Case information
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31642
Her Majesty the Queen v. Jill Marie McIvor
(British Columbia) (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) |
|---|---|---|
| 2008-04-24 | Appeal closed | |
| 2008-03-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-03-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-03-20 |
Judgment on the appeal rendered, CJ Ba Bi F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA033823, 2006 BCCA 343, dated July 17, 2006, heard on November 8, 2007, is dismissed. Dismissed |
|
| 2007-11-23 | Transcript received, (67 pages) | |
| 2007-11-08 | Judgment reserved OR rendered with reasons to follow | |
| 2007-11-08 | Respondent's condensed book, submitted in Court (14 copies) | Jill Marie McIvor |
| 2007-11-08 | Intervener's condensed book, submitted in Court (14 copies) | Attorney General of Nova Scotia |
| 2007-11-08 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2007-11-08 |
Hearing of the appeal, 2007-11-08, CJ Ba Bi F Abe Cha Ro Judgment reserved |
|
| 2007-11-07 | Appellant's condensed book, submitted in Court (14 copies) | Her Majesty the Queen |
| 2007-10-26 | Notice of appearance, Donald J. McKay & Michael D. Smith will be present at the hearing | Jill Marie McIvor |
| 2007-10-25 | Notice of appearance, Howard Robin, Q.C. will be present at the hearing | Trial Lawyers Association of British Columbia |
| 2007-10-22 | Supplemental document, (Appellant's Authorities on Reply factum), Completed on: 2007-10-22 | Her Majesty the Queen |
| 2007-10-22 | Reply factum on appeal, (Rule 29 (4)) - CD rec'd Oct. 23/07), Completed on: 2007-10-25 | Her Majesty the Queen |
| 2007-10-18 | Notice of appearance, Daniel MacRury and Kenneth Haley will be present at the hearing. | Attorney General of Nova Scotia |
| 2007-10-09 | Order on motion to strike out, (BY THE CHIEF JUSTICE) | |
| 2007-10-09 |
Decision on motion to strike out, UPON APPLICATION by the appellant for an order quashing or expunging certain portions of the respondent’s factum or in the alternative, adjourning the above mentioned appeal scheduled for Thursday, November 8, 2007; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion for an order quashing or expunging certain portions of the respondent’s factum is dismissed. 2) The motion to adjourn the appeal is dismissed. 3) The applicant shall file a factum in accordance with subrules 29(4) and 35(4) of the Rules of this Court within two weeks of the date of this order. Allowed in part |
|
| 2007-10-03 | Notice of appearance, Joyce DeWitt-Van Oosten will be present at the hearing. | Her Majesty the Queen |
| 2007-10-03 | Submission of motion to strike out, CJ | |
| 2007-09-24 | Response to motion to strike out, (service missing), Completed on: 2007-09-24 | Jill Marie McIvor |
| 2007-09-21 | Response to motion to strike out, (Letter Form), Completed on: 2007-09-21 | Trial Lawyers Association of British Columbia |
| 2007-09-14 | Correspondence received from, D. McKay, dated Sept. 14/07, by fax, re: his change of address and Michael Smith is appointed co-counsel | Jill Marie McIvor |
| 2007-09-13 | Motion to strike out, and quash certain portions of the respondent's factum, Completed on: 2007-09-13 | Her Majesty the Queen |
| 2007-09-07 | Correspondence received from, Michael D. Smith dated Aug 22/07 re: will not expunge paragraphs to his factum | Jill Marie McIvor |
| 2007-09-07 |
Order by, Cha, FURTHER TO THE ORDER dated August 17, 2007, in which Charron J. granted leave to intervene to the Trial Lawyers Association of British Columbia; 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 |
|
| 2007-09-07 |
Order by, LeB, FURTHER TO THE ORDER dated June 27, 2007, in which LeBel J. granted leave to intervene to the Attorney General of Nova Scotia; 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 |
|
| 2007-09-06 | Intervener's book of authorities, Completed on: 2007-09-06 | Trial Lawyers Association of British Columbia |
| 2007-09-06 | Intervener's factum, (CD missing - rec'd Sept. 10/07), Completed on: 2007-09-10 | Trial Lawyers Association of British Columbia |
| 2007-08-20 | Correspondence received from, Burke-Robertson dated Aug. 20/07 re: paragraphs to be expunged from the respondent's factum | Her Majesty the Queen |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 | Letter sent to Intervener(s) | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-11-08 Judgment reserved |
|
| 2007-08-17 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2007-08-17 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATION by Trial Lawyers Association of British Columbia for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time and for leave to intervene of the applicant, Trial Lawyers Association of British Columbia, 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 to 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 its intervention. Granted |
|
| 2007-08-17 | Submission of motion for leave to intervene, Cha | |
| 2007-08-14 | Intervener's book of authorities, Completed on: 2007-08-14 | Attorney General of Nova Scotia |
| 2007-08-14 | Intervener's factum, Completed on: 2007-08-14 | Attorney General of Nova Scotia |
| 2007-08-01 | Order on motion to extend time | |
| 2007-08-01 |
Decision on motion to extend time, Ba, to serve and file the respondent's factum and book of authorities to August 1/07 and to present oral argument at the hearing of the appeal Granted |
|
| 2007-08-01 | Submission of motion to extend time, Ba | |
| 2007-08-01 | Response to motion to extend time, e-mail from Burke-Robertson dated August 1/07, Completed on: 2007-08-01 | Her Majesty the Queen |
| 2007-07-31 | Respondent's book of authorities, Completed on: 2007-07-31 | Jill Marie McIvor |
| 2007-07-31 | Respondent's factum, Completed on: 2007-07-31 | Jill Marie McIvor |
| 2007-07-31 | Motion to extend time, AMENDED to file the respondent's factum and authorities to August 1/07 and to present oral argument, Completed on: 2007-07-31 | Jill Marie McIvor |
| 2007-07-25 | Response to the motion for leave to intervene, e-mail from Burke-Robertson dated July 25/07 (by Trial Lawyers Ass.), Completed on: 2007-07-25 | Her Majesty the Queen |
| 2007-07-25 | Response to motion to extend time, e-mail from Burke-Robertson dated July 25/07, Completed on: 2007-07-25 | Her Majesty the Queen |
| 2007-07-23 | Response to motion to extend time, (Letter Form), from H. S. Brown dated July 20, 2007 (fax copy), Completed on: 2007-07-23 | Attorney General of Nova Scotia |
| 2007-07-19 | Motion to extend time, to file the factum and authorities to July 26, 2007 and to present oral argument (see AMENDED motion filed July 31/07), Completed on: 2007-07-19 | Jill Marie McIvor |
| 2007-07-17 | Motion for leave to intervene, (joint with extension and oral submissions), Completed on: 2007-07-17 | Trial Lawyers Association of British Columbia |
| 2007-07-09 | Appeal perfected for hearing | |
| 2007-07-03 | General proceeding, (notice of change of agent)(from McLaren Corlett to Gowlings) | Attorney General of Nova Scotia |
| 2007-06-27 | Letter sent to Intervener(s) | |
| 2007-06-27 | Order on motion for leave to intervene | |
| 2007-06-27 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, Attorney General of Nova Scotia, 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 to 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 its intervention. Granted |
|
| 2007-06-27 | Submission of motion for leave to intervene, LeB | |
| 2007-06-12 | Response to the motion for leave to intervene, (Letter Form), appellant does not oppose the intervention of AGNS, Completed on: 2007-06-12 | Her Majesty the Queen |
| 2007-06-11 | Motion for leave to intervene, Completed on: 2007-06-11 | Attorney General of Nova Scotia |
| 2007-05-14 | Appellant's record, Completed on: 2007-05-28 | Her Majesty the Queen |
| 2007-05-14 | Appellant's book of authorities, Completed on: 2007-05-14 | Her Majesty the Queen |
| 2007-05-14 | Appellant's factum, Completed on: 2007-05-14 | Her Majesty the Queen |
| 2007-02-26 | Notice of appeal, Completed on: 2007-02-26 | Her Majesty the Queen |
| 2007-02-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-01-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-01-26 | Judgment on leave sent to the parties | |
| 2007-01-25 |
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 CA033823, 2006 BCCA 343, dated July 17, 2006, is granted. Granted |
|
| 2006-12-11 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-11-06 | Applicant's reply to respondent's argument, Completed on: 2006-11-06 | Her Majesty the Queen |
| 2006-10-27 | Respondent's response on the application for leave to appeal, Completed on: 2006-10-27 | Jill Marie McIvor |
| 2006-10-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-27 | Application for leave to appeal, Completed on: 2006-09-27 | 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 |
|---|---|---|
| McIvor, Jill Marie | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Nova Scotia | Intervener | Active |
| Trial Lawyers Association of British Columbia | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-0284
FAX: (250) 387-4262
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: McIvor, Jill Marie
Counsel
Michael D. Smith
1529 Amelia St.
Victoria, British Columbia
V8W 1G2
Telephone: (250) 381-2616
FAX: (250) 381-2655
Email: admin@donaldjmckay.com
Agent
9th Floor, 190 O'Connor Sstreet
Ottawa, Ontario
K2P 2R3
Telephone: (613) 230-5787
FAX: (613) 230-8563
Party: Attorney General of Nova Scotia
Counsel
Kenneth C. Haley, Q.C.
1505 Barrington Street
Suite 1225, Maritime Centre
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6795
FAX: (902) 424-4484
Email: macrurda@gov.ns.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: Trial Lawyers Association of British Columbia
Counsel
405 East Fourth Street
North Vancouver, British Columbia
V7L 1J4
Telephone: (604) 984-2030
FAX: (604) 988-0068
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
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 and Penal Law - Evidence - Proof of breach of conditional sentence - Whether a report from a conditional sentence supervisor supports a finding of a breach of a conditional sentence if it does not contain a signed witness statement from a persons with first-hand knowledge of the circumstances said to constitute the breach - Whether the appellate law is in conflict with respect to the nature of the evidence required to support a finding of a breach of a conditional sentence.
At a hearing to determine whether the applicant had breached conditions of a conditional sentence, the Crown called no witnesses and relied on a report written by the applicant’s sentence supervisor. The factual allegations underlying the Crown’s claim that the applicant had breached her conditional sentence were set out in a Report to Crown Counsel attached to the supervisor’s report. The Report to Crown Counsel was prepared by a constable who had no direct knowledge of any material facts. He summarized the evidence of witnesses. No signed witness statement was included in either the Report to Crown Counsel or the supervisor’s report.
Lower court rulings
Provincial Court of British Columbia
130731-1,131123-1-T,131131-1-T
Respondent held in breach of conditional sentence and committed into custody
Court of Appeal for British Columbia (Vancouver)
CA033823, 2006BCCA 343
Appeal allowed; conditional sentence restored
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