Case information
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35689
William Jacob Mastop v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-04-07 | Close file on Leave | |
| 2014-04-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-04-04 | Judgment on leave sent to the parties | |
| 2014-04-03 |
Judgment of the Court on the application for leave to appeal, The ancillary motion is granted. The publication and distribution of any material that refers to the names of three incarcerated individuals shall be restricted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040852, 2013 BCCA 494, dated November 18, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-04-03 |
Decision on motion to seal, LeB Ka Wa Granted |
|
| 2014-03-10 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2014-03-10 | Submission of motion to seal, LeB Ka Wa | |
| 2014-03-07 | Response to motion to seal, (Letter Form), The Applicant consents to the order the Crown is seeking , Completed on: 2014-03-07 | William Jacob Mastop |
| 2014-02-26 | Motion to seal, (Letter Form), Request to Redact the names of three incarcerated individuals and Banning the publication of their names. , Completed on: 2014-02-26 | Her Majesty the Queen |
| 2014-02-17 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2014-02-17, (Printed version filed on 2014-02-17) | William Jacob Mastop |
| 2014-02-10 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2014-02-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-02-10 | Her Majesty the Queen |
| 2014-01-16 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2014-01-16 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal), (Electronic version filed on 2014-01-17) | William Jacob Mastop |
| 2014-01-16 | Book of authorities, (Book Form) | William Jacob Mastop |
| 2014-01-16 |
Application for leave to appeal, (Book Form), 2 volumes, service to come (rec'd 01-20-2014), C/A order missing (rec'd 01-20-2014) Note: On Feb.26, 2014 Counsel for the Respondent filed two redacted copies of the Leave Application., Completed on: 2014-01-20, (Electronic version filed on 2014-01-17) |
William Jacob Mastop |
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 |
|---|---|---|
| Mastop, William Jacob | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Mastop, William Jacob
Counsel
Emilie E.A. LeDuc
700 - 375 Water Street
Vancouver, British Columbia
V6B 5N3
Telephone: (604) 687-7700
FAX: (604) 687-5596
Email: dcrossin@smrlaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mike.brundrett@gov.bc.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 — Sentencing — Considerations — Applicant pleaded guilty to participating in or contributing to the activities of a criminal organization, contrary to s. 467.11 of the Criminal Code — Sentence appeal allowed and period of imprisonment increased — Whether the Court of Appeal erred by holding that a sentencing judge, when proceeding pursuant to Part XXIII of the Criminal Code, is prohibited from considering a lack of actual or proven consequences arising from the criminal conduct as a mitigating factor in assessing the gravity of the offence or the moral blameworthiness of the offender.
The applicant pleaded guilty to participating in or contributing to the activities of a criminal organization, contrary to s. 467.11 of the Criminal Code. He was sentenced to one year in prison. The Crown appeal was allowed. The period of imprisonment was increased from one year to two and one half years.
Lower court rulings
Supreme Court of British Columbia
25279, 2013 BCSC 738
Sentence imposed: one year imprisonment
Court of Appeal for British Columbia (Vancouver)
CA040852, 2013 BCCA 494
Leave to appeal sentence granted; Appeal from sentence allowed and period of imprisonment increased to 2 ½ years
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