Case information

Charter of Rights and Freedoms — Criminal law — Appeals — Whether leave to appeal improperly denied — Whether Inmate Appeal proceedings not properly followed — Elements of offence of uttering threat — Whether fresh evidence ought to have been admitted — Whether Crown witnesses colluded – Whether adequate reasons for conviction were given — Whether ss. 7, 9 or 15 of the Charter or the rule of law or the constitutional right of access to justice were infringed?

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.

Mr. Boast was in prison when he became embroiled in an altercation with a corrections officer about whether his cell lights should be on or off. Two officers witnessed the altercation. Crown counsel led evidence that Mr. Boast said to the officer something akin to “Wait until I get released. I’ll get you in the street”. The officer testified that he perceived the utterance as a threat. The officer asked Mr. Boast if he had made a threat and Mr. Boast replied with something akin to “I don’t know what you’re talking about. I didn’t say anything”. Mr. Boast was convicted of uttering a threat and breach of probation. A summary conviction appeal judge refused to admit fresh evidence and dismissed the appeal. The Court of Appeal denied leave to appeal.