-21 | Correspondence (sent by the Court) to, all parties; re: filing timetable / tentative hearing date (Jan. 16/03) | |
| 2002-05-21 | Notice of appeal, Completed on: 2002-05-21 | Her Majesty the Queen |
| 2002-05-17 | Notice of deposit of judgment issued to all parties | |
| 2002-05-16 |
Judgment of the Court on the application for leave to appeal Granted, no order as to costs |
|
| 2002-04-29 | All materials on application for leave submitted to the Judges, CJ Ia Arb | |
| 2002-04-11 | Correspondence received from, Burke-Robertson dated April 11, 2002 (fax copy) re: enclosing a revised page 6 of reasons for judgment of C.A. | Her Majesty the Queen |
| 2002-04-02 | Respondent's response on the application for leave to appeal, Completed on: 2002-04-02 | Steven Keith Mitchell |
| 2002-03-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-02-25 | Application for leave to appeal, Completed on: 2002-02-25 | 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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mitchell, Steven Keith | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Beverly MacLean
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Mitchell, Steven Keith
Counsel
2nd Floor - 736 Broughton Street
Victoria, British Columbia
V8W 1E1
Telephone: (250) 480-4040
FAX: (250) 480-0004
Agent
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
David Schermbrucker
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Summary
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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.
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Lower court rulings
Supreme Court of British Columbia
80379-C
Respondent declared a dangerous offender; Respondent sentenced to an indeterminate period of imprisonment.
Court of Appeal for British Columbia (Vancouver)
V03339
Appeal allowed; new hearing 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.
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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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