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.
36960
Keith Gregory Wiens 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) |
|---|---|---|
| 2016-08-18 | Close file on Leave | |
| 2016-08-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-08-05 | Judgment on leave sent to the parties | |
| 2016-08-04 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to adduce fresh evidence is dismissed. The motion for an extension of time to serve and file a reply is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA41140, 2016 BCCA 34, dated January 26, 2016, is dismissed. Dismissed |
|
| 2016-08-04 |
Decision on motion to adduce new evidence Dismissed |
|
| 2016-08-04 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-08-03 |
Decision on motion to extend time Granted |
|
| 2016-07-04 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-07-04 | Submission of motion to adduce new evidence, CJ Mo Ga | |
| 2016-07-04 | Submission of motion to extend time, CJ Mo Ga | |
| 2016-07-04 | Submission of motion to extend time to file and/ or serve the leave application, CJ Mo Ga | |
| 2016-06-24 | Response to motion to extend time, (Letter Form), Completed on: 2016-06-24 | Her Majesty the Queen |
| 2016-06-23 | Motion to extend time, (Letter Form), Fee missing., Completed on: 2016-06-23, (Electronic version filed on 2016-06-23) | Keith Gregory Wiens |
| 2016-06-03 | Applicant's reply to respondent's argument, (Letter Form), Electronic version submit to the Crown. Applicant state he been served 2016-05-26 in prison., Completed on: 2016-06-03, (Electronic version filed on 2016-06-03) | Keith Gregory Wiens |
| 2016-05-18 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-05-18 | Her Majesty the Queen |
| 2016-05-18 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-18) | Her Majesty the Queen |
| 2016-05-18 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing. Received 2016-05-20., Completed on: 2016-05-18, (Electronic version filed on 2016-05-18) | Her Majesty the Queen |
| 2016-05-05 | Certificate (on limitations to public access), (Letter Form) | Keith Gregory Wiens |
| 2016-04-19 | Letter advising parties of a complete application for leave to appeal, file opened 2016-04-19. | |
| 2016-04-13 | Correspondence received from, (Letter Form), Mary T. Ainslie, Q.C., counsel for the Respondent submitted a copy of the warrant of committal, reasons for judgment of the Cour of Appeal and order from the Court of Appeal., (Electronic version filed on 2016-04-13) | Her Majesty the Queen |
| 2016-04-11 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-04-08 | Correspondence received from, (Letter Form), applicant re: fresh evidence motion letter dated 2016-03-18. | Keith Gregory Wiens |
| 2016-04-06 | Motion to adduce new evidence, (Book Form), (Included in the application for leave to appeal), Completed on: 2016-04-06 | Keith Gregory Wiens |
| 2016-04-06 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2016-04-06 | Keith Gregory Wiens |
| 2016-04-06 | Application for leave to appeal, (Book Form), Completed on: 2016-04-19 | Keith Gregory Wiens |
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 |
|---|---|---|
| Wiens, Keith Gregory | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Wiens, Keith Gregory
This party is not represented by counsel.
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
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 – Evidence – Expert Evidence – Fresh Evidence – Whether the trial judge allowed expert evidence testimony prior to declaring the witness an expert – Whether the expert witness was portrayed as a forensic pathologist when in fact he was a general pathologist without the proper qualifications to be a forensic pathologist – Whether the Crown mislead the court and jury – Whether the expert witness testified to matters that were well beyond his area of expertise – Whether the trial judge erred in qualifying the Crown’s expert witness – Whether this decision brings the administration of justice into disrepute – Whether the expert witnesses was not qualified – Whether fresh evidence should be admitted.
The applicant called 9-1-1. The police arrived and found the applicant’s common-law wife lying on her back having been shot once in the face. She had large knife in her left hand. The applicant testified at trial that he shot her in self-defence. After a trial by judge and jury, the applicant was convicted of second degree murder. The Court of Appeal dismissed the conviction appeal.
Lower court rulings
Supreme Court of British Columbia
40090-K, 2013 BCSC 1539
Conviction for second degree murder
Court of Appeal for British Columbia (Vancouver)
CA41140, 2016 BCCA 34
Conviction appeal dismissed
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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