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.
39299
Peter Gerard Coffey 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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2020-12-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-12-24 | Judgment on leave sent to the parties | |
| 2020-12-23 |
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 CA45765, 2020 BCCA 195, dated June 22, 2020, is dismissed. Dismissed |
|
| 2020-11-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-10-09 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2020-10-09) | Her Majesty the Queen |
| 2020-10-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-09, (Printed version filed on 2020-10-09) | Her Majesty the Queen |
| 2020-08-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2020/08/26 | |
| 2020-07-15 | Certificate (on limitations to public access), (Letter Form), required: proof of service, amended 23A (both rec'd 2020/08/18) | Peter Gerard Coffey |
| 2020-07-15 | Notice of name, (Letter Form), required: proof of service (rec'd 2020/08/18) | Peter Gerard Coffey |
| 2020-07-15 |
Application for leave to appeal, (Book Form), required: -amended electronic copy of application for leave to appeal (rec'd 2020/08/04) -amended style of cause (rec'd 2020/08/04) -amended 23A (rec'd 2020/08/18) -proof of service (rec'd 2020/08/18) -court of appeal order (rec'd 2020/09/25) received from applicant's counsel: -CA Judgment submitted July 15 as a separate electronic document (not included in complete Application for Leave to Appeal) (rec'd 2020/07/15), Completed on: 2020-09-25 |
Peter Gerard Coffey |
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 |
|---|---|---|
| Coffey, Peter Gerard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Coffey, Peter Gerard
Counsel
201-2622 Montrose Avenue
Abbotsford, British Columbia
V2S 3T6
Telephone: (604) 744-1066
FAX: (604) 744-1065
Email: cterepocki@gstlegal.ca
Party: Her Majesty the Queen
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-8168
FAX: (604) 666-1599
Email: maggie.loda@ppsc-sppc.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law — Sentencing — Considerations — Aboriginal offender — Whether the Court of Appeal erred when it held that the sentencing judge adequately considered Gladue principles —Whether the Court of Appeal erred when it held that the sentencing judge properly considered the gravity of the offence.
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.
The RCMP executed a search warrant on a seven acre rural property in British Columbia that was occupied by the applicant and others. A large, well established and sophisticated commercial marihuana grow operation was discovered on the property of approximately 4,200 marihuana plants in various stages of growth. Three individuals associated with the property held licences to grow marihuana for personal medical use. Together, those licences only covered about 530 550 plants. The applicant had been part of a group seeking to obtain a lawful production licence, but that application was rejected in 2014. A document authored by the applicant and seized during the search reflected a harvest of 44.5 pounds of marihuana that was sold for $93,600. The applicant was convicted of producing, and possessing marihuana for the purpose of trafficking. The applicant was sentenced to 12 months’ imprisonment. His sentence appeal was dismissed.
Lower court rulings
Provincial Court of British Columbia
2017 BCPC 449 ;, 84711-1 ;
Conviction entered: production and possession of marihuana for the purpose of trafficking
Provincial Court of British Columbia
2018 BCPC 386 ;, 84711-1 ;
Sentence imposed: 12 months’ imprisonment
Court of Appeal for British Columbia (Vancouver)
2020 BCCA 195 ;, CA45765 ;
Sentence 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
Not available