Case information
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31795
Beau Jake Stirling v. Her Majesty the Queen
(British Columbia) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-03-17 | Appeal closed | |
| 2008-03-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-03-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-03-14 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA33331, 2007 BCCA 4, dated January 2, 2007, heard on December 10, 2007, is dismissed. Dismissed |
|
| 2007-12-27 | Transcript received, (44 pages) | |
| 2007-12-10 | Judgment reserved OR rendered with reasons to follow | |
| 2007-12-10 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2007-12-10 | Appellant's condensed book, Submitted in Court (14 copies) | Beau Jake Stirling |
| 2007-12-10 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-12-10 |
Hearing of the appeal, 2007-12-10, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-11-28 | Notice of appearance, Terrence Robertson and Mandeep Gill will be present at the hearing. | Her Majesty the Queen |
| 2007-11-22 | Notice of appearance, John Green will be present at the hearing. | Beau Jake Stirling |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-07-12 | Respondent's book of authorities, Completed on: 2007-07-12 | Her Majesty the Queen |
| 2007-07-12 | Respondent's record, Completed on: 2007-07-12 | Her Majesty the Queen |
| 2007-07-12 | Respondent's factum, Completed on: 2007-07-12 | Her Majesty the Queen |
| 2007-07-04 | Order on motion to strike out, (BY BINNIE J.) | |
| 2007-07-04 |
Decision on motion to strike out, Bi, UPON MOTION by the respondent for an order expunging paragraphs 26 through 31 and 57 through 59 of the factum of the appellant; extending the time to serve and file its factum, record (if any) and book of authorities to 10 days following the decision on this motion; and permitting the respondent to present oral argument at the hearing of the appeal; AND THE MATERIAL FILED having been read; AND IT APPEARING that the appellant consents to be removal of paragraphs 57 through 59 of his factum; IT IS HEREBY ORDERED THAT: 1) The motion is granted in part. 2) The motion to expunge paragraphs 26 through 31 from the appellant's factum is dismissed. 3) An extension of time is granted to the respondent to serve and file its factum, record (if any) and book of authorities 10 days from this order. 4) The respondent is permitted to present oral argument at the hearing of the appeal. Allowed in part |
|
| 2007-07-04 | Submission of motion to strike out, Bi | |
| 2007-06-13 | Reply to motion to strike out, e-mail from Burke-Robertson dated June 13/07 re: does not intend to reply, Completed on: 2007-06-13 | Her Majesty the Queen |
| 2007-06-08 | Response to motion to strike out, the appellant oppose the motion strike and consent to ext. of time and oral arguments, Completed on: 2007-06-08 | Beau Jake Stirling |
| 2007-06-07 | Appeal perfected for hearing | |
| 2007-05-31 | Motion to strike out, (expunging) paragraphs 26 through 31 of the factum of the appellant (joint with a motion to extend time to file the respondent's factum), Completed on: 2007-05-31 | Her Majesty the Queen |
| 2007-04-23 | Order on motion to extend time | |
| 2007-04-23 |
Decision on motion to extend time, to serve and file the appellant's factum and book of authorities to Apr. 12/07, Reg Granted |
|
| 2007-04-23 | Submission of motion to extend time, Reg | |
| 2007-04-20 | Response to motion to extend time, e-mail from Burke-Robertson dated Apr. 20/07, Completed on: 2007-04-20 | Her Majesty the Queen |
| 2007-04-17 | Motion to extend time, to serve and file the factum and book of authorities to April 12/07, Completed on: 2007-04-17 | Beau Jake Stirling |
| 2007-04-12 | Appellant's book of authorities, Motion for ext. ot time requested - rec'd April 17/07, Completed on: 2007-04-17 | Beau Jake Stirling |
| 2007-04-12 | Appellant's factum, Motion ext. ot time requested - rec'd April 17/07 - par. 57 to 59 was removed pursuant to the order of Binnie J. dated July 4/07 per J. Laniel - new CD to follow (rec'd July 31/07), Completed on: 2007-04-17 | Beau Jake Stirling |
| 2007-04-10 |
Appeal hearing scheduled, 2007-12-10, Previously Oct. 12 and 19, 2007 Judgment reserved |
|
| 2007-03-30 | Appellant's record, Completed on: 2007-03-30 | Beau Jake Stirling |
| 2007-02-01 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2007-01-08 | Notice of appeal, Completed on: 2007-01-08 | Beau Jake Stirling |
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 |
|---|---|---|
| Stirling, Beau Jake | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Stirling, Beau Jake
Counsel
1161 Fort Street
Victoria, British Columbia
V8V 3K9
Telephone: (250) 361-9600
FAX: (250) 361-9181
Email: johngreen@greenhelme.com
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
Mandeep K. Gill
3200 - 650 West Georgia Street
Vancouver, British Columbia
V6B 4P7
Telephone: (604) 895-2835
FAX: (604) 669-9385
Email: trobertson@harpergrey.com
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.
Criminal Law - Criminal negligence causing death - Criminal negligence causing bodily harm - Assessing credibility - Prior consistent statements - Whether the trial judge, when assessing the credibility of the witness, erred in law by using the witness’s prior consistent statements in assessing his credibility generally and to confirm the truth of his in-court testimony.
On the morning of July 16, 2003, Beau Jake Stirling, Travis Bateman, Kenneth Hamilton and Adrian Harding were involved in a single-vehicle accident in a suburb of Victoria, B.C. The car was travelling between 115-140 km/h and was entering a bend in the road when the tires lost traction and began to slip sideways. The right side of the vehicle struck a cement utility pole, resulting in the death of the two passengers on that side of the vehicle. Harding and Stirling survived but were seriously injured. Stirling was the registered owner of the car, but denied being the driver of the vehicle at the time of the accident.
Stirling was convicted of two counts of criminal negligence causing death and one count of criminal negligence causing bodily harm. On appeal, the majority of the Court of Appeal dismissed the appeal. Levine J.A., dissenting, would have allowed the appeal, set aside the trial judge’s verdict, and ordered a new trial on the basis that the trial judge made a critical error by using Harding’s prior consistent statements to assess his credibility and to confirm his in-court testimony and that this error undermined the result of the trial.
Lower court rulings
Provincial Court of British Columbia
10316-1
See file
Court of Appeal for British Columbia (Victoria)
CA33331
See file
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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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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