Case information
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37313
Cody Alan Legebokoff 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) |
|---|---|---|
| 2017-02-20 | Close file on Leave | |
| 2017-02-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-02-17 | Judgment on leave sent to the parties | |
| 2017-02-16 |
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 CA42557, 2016 BCCA 386, dated September 26, 2016, is dismissed. Dismissed |
|
| 2017-01-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-12-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-12-19 | Cody Alan Legebokoff |
| 2016-12-13 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-13) | Her Majesty the Queen |
| 2016-12-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-12-13, (Electronic version filed on 2016-12-13) | Her Majesty the Queen |
| 2016-11-25 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-11-25 | |
| 2016-11-25 | Certificate (on limitations to public access) | Cody Alan Legebokoff |
| 2016-11-25 | Application for leave to appeal, (Book Form), Completed on: 2016-11-25, (Electronic version filed on 2016-11-25) | Cody Alan Legebokoff |
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 |
|---|---|---|
| Legebokoff, Cody Alan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Legebokoff, Cody Alan
Counsel
Mila Shah
610 - 744 West Hastings
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: egottardi@peckandcompany.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
865 Hornby Street - 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1145
FAX: (604) 660-1133
Email: david.layton@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.
Charter – Criminal law – Appearance of unfairness – Miscarriage of Justice – Right to counsel of choice – Whether a trial judge is under a duty to immediately disclose an opinion critical of defence counsel’s conduct to the accused person.
Mr. Legebokoff was charged with four counts for first degree murder. His defence counsel applied to change the venue of trial. Parrett J. dismissed the application. He did not release his reasons for dismissing the application until after Mr. Legebokoff was convicted. In his reasons dismissing the application, Parrett J. criticizes the manner in which defence counsel conducted the application. Mr. Legebokoff appealed from the convictions and argued that an appearance of trial unfairness arose because Parrett J. failed to express his opinion of defence counsel before trial.
Lower court rulings
Supreme Court of British Columbia
35171, 2014 BCSC 1746
Convictions by jury on four counts of first-degree murder
Court of Appeal for British Columbia (Vancouver)
CA42557, 2016 BCCA 386
Appeal dismissed
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