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.
33204
Vancouver Sun v. Her Majesty the Queen, et al.
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-10-27 | Close file on Leave | |
| 2009-10-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-10-23 | Judgment on leave sent to the parties | |
| 2009-10-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of British Columbia, Number 24922, dated April 9, 2009, is dismissed. Dismissed |
|
| 2009-08-17 | All materials on application for leave submitted to the Judges, CJ Abe Ro | |
| 2009-07-23 | Correspondence received from, Ian Donaldson, Q.C. dated July 22/09 in response to Mr. Anderson's letter of July 10/09 | Matthew Johnston |
| 2009-07-21 | Affidavit, of service of the respondent's response | Her Majesty the Queen |
| 2009-07-20 | Applicant's reply to respondent's argument, Completed on: 2009-07-20 | Vancouver Sun |
| 2009-07-16 | Correspondence received from, Mary T. Ainslie dated July 15/09 re: acting on behalf of the Crown in place of Andrew M. MacDonald | Her Majesty the Queen |
| 2009-07-13 | Correspondence received from, R. S. Anderson, Q.C. dated July 10/09 re: in response to K. S. Westlake's letter of June 25/09 (by fax) | Vancouver Sun |
| 2009-07-10 | Correspondence received from, K. S. Westlake, Q.C. re: copy of the letter dated July 10/09 sent to R. Anderson enclosing a copy of his letter dated June 25/09 (by fax) | James Bacon |
| 2009-07-10 | Correspondence received from, R. S. Anderson, Q.C. dated July 10/09 re: in response to I. Donaldson's letter of June 24/09 and to expedite the leave application (by fax) | Vancouver Sun |
| 2009-07-10 | Respondent's response on the application for leave to appeal, Completed on: 2009-07-21 | Her Majesty the Queen |
| 2009-06-30 | Respondent's response on the application for leave to appeal, (Letter Form), From David Butcher dated June 30, 2009. Re: Will not be filing a response, Completed on: 2009-06-30 | Cody Haevischer |
| 2009-06-26 | Correspondence received from, (Letter Form), Ken Westlake by fax dated June 25-09, Re:client is awaiting approval from Legal Aid | James Bacon |
| 2009-06-24 | Correspondence received from, I. Donaldson, Q.C. dated June 24/09 re: awaiting approval from the Legal Services Society of B.C. and request that he be permitted to file a response (by fax) | Matthew Johnston |
| 2009-06-22 | Respondent's response on the application for leave to appeal, (Letter Form), by fax dated June 22-09 from Michael A. Feder advising that client will not respond at the leave stage., Completed on: 2009-06-22 | Dennis Karbovanec |
| 2009-06-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-06-08 | Application for leave to appeal, (Order for Ban on Publication rec'd June 19-09), Completed on: 2009-06-08 | Vancouver Sun |
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 |
|---|---|---|
| Vancouver Sun | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Karbovanec, Dennis | Respondent | Active |
| Haevischer, Cody | Respondent | Active |
| Johnston, Matthew | Respondent | Active |
| Bacon, James | Respondent | Active |
Counsel
Party: Vancouver Sun
Counsel
Ludmila B. Herbst
2500 - 700 West Georgia Street
Box 10026
Vancouver, British Columbia
V7Y 1B3
Telephone: (604) 684-9151
FAX: (604) 661-9349
Email: randerson@farris.com
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: Her Majesty the Queen
Counsel
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mary.ainslie@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Karbovanec, Dennis
Counsel
1300 - 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-7903
FAX: (604) 643-7900
Email: ldoust@mccarthy.ca
Party: Haevischer, Cody
Counsel
400 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 684-4751
FAX: (604) 684-8319
Party: Johnston, Matthew
Counsel
490 - 1090 Homer Street
Vancouver, British Columbia
V6B 2W9
Telephone: (604) 681-5232
FAX: (604) 681-1331
Party: Bacon, James
Counsel
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 687-9831
FAX: (604) 687-7089
Email: kenwestlake@telus.net
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 - Publication bans - Murder - One of several co-accused pleading guilty - Whether, in all the circumstances, the trial judge erred in not applying the Dagenais/Mentuck test to the Crown’s application for a common law publication ban, in granting the publication ban and in granting a sealing order in respect of certain documents.
Respondent Karbovanec pleaded guilty to three counts of second degree murder and to conspiracy to commit murder in connection with the “Surrey Six” gang-related murders that occurred in October 2007. Respondents Bacon, Johnston and Haevischer have yet to stand trial.
Lower court rulings
Supreme Court of British Columbia
24922
Publication Ban ordered, certain documents ordered sealed
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