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.
32087
Hugo Rojas v. Her Majesty the Queen
(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) |
|---|---|---|
| 2009-04-06 | Record returned to the Registrar of the Court of Appeal | |
| 2008-11-06 | Appeal closed | |
| 2008-10-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-10-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-10-24 |
Judgment on the appeal rendered, CJ Bi LeB De F Cha Ro, The appeals from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA030999 and CA031030, 2006 BCCA 193, dated April 12, 2007, heard on April 22, 2008, are dismissed. Dismissed |
|
| 2008-05-08 | Transcript received, (116 pages) | |
| 2008-04-30 | Appeal court record, (1 box including trial court transcripts - joint with 32080) | |
| 2008-04-22 | Judgment reserved OR rendered with reasons to follow | |
| 2008-04-22 | Respondent's condensed book, Submitted in Court (14 copies) Joint with 32080 | Her Majesty the Queen |
| 2008-04-22 | Appellant's condensed book, Submitted in Court (14 copies) | Hugo Rojas |
| 2008-04-22 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2008-04-22 |
Hearing of the appeal, 2008-04-22, CJ Bi LeB De F Cha Ro Judgment reserved |
|
| 2008-04-14 | Notice of appearance, Ursula Botz will be present at the hearing. | Her Majesty the Queen |
| 2008-04-07 | Appeal perfected for hearing | |
| 2008-04-03 | Respondent's book of authorities, Joint with 32080, Completed on: 2008-04-03 | Her Majesty the Queen |
| 2008-04-03 | Respondent's record, Joint with 32080, Completed on: 2008-04-03 | Her Majesty the Queen |
| 2008-04-03 | Respondent's factum, Joint with 32080, Completed on: 2008-04-03 | Her Majesty the Queen |
| 2008-04-03 | Notice of appearance, Matthew Nathanson and Andrew Nathanson will be present at the hearing. | Hugo Rojas |
| 2008-03-05 | Order on motion to extend time | |
| 2008-03-05 |
Decision on motion to extend time, to serve and file the appellant's factum and book of authorities to Feb. 29/08, Reg Granted |
|
| 2008-03-05 | Submission of motion to extend time, Reg | |
| 2008-02-29 | Response to motion to extend time, (Letter Form), (consent), Completed on: 2008-02-29 | Her Majesty the Queen |
| 2008-02-29 | Motion to extend time, (to serve and file factum and Auth. of the appellant to Feb. 29/08), Completed on: 2008-02-29 | Hugo Rojas |
| 2008-02-29 | Appellant's book of authorities, (ext. of time filed), Completed on: 2008-02-29 | Hugo Rojas |
| 2008-02-29 | Appellant's factum, ext. of time filed, Completed on: 2008-02-29 | Hugo Rojas |
| 2008-02-28 | Notice of hearing sent to parties | |
| 2008-02-28 |
Appeal hearing scheduled, 2008-04-22 Judgment reserved |
|
| 2007-11-22 | Appellant's record, (Vol. I to IV joint with 32080), Completed on: 2007-11-22 | Hugo Rojas |
| 2007-11-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-11-19 | Correspondence received, Burke-Robertson by email re: Ms. Ursula Botz will be representing the Respondent instead of Bruce Johnstone | |
| 2007-11-08 | Notice of appeal, Completed on: 2007-11-08 | Hugo Rojas |
| 2007-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-10-26 | Judgment on leave sent to the parties | |
| 2007-10-25 |
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 CA031030, 2006 BCCA 193, dated April 12, 2007, is granted. This appeal is to be heard with R. v. Illes (31954) on March 28, 2008. Granted |
|
| 2007-08-13 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2007-07-11 | Respondent's response on the application for leave to appeal, Joint with 32080. Response to both applications., Completed on: 2007-07-11 | Her Majesty the Queen |
| 2007-06-13 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-06-12 | Correspondence received from, Gowlings dated June 11, 2007 RE: requesting this application be processed at the same time as 32080. | Hugo Rojas |
| 2007-06-11 | Application for leave to appeal, C/A reasons and other documents included in file number 32080, Completed on: 2007-06-11 | Hugo Rojas |
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 |
|---|---|---|
| Rojas, Hugo | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Rojas, Hugo
Counsel
Andrew I. Nathanson
1350 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 684-0778
FAX: (604) 684-0799
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
Bruce Johnstone
865 Hornby Street, 8th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: ursula.botz@gov.bc.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 - Charge to jury - Evidence - Hearsay - Whether juries should be instructed that incriminating statements made by an accused are likely to be true but that exculpatory statements do not necessarily carry the same persuasive weight - Whether trial judge improperly instructed jury that the credibility and reliability of an accomplice’s testimony against one accused could be bolstered by evidence that was admissible only against a co-accused.
The Appellants were charged with murder and the Crown’s case depended on an accomplice’s testimony that he heard the Appellants make inculpatory statements. Exculpatory hearsay statements made by Miguel Rojas also were entered into evidence. The trial judge instructed the jury that inculpatory statements are likely to be true, otherwise why say them, but exculpatory statements do not necessarily carry the same weight. The trial judge also warned the jury against relying on the accomplice’s testimony. When discussing evidence that would support or undermine the accomplice’s testimony, the trial judge listed evidence admissible only against Hugo Rojas. The Appellants were convicted of second degree murder. On appeal, the appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
20703
see file
Court of Appeal for British Columbia (Vancouver)
CA031030, 2006 BCCA 193
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.
Downloadable PDFs
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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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