Skip to main content

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.


29952

David Brock Henry v. Her Majesty the Queen

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

(Publication ban in case)

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)
2006-01-12 Appeal closed
2005-12-16 Formal judgment sent to the registrar of the court of appeal and all parties
2005-12-16 Judgment and notice of deposit of judgment sent to all parties (re-hearing)
2005-12-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-12-15 Judgment on re-hearing rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the British Columbia Court of Appeal (Vancouver), No. CA030077, 2003 BCCA 476, dated September 8, 2003, heard on January 12, 2005, is dismissed.
Dismissed
2005-01-20 Transcript received, 84 pages (Joint with 29953)
2005-01-12 Judgment reserved on re-hearing
2005-01-12 Acknowledgement and consent for video taping of proceedings, From all parties (Joint with 29953)
2005-01-12 Re-hearing of the appeal, 2005-01-12, CJ Ma Ba Bi LeB De F Abe Cha
Judgment reserved
2005-01-12 Appellant's condensed book, Submitted in Court (14 copies) Joint with 29953 David Brock Henry
2005-01-06 Appeal perfected for hearing
2005-01-05 Notice of appearance, Gil McKinnon will be doing all oral arguments in both cases. David Brock Henry
2005-01-04 Book of authorities, Joint Supplemental, Completed on: 2005-01-10 Her Majesty the Queen
2005-01-04 Notice of appearance, Kenneth J. Yule and Ron Reimer will be present at the hearing. Attorney General of Canada
2004-12-07 Notice of appearance, Lisa Sturgess will be present at the hearing. David Brock Henry
2004-11-26 Re-hearing scheduled, 2005-01-12
Judgment reserved
2004-11-26 Notice of re-hearing sent to the parties
2004-07-29 Judgment on appeal and notice of deposit of judgment sent to all parties
2004-07-28 Judgment on the appeal rendered, Arbour J. did not take part in this decision., CJ Ia Ma Bi Arb LeB F, A re-hearing is ordered.
Rehearing ordered
2004-05-07 Transcript received, (75 pages) (joint with 29953)
2004-04-23 Judgment reserved OR rendered with reasons to follow
2004-04-23 Hearing of the appeal, 2004-04-23, CJ Ia Ma Bi Arb LeB F
Decision reserved
2004-04-23 Acknowledgement and consent for video taping of proceedings, from all parties
2004-04-22 Respondent's condensed book, (24 copies) Her Majesty the Queen
2004-04-16 Book of authorities, to A.G. of Canada's factum (see order of April 8/04) (joint with 29953) (sent to the judges April 19/04), Completed on: 2004-04-16 David Brock Henry
2004-04-16 Reply factum on appeal, to A.G. of Canada's factum (see order of April 8/04) (joint with 29953) (sent to the judges April 19/04), Completed on: 2004-04-16 David Brock Henry
2004-04-08 Order on motion to strike out, (BY IACOBUCCI J.)
2004-04-08 Decision on motion to strike out, Ia, 1) The motion striking the factum filed by the intervener, the Attorney General of Canada, is dismissed.

2) The motion permitting the filing of a reply factum by the appelllants is granted. The appellants reply factum shall be served and filed by April 16, 2004.
Allowed in part
2004-04-08 Submission of motion to strike out, Ia
2004-04-07 Book of authorities, in reply to A.G. of Ontario's factum (joint with 29953)(sent to the Court 04/08/04), Completed on: 2004-04-07 David Brock Henry
2004-04-07 Reply factum on appeal, to A.G. of Ontario (see order of 02/11/04)(joint with 29953)(sent to the Court 04/13/04), Completed on: 2004-04-07 David Brock Henry
2004-04-07 Reply to motion to strike out, (bookform)(joint with 29953), Completed on: 2004-04-08 David Brock Henry
2004-04-07 Order on motion to extend time
2004-04-07 Decision on motion to extend time, to serve and file the respondent's book of authorities to March 24/04, Reg
Granted
2004-04-07 Submission of motion to extend time, Reg
2004-04-07 Response to motion to extend time, (e-mail from Gowlings), Completed on: 2004-04-07 David Brock Henry
2004-04-06 Notice of appearance, Kenneth J. Yule, Q.C. and Ron Reimer will be present at hearing. Attorney General of Canada
2004-04-06 Response to motion to strike out, (Letter Form), from Alexander Budlovsky dated 04/06/04 (joint with 29953), Completed on: 2004-04-06 Her Majesty the Queen
2004-04-05 Response to motion to strike out, (joint with 29953), Completed on: 2004-04-05 Attorney General of Canada
2004-04-05 Order by, Ba, UPON APPLICATIONS by the Attorney General of Canada and the Attorney General of Ontario, for leave to intervene in the above appeals and pursuant to the order of February 11, 2004
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2004-03-31 Motion to strike out, the A.G. of Canada's factum (bookform) (joint with 29953), Completed on: 2004-03-31 David Brock Henry
2004-03-29 Notice of appearance, e-mail received by Gowlings advising that Gil McKinnon, Brian Coleman and Lisa Sturgess will be present at hearing. David Brock Henry
2004-03-29 Intervener's factum, (see order of 03/25/04)(joint with 29953), Completed on: 2004-03-29 Attorney General of Ontario
2004-03-25 Order on motion to extend time
2004-03-25 Decision on motion to extend time, to serve and file the intervener, A.G. Ont., factum and book of authorities to Mar. 29/04 and present oral argument at the hearing of the appeal, Ba
Granted
2004-03-25 Order on motion to extend time
2004-03-25 Decision on motion to extend time, to serve and file the respondent's factum and supplementary record to Mar. 18/04 and present oral argument at the hearing of the appeal, Ba
Granted
2004-03-25 Submission of motion to extend time, Ba
2004-03-24 Motion to extend time, to file the authorities to March 24, 2004 (joint with 29953), Completed on: 2004-03-24 Her Majesty the Queen
2004-03-24 Respondent's book of authorities, vol. 1 and 2 (joint with 29953), Completed on: 2004-03-24 Her Majesty the Queen
2004-03-24 Response to motion to extend time, by the A.G. of Ontario (E-Mail from Burke-Robertson dated 0324/04) (joint with 29953), Completed on: 2004-03-24 Her Majesty the Queen
2004-03-23 Response to motion to extend time, by the A.G. of Ontario (E-Mail from Gowlings dated 03/23/04) (joint with 29953), Completed on: 2004-03-23 David Brock Henry
2004-03-23 Correspondence received from, M. David Lepofsky dated 03/23/04 re: extension of time (joint with 29953) Attorney General of Ontario
2004-03-19 Notice of hearing sent to parties
2004-03-19 Motion to extend time, (Amended) to file its factum and authorities to two weeks following the receipt of the Respondent's factum (joint with 29953), Completed on: 2004-03-15 Attorney General of Ontario
2004-03-18 Appeal hearing scheduled, 2004-04-23
Decision reserved
2004-03-18 Response to motion to extend time, (consent from Gowlings), Completed on: 2004-03-18 David Brock Henry
2004-03-18 Motion to extend time, to file the Respondent's factum and Supplementary Record to 03/18/04(joint with 29953), Completed on: 2004-03-19 Her Majesty the Queen
2004-03-18 Respondent's record, SUPPLEMENTAL (joint with 29953), Completed on: 2004-03-18 Her Majesty the Queen
2004-03-18 Respondent's factum, (joint with 29953), Completed on: 2004-03-18 Her Majesty the Queen
2004-03-18 Correspondence received from, M. David Lepofsky (copy of a letter dated 03/18/04 to Burke-Robertson) (joint with 29953) Attorney General of Ontario
2004-03-17 Book of authorities, (Vol. 1 and 2 - Joint with 29953), Completed on: 2004-03-17 Attorney General of Canada
2004-03-17 Intervener's factum, (Joint with 29953), Completed on: 2004-03-17 Attorney General of Canada
2004-03-16 Response to motion to extend time, (Letter Form), from Gowlings dated 03/16/04 (joint with 29953), Completed on: 2004-03-16 David Brock Henry
2004-03-12 Correspondence received from, M. David Lepofsky dated 03/11/04 re: extension of time (joint with 29953) Attorney General of Ontario
2004-03-08 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2004-03-08 Decision on the motion to state a constitutional question, CJ, The application to state a constitutional question by the intervener, the Attorney General of Canada, is dismissed.
Dismissed
2004-03-03 Appeal perfected for hearing
2004-02-27 Submission of motion to state a constitutional question, CJ
2004-02-26 Reply to the motion to state a constitutional question, (Letter Form), from Kenneth J. Yule, Q.C. dated 02/26/04(joint with 29853), Completed on: 2004-02-26 Attorney General of Canada
2004-02-24 Response to the motion to state a constitutional question, (Letter Form), from Gowlings dated 02/24/04(joint with 29953), Completed on: 2004-02-24 David Brock Henry
2004-02-24 Correspondence received from, Alexander Budlovsky dated 02/23/04 re: reasons to consent to Constitutional Question(joint with 29953) Her Majesty the Queen
2004-02-18 Correspondence received from, Brian Coleman dated 02/17/04 in response to Mr. Lepofsky's letter of 02/11/04(joint with 29953) David Brock Henry
2004-02-18 Response to the motion to state a constitutional question, (Letter Form), from M. David Lepofsky dated 02/18/04 (joint with 29953), Completed on: 2004-02-18 Attorney General of Ontario
2004-02-16 Response to the motion to state a constitutional question, e-mail from Burke-Robertson dated 02/16/04(joint with 29953), Completed on: 2004-02-16 Her Majesty the Queen
2004-02-12 Motion to state a constitutional question, (joint with29953), Completed on: 2004-02-12 Attorney General of Canada
2004-02-11 Correspondence received from, D. Lepofsky dated Feb. 11, 2004 (fax copy) re: requesting a further extension to March 26, 2004 (joint with 29953) Attorney General of Ontario
2004-02-11 Order on motion for leave to intervene, (BY BASTARACHE J.)
2004-02-11 Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 30 pages in length on or before March 17, 2004.
The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 25 pages in length on or before March 17, 2004.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
The appellant is granted permission to serve and file a reply factum on or before March 31, 2004.
Granted
2004-02-11 Submission of motion for leave to intervene, Ba
2004-02-09 Response to the motion for leave to intervene, (Letter Form), from Brian Coleman dated 02/06/04 re: does not oppose (joint with 29953), Completed on: 2004-02-09 David Brock Henry
2004-02-03 Response to the motion for leave to intervene, (Letter Form), from A. Budlovsky dated 02/03/04 re: intervention by A.G. of Canada (joint with 29953), Completed on: 2004-02-03 Her Majesty the Queen
2004-02-03 Response to the motion for leave to intervene, (Letter Form), from A. Budlovsky dated Jan. 29, 2004 (fax copy)(joint with 29953) re: intervention by A. G. Ontario, Completed on: 2004-02-03 Her Majesty the Queen
2004-01-30 Motion for leave to intervene, and to file a joint factum of 25 pages (joint with 29953), Completed on: 2004-01-30 Attorney General of Canada
2004-01-29 Motion for leave to intervene, and to file a memorandum of 30 pages long (joint with 29953), Completed on: 2004-02-04 Attorney General of Ontario
2004-01-13 Order on motion to extend time
2004-01-09 Decision on motion to extend time, to serve and file the joint factum and book of authorities of the appellants to Jan. 7/04, Reg
Granted
2004-01-08 Submission of motion to extend time, Reg
2004-01-07 Response to motion to extend time, (Letter Form), from A. Budlovsky dated Jan. 6, 2004 (fax copy) (included with the motion), Completed on: 2004-01-07 Her Majesty the Queen
2004-01-07 Motion to extend time, to file a joint factum and authorities to Jan. 7, 2004 (joint with 29953), Completed on: 2004-01-07 David Brock Henry
2004-01-07 Appellant's book of authorities, (Joint with 29953), Completed on: 2004-01-09 David Brock Henry
2004-01-07 Appellant's factum, (Joint with 29953), Completed on: 2004-01-09 David Brock Henry
2003-12-23 Respondent's record, (Vol. I and II)(Joint with 29953) (Proof of Service rec'd Jan. 29/04), Completed on: 2004-02-11 Her Majesty the Queen
2003-10-30 Appellant's record, Vol. I to V (joint with 29953), Completed on: 2003-10-30 David Brock Henry
2003-10-22 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2003-09-19 Notice of appeal, Form 25B requested-Rec'd. Oct. 20/03. (C/A Order rec'd Oct. 15/03), Completed on: 2003-10-21 David Brock Henry

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
Henry, David Brock Appellant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: Henry, David Brock

Counsel
J. M. Brian Coleman
Lisa Sturgess
Gil D. McKinnon Q.C.
8 Gaoler's Mews
Vancouver, British Columbia
V6B 4K7
Telephone: (604) 683-5821
FAX: (604) 683-9354
Email: coleman@telus.net
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
Nikos Harris
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

Party: Attorney General of Ontario

Counsel
M. David Lepofsky
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4458
FAX: (416) 326-4656
Email: dlepofsky@sympatico.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

Party: Attorney General of Canada

Counsel
Kenneth J. Yule, Q.C.
Ronald C. Reimer
Attorney General of Canada
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0213
FAX: (604) 666-2760
Email: kenneth.yule@justice.gc.ca
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.

On October 17, 2001, at a trial held before Mr. Justice Romilly and a jury, the two Appellants, David Brock Henry and Barry Wayne Riley, were convicted of the first degree murder of Timothy Langmead. The homicide of Langmead occurred at Port Coquitlam on June 8, 1994. The Appellants had originally been charged with the murder of Langmead in January 1995 and they were both convicted by a jury of first degree murder in late 1996. The Court of Appeal heard an appeal from those convictions in December 1998. By reason of what was found to be an erroneous instruction to the jury concerning intoxication, a new trial was ordered for both Appellants.

At a party held on June 7, 1994 in Lytton, the Appellant, Barry Wayne Riley, spoke with the Appellant, David Brock Henry, about possibly doing a “drug rip-off” in the Lower Mainland. The two men enlisted another young man, Gabe Abbott, to drive with them to Coquitlam. Riley had helped set up a grow operation in a house in Coquitlam that was being looked after by Timothy Langmead. The common theme in both trials was that Langmead was surprised to encounter Riley with Abbott and Henry. Riley and Henry subdued Langmead and secured him to a chair. Langmead eventually suffocated. The three men removed the deceased’s body from the house and threw it into the Fraser River. Nine days later, Langmead’s body was found.

Henry and Riley were arrested in January 1995 and were both charged with the first degree murder of Langmead. At the initial trial, both Appellants advanced the defence of intoxication. The jury rejected that defence and convicted both men of first degree murder. At the second trial before Romilly J. and a jury, the Appellant Henry continued to advance the defence of intoxication. By contrast, the Appellant Riley largely resiled from asserting the defence of intoxication. Both men, through their counsel, admitted their responsibility for homicide of the degree of manslaughter. The only live issue at trial was the degree of responsibility of the men for the homicide. The police had ultimately been able to gain the confidence of the Appellants and to obtain admissions from both men. The two Appellants were convicted of first degree murder. On appeal, subsequent to the argument of the appeal, counsel for the Appellants sought leave to raise an additional ground of appeal and the Court of Appeal permitted the raising of the additional ground arising from two recent decisions of the Supreme Court of Canada. The majority dismissed the appeal. Hall J.A. dissenting held that the learned trial judge erred in permitting Crown counsel to cross-examine the Appellant on statements he made in prior testimony at his first trial.

Lower court rulings

October 17, 2001
Supreme Court of British Columbia

X040826

Conviction: first degree murder

September 8, 2003
Court of Appeal for British Columbia (Vancouver)

CA030077, 2003 BCCA 476

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

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

Not available.

Date modified: 2025-05-13