Case information
Consult our database for details on a Supreme Court of Canada case.
39646
Allan Winfield Potter v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-10-08 | Close file on Leave | |
| 2021-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-09-29 | Judgment on leave sent to the parties | |
| 2021-09-29 |
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 of Newfoundland and Labrador, Number 201901H0034, 2021 NLCA 11, dated February 11, 2021, is dismissed. Dismissed |
|
| 2021-08-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-06-10 | Certificate (on limitations to public access), (Letter Form), 23B-Reply, (Printed version due on 2021-06-17) | Allan Winfield Potter |
| 2021-06-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-08-06, (Printed version filed on 2021-06-11) | Allan Winfield Potter |
| 2021-05-31 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-06-07) | Her Majesty the Queen |
| 2021-05-31 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-06-07) | Her Majesty the Queen |
| 2021-05-31 | Respondent's response on the application for leave to appeal, (Book Form), require: amended cover pages (rec'd 2021-06-29), Completed on: 2021-08-06, (Printed version filed on 2021-06-01) | Her Majesty the Queen |
| 2021-05-13 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2021-05-13 | |
| 2021-04-12 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-04-15) | Allan Winfield Potter |
| 2021-04-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-04-15) | Allan Winfield Potter |
| 2021-04-12 |
Application for leave to appeal, (Book Form), Missing: -CA Order (rec'd 2021-05-17) -Filing Fee (rec'd 2021-05-25), Completed on: 2021-08-06, (Printed version filed on 2021-04-15) |
Allan Winfield Potter |
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 |
|---|---|---|
| Potter, Allan Winfield | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Potter, Allan Winfield
Counsel
Eugene Meehan, Q.C.
Cory Giordano
Buckingham Professional Centre
81 Bond St.
St. John's, Newfoundland & Labrador
A1C 1T2
Telephone: (709) 739-6688
FAX: (709) 739-6686
Email: bob@buckinghamlaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Atlantic Place
P.O. Box 8700, Stn. A
St.John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2897
FAX: (709) 729-0716
Email: sheldonsteeves@gov.nl.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Offences — Elements of offence — What is the meaning of “planned and deliberate” in s. 231(2) of the Criminal Code — When can a convicted person raise issues related to ineffective legal representation/incompetence of counsel on appeal.
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.
(PUBLICATION BAN IN CASE)
After the trial judge dismissed the application for a directed verdict, Mr. Potter testified, admitting that he had stabbed Mr. Porter but claiming he had acted in self defence. Following a trial by jury, the applicant, was convicted of first degree murder in the death of Mr. Porter. The conviction appeal was dismissed.
Lower court rulings
Supreme Court of Newfoundland and Labrador, General Division
201801G2025, 2019 NLSC 8
See file.
Supreme Court of Newfoundland and Labrador, General Division
201801G2025, 2019 NLSC 50
Applicant’s motion for the judge to direct a verdict of acquittal on the first degree murder charge dismissed
Court of Appeal of Newfoundland and Labrador
201901H0034, 2021 NLCA 11
Conviction 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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