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.
29976
Daryl Milland Clark v. Her Majesty the Queen
(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) |
|---|---|---|
| 2005-03-03 | Appeal closed | |
| 2005-01-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-01-27 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA029762, 2003 BCCA 408, dated July 9, 2003, heard on November 2, 2004 is allowed, the appellant's conviction is vacated and an acquittal is entered. Allowed |
|
| 2004-11-19 | Transcript received, (59 pages) | |
| 2004-11-02 | Judgment reserved OR rendered with reasons to follow | |
| 2004-11-02 | Supplemental document, One page of Section 173(1) (15 copies) | Daryl Milland Clark |
| 2004-11-02 | Appellant's condensed book, Submitted in Court (14 copies) | Daryl Milland Clark |
| 2004-11-02 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2004-11-02 |
Hearing of the appeal, 2004-11-02, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-09-30 |
Order by, LeB, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal and pursuant to the order of August 4, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-09-29 | Book of authorities, Completed on: 2004-09-29 | Attorney General of Ontario |
| 2004-09-29 | Intervener's factum, Completed on: 2004-09-29 | Attorney General of Ontario |
| 2004-09-16 | Respondent's book of authorities, Completed on: 2004-09-16 | Her Majesty the Queen |
| 2004-09-16 | Respondent's factum, Completed on: 2004-09-16 | Her Majesty the Queen |
| 2004-08-18 | Appeal perfected for hearing | |
| 2004-08-04 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2004-08-04 |
Decision on the motion for leave to intervene, LeB, 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 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2004-08-04 | Submission of motion for leave to intervene, LeB | |
| 2004-08-04 |
Decision on motion to extend time, to serve and file the respondent's factum to Sept. 17/04, Reg Granted |
|
| 2004-08-04 | Submission of motion to extend time, Reg | |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-30 | Motion to extend time, to serve and file the respondent's factum to Sept. 17, Completed on: 2004-07-30 | Her Majesty the Queen |
| 2004-07-22 | Response to the motion for leave to intervene, from Gowlins, Completed on: 2004-07-22 | Daryl Milland Clark |
| 2004-07-21 | Response to the motion for leave to intervene, e-mail from Burke-Robertson dated 07/21/04, Completed on: 2004-07-21 | Her Majesty the Queen |
| 2004-07-20 | Motion for leave to intervene, Completed on: 2004-07-20 | Attorney General of Ontario |
| 2004-07-15 |
Appeal hearing scheduled, 2004-11-02, (previously Nov. 3/04 - Dec. 16/04) Judgment reserved |
|
| 2004-07-08 | Respondent's record, Completed on: 2004-07-08 | Her Majesty the Queen |
| 2004-06-28 | Order on motion to extend time | |
| 2004-06-28 |
Decision on motion to extend time, to FURTHER serve and file the appellant's factum and book of authorities to June 23/04, DeRg Granted |
|
| 2004-06-28 | Submission of motion to extend time, DeRg | |
| 2004-06-23 | Motion to extend time, to file the factum and authorities to June 23, 2004, Incomplete | Daryl Milland Clark |
| 2004-06-23 | Appellant's book of authorities, (Motion for ext. of time requested), Completed on: 2004-06-28 | Daryl Milland Clark |
| 2004-06-23 | Appellant's factum, (Motion for ext. of time requested), Completed on: 2004-06-28 | Daryl Milland Clark |
| 2004-05-28 | Supplemental document, (12 copies of Supplemental Record) | Daryl Milland Clark |
| 2004-05-21 | Order on motion to extend time | |
| 2004-05-21 |
Decision on motion to extend time, to serve and file the appellant's factum and book of authorities to June 15/04, DeRg Granted |
|
| 2004-05-21 | Submission of motion to extend time, DeRg | |
| 2004-05-13 | Response to motion to extend time, (Letter Form), from Joyce DeWitt-Van Oosten dated 05/04/04, Completed on: 2004-05-13 | Her Majesty the Queen |
| 2004-05-13 | Motion to extend time, to file the appellant's factum and authorities to June 15, 2004, Completed on: 2004-05-13 | Daryl Milland Clark |
| 2004-04-05 | Appellant's record, (Vol. I, II), Completed on: 2004-04-05 | Daryl Milland Clark |
| 2004-01-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-01-23 | Notice of appeal, Completed on: 2004-01-23 | Daryl Milland Clark |
| 2004-01-23 | Judgment on leave sent to the parties | |
| 2004-01-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA029762, dated July 9, 2003, is granted. Granted |
|
| 2003-12-08 | All materials on application for leave submitted to the Judges, CJ Ma F | |
| 2003-10-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-10-21 | Respondent's response on the application for leave to appeal, Completed on: 2003-10-21 | Her Majesty the Queen |
| 2003-09-29 | Application for leave to appeal, (6 copies of reasons of the Court of Appeal filed on Oct. 3/03), Completed on: 2003-10-29 | Daryl Milland Clark |
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 |
|---|---|---|
| Clark, Daryl Milland | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Clark, Daryl Milland
Counsel
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 681-7888
FAX: (604) 681-7877
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
Kenneth D. Madsen
PO Box 9276 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 387-0284
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: Attorney General of Ontario
Counsel
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartlett-hughes@jus.gov.on.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.
The Court of Appeal set out the following facts. Between nine and ten p.m. on the evening of October 28, 2000, the complainant were watching television with their two daughters, aged five and seven, while sitting on a couch that faces a sliding glass patio door on the ground level of their home. The patio door faced toward the Appellant’s living room window. His curtains were open and his living room was brightly lit. She alerted her husband. They concluded he was masturbating and moving from side to side to maintain a view of something. They became concerned that he was looking in the direction of their children. Mrs. S. also observed the Appellant get up on a stool which made him more visible. The police were summoned. Corporal Hogg observed the Appellant engaging in the same behaviour, first from the same bedroom window inside the S.’s home and then from the Appellant’s backyard. Corporal Hogg shone his flashlight in the direction of the Appellant and flickered it to get his attention. The Appellant immediately retreated from the window and turned off his living room lights. Eventually, after repeated knocking at the door, the police were admitted and the Appellant was arrested.
The Appellant was charged with one count under s. 173(1)(a) of wilfully doing an indecent act, masturbating, in a public place, in the presence of one or more persons and one count under s. 173(1)(b) of wilfully doing an indecent act, masturbating, in a place, a dwelling house, with intent to insult or offend any person . The Provincial Court judge convicted the Appellant only on the charge under s. 173(1)(a) in summary conviction proceedings. The Appellant was sentenced to four months of jail. The Supreme Court of British Columbia, on summary conviction appeal, affirmed the conviction. The Court of Appeal dismissed an appeal from the Supreme Court of British Columbia.
Lower court rulings
Supreme Court of British Columbia
48478V
Appellant convicted of wilfully doing an indecent act in public contrary to s. 173(1)(a) of the Criminal Code
Court of Appeal for British Columbia (Vancouver)
CA029762
Appellant's appeal against conviction 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.
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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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