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.
31191
John Terceira v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-01-17 | Close file on Leave | |
| 2006-01-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-01-13 | Judgment on leave sent to the parties | |
| 2006-01-12 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Number M22/05, dated June 16, 2005, is dismissed. Dismissed |
|
| 2006-01-12 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2005-12-12 | Submission of motion to extend time to file and/ or serve the leave application, F Abe Cha | |
| 2005-12-12 | All materials on application for leave submitted to the Judges, F Abe Cha | |
| 2005-12-06 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), From S. Porter dated Oct. 24/05 by fax, Completed on: 2005-12-06 | Her Majesty the Queen |
| 2005-11-18 | Respondent's response on the application for leave to appeal, Completed on: 2005-11-18 | Her Majesty the Queen |
| 2005-11-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-10-24 | Application for leave to appeal, (Ewaschuk J's endorsement rec'd Jan. 11/06), Completed on: 2005-10-24 | John Terceira |
| 2005-10-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in Application for Leave to Appeal) (Affidavit in support of motion rec'd. by fax Dec. 9/05 - original rec'd. Dec. 13/05), Completed on: 2005-10-24 | John Terceira |
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 |
|---|---|---|
| Terceira, John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Terceira, John
Counsel
5000 Yonge Street
Suite 1708
Toronto, Ontario
M2N 7E9
Telephone: (416) 365-1773
FAX: (416) 365-0866
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4623
FAX: (416) 326-4656
Email: shawn.porter@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
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.
Criminal law (Non Charter) - Evidence - DNA evidence - Whether a convicted offender has a right to access and test trial exhibits post-conviction following the exhaustion of all appeals?
The Applicant, John Terceira, applied for the release for DNA testing of leotards worn by a six year old murder victim. The leotards were filed as an exhibit at Terceira's trial. In February 1993, Terceira was convicted of first degree murder. That conviction was affirmed on appeal in February 1998 and reaffirmed by this Court in December 1999.
The Ontario Superior Court held that it did not have the jurisdiction to release the evidence for testing post-conviction and held that if it had jurisdiction, it would not exercise its discretion in granting the motion.
Lower court rulings
Ontario Superior Court of Justice
M22/05
Application to release trial exhibit for further testing dismissed
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