Case information
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30512
B.V.N. v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-07-04 | Appeal closed | |
| 2006-06-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-06-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-06-22 |
Judgment on the appeal rendered, Joint with 30514, CJ Ba Bi LeB F Abe Cha, The appeal from the judgment of the Court of Appeal for Manitoba, Numbers AY03-30-05680, AY03-30-05687, dated July 7, 2004, and the appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA031717, dated May 6, 2004, both heard on November 10, 2005, are dismissed. Dismissed |
|
| 2005-12-09 | Correspondence received from, Burke-Robertson by e-mail dated Dec. 9/05 re: consents to submission of N.B. C/A judgment | Her Majesty the Queen |
| 2005-12-07 | Correspondence received from, Brock Martland dated Dec. 7/05 together with a judgment of the N.B. C/A in R. v. P. (L.R.) (sent to the judges Dec. 9/05) | B.V.N. |
| 2005-11-29 | Transcript received, (139 pages) | |
| 2005-11-10 | Judgment reserved OR rendered with reasons to follow | |
| 2005-11-10 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2005-11-10 |
Hearing of the appeal, 2005-11-10, CJ Ba Bi LeB F Abe Cha Judgment reserved |
|
| 2005-11-07 | Notice of appearance, Jennifer Duncan will be present at the hearing. | Her Majesty the Queen |
| 2005-10-28 | Notice of appearance, Cathy Lane-Goodfellow and Patricia Yuzwenko will be present at the hearing. | Youth Criminal Defence Office |
| 2005-09-29 | Notice of appearance, Miriam Bloomenfeld and Melissa Ragsdale will be present at the hearing. | Attorney General of Ontario |
| 2005-09-14 | Notice of appearance, James C. Robb, Q.C. will be present at the hearing. | Attorney General of Alberta |
| 2005-09-14 | Notice of appearance, Brock Martland will be present at the hearing. Revision recvd. Nov 1./05 - Reginald P. Harris will also attend. | B.V.N. |
| 2005-08-16 |
Order by, LeB, FURTHER TO THE ORDER of LeBel J. dated May 31, 2005, granting leave to intervene to the Attorney General of Ontario, the Attorney General of Alberta, the Canadian Foundation for Children, Youth and the Law, the Youth Criminal Defence Office and the Aboriginal Legal Services of Toronto Inc.; 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 these appeals. Granted |
|
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-12 |
Appeal hearing scheduled, 2005-11-10 Judgment reserved |
|
| 2005-07-26 | Book of authorities, (Joint with 30514), Completed on: 2005-07-26 | Attorney General of Ontario |
| 2005-07-26 | Intervener's factum, (Joint with 30514) - CD rec'd/Revise because of format rec'd Aug. 31/05, Completed on: 2005-07-26 | Attorney General of Ontario |
| 2005-07-25 | Book of authorities, (Joint with 30514), Completed on: 2005-07-25 | Canadian Foundation for Children, Youth and the Law |
| 2005-07-25 | Intervener's factum, (Joint with 30514) - CD recvd, Completed on: 2005-07-25 | Canadian Foundation for Children, Youth and the Law |
| 2005-07-21 | Book of authorities, (2 Vol. - Joint with 30514), Completed on: 2005-07-21 | Attorney General of Alberta |
| 2005-07-21 | Intervener's factum, (Joint with 30514) - CD rec'd Sept. 22/05, Completed on: 2005-07-21 | Attorney General of Alberta |
| 2005-07-21 | Book of authorities, (Joint with 30514), Completed on: 2005-07-21 | Youth Criminal Defence Office |
| 2005-07-21 | Intervener's factum, (Joint with 30514) - CD recvd., Completed on: 2005-07-21 | Youth Criminal Defence Office |
| 2005-06-09 | Order on motion to extend time | |
| 2005-06-09 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to June 6/05 and to present oral argument at the hearing of the appeal, De Granted |
|
| 2005-06-09 | Submission of motion to extend time, De | |
| 2005-06-08 | Response to motion to extend time, (Letter Form), from Brook Martland dated June 7/05, Completed on: 2005-06-08 | B.V.N. |
| 2005-06-08 | Motion to extend time, to file the respondent's factum and authorities to June 6/05, Completed on: 2005-06-08 | Her Majesty the Queen |
| 2005-06-06 | Respondent's book of authorities, Completed on: 2005-06-08 | Her Majesty the Queen |
| 2005-06-06 | Respondent's factum, CD rec'd Aug. 5/05, Completed on: 2005-06-08 | Her Majesty the Queen |
| 2005-06-01 | Appeal perfected for hearing | |
| 2005-05-31 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2005-05-31 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene in both appeals 30512 and 30514 of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length. The motion for leave to intervene in both appeals 30512 and 30514 of the applicant, the Attorney General of Alberta, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length. The motion for leave to intervene in both appeals 30512 and 30514 of the applicant, the Canadian Foundation for Children, Youth and the Law, is granted and the applicant shall be entitled to serve and file a single factum not to exceed 20 pages in length. The motion for leave to intervene in both appeals 30512 and 30514 of the applicant, the Youth Criminal Defence Office, is granted and the applicant shall be entitled to serve and file a single 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 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) of the Rules of the Supreme Court of Canada the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Granted |
|
| 2005-05-31 | Submission of motion for leave to intervene, LeB | |
| 2005-05-06 | Response to the motion for leave to intervene, e-mail from Burke-Robertson dated May 6/05 (by all interveners), Completed on: 2005-05-06 | Her Majesty the Queen |
| 2005-05-04 | Response to the motion for leave to intervene, (Letter Form), rec'd from Gowlings by email May 4/05, Completed on: 2005-05-04 | B.V.N. |
| 2005-05-04 | Motion for leave to intervene, to file a factum and present oral argument (joint with 30514), Completed on: 2005-05-04 | Youth Criminal Defence Office |
| 2005-05-04 | Response to the motion for leave to intervene, e-mail from Gowlings dated May 4/05 (by all interveners), Completed on: 2005-05-04 | B.V.N. |
| 2005-05-02 | Motion for leave to intervene, to file a factum and present oral argument (joint with 30514), Completed on: 2005-05-02 | Attorney General of Ontario |
| 2005-05-02 | Motion for leave to intervene, to file a factum and make oral argument (joint with 30514 - book form), Completed on: 2005-05-02 | Canadian Foundation for Children, Youth and the Law |
| 2005-04-29 | Motion for leave to intervene, to file a factum and present oral argument (joint with 30514), Completed on: 2005-04-29 | Attorney General of Alberta |
| 2005-04-06 | Appellant's book of authorities, Completed on: 2005-04-06 | B.V.N. |
| 2005-04-06 | Appellant's factum, CD rec'd Sept. 22/05, Completed on: 2005-04-06 | B.V.N. |
| 2005-03-17 | Correspondence (sent by the Court) to, all parties; the agenda wil not be changed and the appeals will be heard as scheduled | |
| 2005-03-10 | Appellant's record, Completed on: 2005-03-10 | B.V.N. |
| 2005-03-07 | Correspondence received from, Brock Martland dated Mar. 6/05 re: request to be heard at same time as 30254 and 30314 - cc. to all parties - rec'd by fax | B.V.N. |
| 2005-03-04 | Correspondence received from, Jennifer Duncan dated March 3/05 re: hearing with 30254, 30314 and 30514 | Her Majesty the Queen |
| 2005-01-31 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-01-13 | Notice of appeal, Completed on: 2005-01-13 | B.V.N. |
| 2004-12-17 | Judgment on leave sent to the parties | |
| 2004-12-16 |
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 CA031717, dated May 6, 2004, is granted. This case will be heard with Her Majesty the Queen v. B.W.P. (30514). Granted |
|
| 2004-12-16 |
Decision on motion to extend time to file and /or serve the leave application, Ma F Abe, The application for an extension of time is granted. Granted |
|
| 2004-11-22 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2004-11-22 | Submission of motion to extend time to file and/ or serve the leave application, Ma F Abe | |
| 2004-10-08 | Respondent's response on the application for leave to appeal, Completed on: 2004-10-08 | Her Majesty the Queen |
| 2004-09-21 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-09-10 | Book of authorities | B.V.N. |
| 2004-09-10 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in application for leave), Completed on: 2004-09-10 | B.V.N. |
| 2004-09-10 | Application for leave to appeal, Completed on: 2004-10-01 | B.V.N. |
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 |
|---|---|---|
| B.V.N. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Foundation for Children, Youth and the Law | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Youth Criminal Defence Office | Intervener | Active |
Counsel
Party: B.V.N.
Counsel
1190-840 Howe Street
Vancouver, British Columbia
V6Z 2L2
Telephone: (604) 687-6278
FAX: (604) 687-6298
Email: martland@martland.ca
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
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: jennifer.duncan@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Foundation for Children, Youth and the Law
Counsel
Martha Mackinnon
415 Yonge Street
Suite 1203
Toronto, Ontario
M5B 2E7
Telephone: (416) 920-1633
FAX: (416) 920-5855
Email: milnec@lao.on.ca
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: Attorney General of Ontario
Counsel
Miriam Bloomenfeld
Melissa Ragsdale
720 Bay Street, 10th floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4598
FAX: (416) 326-4656
Email: carol.brewer@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Alberta
Counsel
9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: james.robb@gov.ab.ca
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: Youth Criminal Defence Office
Counsel
Cathy Lane Goodfellow
600, 10310 Jasper Avenue
Edmonton, Alberta
T5J 2W4
Telephone: (780) 422-8383
FAX: (780) 427-9367
Email: pyuzwenko@ycdo.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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.
The Appellant was charged with aggravated assault under the Youth Criminal Justice Act, S.C. 2002, c. 1. The charges arose from an incident in which one of his customers (the Appellant was a drug dealer) was beaten by the Appellant and his co-accused. The complainant was also stabbed by the Appellant’s co-accused.
During his trial, the Appellant entered a guilty plea to assault causing bodily harm. He was sentenced to 9 months in custody followed by a 15-month intensive support and supervision program. The Appellant appealed his sentence to the British Columbia Court of Appeal. His application for leave to appeal sentence was allowed, and the appeal was allowed in part, with the conditions imposed on the community supervision portion of the Custody and Supervision Order being deleted.
Lower court rulings
Provincial Court of British Columbia
18742
Appellant sentenced to 9 months custody followed by a 15-month intensive support and supervision program order, following conviction of assault causing bodily harm contrary to s. 267 (b) of the Criminal Code
Court of Appeal for British Columbia (Vancouver)
CA031717
Appellant's appeal from sentence allowed in part; Conditions deleted
Filed documents
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 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 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
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available