Case information
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37147
Orville John Gustavson v. The Warden, Mission Institution
(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) |
|---|---|---|
| 2017-04-28 | Close file on Leave | |
| 2017-04-28 | Reconsideration not accepted for filing, - Letter signed by the Registrar on April 28, 2017. | |
| 2017-03-10 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2017-01-31 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2017-01-31 | Motion for reconsideration of the application for leave to appeal, (Book Form), (proof of service missing - received March 10, 2017), Completed on: 2017-03-10 | Orville John Gustavson |
| 2017-01-17 | Correspondence received from, (Letter Form), Orville John Gustavson (by mail). The applicant intend to file a motion for reconsideration. | Orville John Gustavson |
| 2016-12-15 | Correspondence (sent by the Court) to, Orville John Gustavson. Letter from the registrar explaning that the documents received after the judgment on leave was rendered cannot be accepted for filing. | |
| 2016-12-08 | Correspondence received from, (Letter Form), Orville John Gustavson (by mail). Copy of a letter sent to Mark E.W. East (Counsel for the respondent). | Orville John Gustavson |
| 2016-11-23 | Motion to extend time, (Letter Form), (Included in the notice of miscellaneous motion), to file and serve the reply. , Completed on: 2016-11-23 | Orville John Gustavson |
| 2016-11-23 | Notice of miscellaneous motion, (Letter Form), Pursuant to rule 32., Completed on: 2016-11-23 | Orville John Gustavson |
| 2016-11-23 | Correspondence received from, Orville John Gustavson (by mail). Cover letter filed with a motion for extension of time and motion pursuant to rule 32. | Orville John Gustavson |
| 2016-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-18 | Judgment on leave sent to the parties | |
| 2016-11-17 |
Judgment of the Court on the application for leave to appeal, The motion to appoint counsel is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA41456, 2016 BCCA 40, dated January 19, 2016, is dismissed. Dismissed |
|
| 2016-11-17 |
Decision on the motion to appoint counsel, See judgment on application. Dismissed |
|
| 2016-10-24 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-10-24 | Submission of motion to appoint counsel, CJ Wa Ga | |
| 2016-10-24 | Submission of motion to extend time to file and/ or serve the leave application, CJ Wa Ga | |
| 2016-10-21 | Correspondence received from, Orville John Gustavson. Cover letter of a new set of documents. | Orville John Gustavson |
| 2016-10-21 | Supplemental document, (Book Form), New set of authorities. | Orville John Gustavson |
| 2016-10-21 | Supplemental document, (Book Form), new set of authorities. | Orville John Gustavson |
| 2016-10-21 | Applicant's reply to respondent's argument, (Letter Form), Late, motion for extension of time required. , Incomplete | Orville John Gustavson |
| 2016-10-21 | Affidavit, (Letter Form), in support of the motion for the appointment of Counsel. | Orville John Gustavson |
| 2016-10-21 | Affidavit, (Letter Form), in support of the motion for the appointment of Counsel. | Orville John Gustavson |
| 2016-10-03 | Correspondence received from, Orville John Gustavson. Copy of a letter sent to the respondent counsel | Orville John Gustavson |
| 2016-09-19 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-09-19) | The Warden, Mission Institution |
| 2016-09-19 | Respondent's response on the application for leave to appeal, (Letter Form), Proof of service missing. Received 2016-09-20., Completed on: 2016-09-19, (Electronic version filed on 2016-09-19) | The Warden, Mission Institution |
| 2016-08-23 | Letter advising parties of an incomplete application for leave to appeal, Final Court of Appeal Order. File opened 2016-08-23. | |
| 2016-07-11 | Affidavit, (Letter Form), applicant swear that all evidence and statement are true. | Orville John Gustavson |
| 2016-07-11 | Certificate (on limitations to public access), (Letter Form) | Orville John Gustavson |
| 2016-07-11 | Motion to appoint counsel, (Book Form), new motion received on 2016-10-21 (the document is exactly the same as the first received)., Completed on: 2016-08-22 | Orville John Gustavson |
| 2016-06-09 | Correspondence received from, (Letter Form), fee waiver received. Submitted to the Registrasr 2016-08-23. Granted by the Registrar, 2016-08-24. | Orville John Gustavson |
| 2016-06-09 | Correspondence received from, (Letter Form), applicant re : letter received from ProBono stating they are trying to identify a lawyer to review his matter. | Orville John Gustavson |
| 2016-05-19 | Correspondence received from, (Letter Form), Applicant indicate that he submitted his application Pro Bono Law Ontario on May 5, 2016. | Orville John Gustavson |
| 2016-04-27 | Correspondence received from, (Letter Form), applicant complaining about the mailing service in Mission institution. | Orville John Gustavson |
| 2016-04-20 | Letter requesting further materials; Court file number not assigned, Style of cause, Title need to be fix. Certificate, Memorandum, Fee and CA Order missing. | |
| 2016-03-14 | Correspondence received from, (Letter Form), applicant state he provide the Court with the documents listed in our one page letter of February 15, 2016. | Orville John Gustavson |
| 2016-02-15 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2016-02-09 | Appeal Court record, (Book Form) | |
| 2016-02-09 |
Application for leave to appeal, (Book Form), Fee waiver received. Submitted to the Registrar 2016-08-23. Fee waiver granted by the Registrar, 2016-08-24. Amended application for leave to appeal received on 2016-10-21 with 4 new references at the end., Completed on: 2016-10-26 |
Orville John Gustavson |
| 2016-02-09 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), amended motion received 2016-03-14., Completed on: 2016-02-09 | Orville John Gustavson |
| 2016-02-09 | Notice of application for leave to appeal, (Letter Form), Completed on: 2016-07-20 | Orville John Gustavson |
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 |
|---|---|---|
| Gustavson, Orville John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Warden, Mission Institution | Respondent | Active |
Counsel
Party: Gustavson, Orville John
This party is not represented by counsel.
Party: The Warden, Mission Institution
Counsel
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 658-2823
Email: mark.east@justice.gc.ca
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 – Appeal – Applicant sentenced to an indeterminate term of imprisonment – Whether the applicant’s continued detention is unlawful – Applicant’s application for habeas corpus dismissed – Applicant’s application for leave to appeal to the Court of Appeal dismissed – Whether the lower courts erred.
The applicant remains incarcerated in Mission Institution, a federal penitentiary in British Columbia, pursuant to a warrant dated January 11, 1983 imposing a sentence of an indeterminate period following a finding that he was a dangerous offender. The applicant’s application for habeas corpus was dismissed by the British Columbia Supreme Court. His application for leave to appeal was dismissed by a single judge of the British Columbia Court of Appeal. The applicant’s application to vary the order of the single judge was dismissed by a three-judge panel of the Court of Appeal.
Lower court rulings
Supreme Court of British Columbia
60904-1
Applicant’s application for habeas corpus dismissed
Court of Appeal for British Columbia (Vancouver)
CA41456
Applicant’s application for leave to appeal dismissed
Court of Appeal for British Columbia (Vancouver)
CA41456, 2016 BCCA 40
Applicant’s application to vary the order of Frankel J.A. 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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