Case information
Consult our database for details on a Supreme Court of Canada case.
39827
Russell Bidesi v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-01 | Judgment on leave sent to the parties | |
| 2022-09-01 |
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 CA45309, 2021 BCCA 227, dated June 11, 2021, is dismissed. Dismissed |
|
| 2022-08-18 | Certificate (on limitations to public access), (Letter Form), 23B - Motion to Adduce New Evidence | Russell Bidesi |
| 2022-08-18 | Certificate (on limitations to public access), 23A - Motion to Adduce New Evidence | Russell Bidesi |
| 2022-08-18 | Motion to adduce new evidence, (Book Form), MOTION NOT ACCEPTED FOR FILING., Completed on: 2023-10-25 | Russell Bidesi |
| 2022-07-28 | Order on miscellaneous motion, by CHIEF JUSTICE | |
| 2022-07-28 |
Decision on the miscellaneous motion, UPON APPLICATION by the applicant for an order, 1) granting him permission to serve and file an amended notice of application for leave to appeal and a supplementary memorandum of argument; and 2) granting him permission to adduce new evidence; AND UPON APPLICATION by the respondent for an order, 1) extending the time to serve and file their response to the amended application for leave to appeal to July 4, 2022; 2) imposing a publication ban over all fresh evidence, memoranda of argument, and motion materials relating to the applicant’s motion to file an amended application for leave to appeal, in order to protect the identity of and evidence relating to M.N.; 3) banning the applicant from having direct or indirect contact with M.N.; AND NOTING THAT the document titled “Joint Response to Respondent’s Motion for an Extension of Time, a Publication Ban, and a No-Contact Order and Reply to Response to Motion to File a Supplementary Argument and Adduce New Evidence” represents the reply to the respondent’s response to the supplementary memorandum of argument; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The applicant’s motion to serve and file an amended notice of application for leave to appeal and a supplementary memorandum of argument is granted. The applicant’s motion to adduce new evidence is granted. The respondent’s motion for an extension of time to serve and file their response to the amended application for leave to appeal is granted. The respondent’s motions to impose a publication ban and to ban the applicant from having direct or indirect contact with M.N. are granted. A publication ban pursuant to section 486.5(1) of the Criminal Code shall therefore be imposed in this matter and any information that could identify the witness known as M.N. shall not be published in any document or broadcast or transmitted in any way, until further direction by the Court or a judge of the Court. A no-contact order shall be in place and the applicant, Russell Bidesi, shall have no contact, direct or indirect, with the witness known as M.N., until further direction by the Court or a judge of the Court. Granted |
|
| 2022-07-28 | Submission of miscellaneous motion | |
| 2022-07-26 | Certificate (on limitations to public access), (Letter Form), 23B - Reply to the Response to the Miscellaneous Motion , (Printed version due on 2022-08-03) | Her Majesty the Queen |
| 2022-07-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-07-21 | Reply to miscellaneous motion, (Book Form), Missing: Form 23B (rec' 07/26/22), Completed on: 2022-07-26, (Printed version filed on 2022-07-21) | Her Majesty the Queen |
| 2022-07-14 | Certificate (on limitations to public access), (Letter Form), 23B - Joint Response to Respondent's Motion and Reply to Response to Supplementary Memorandum of Argument, (Printed version filed on 2022-07-14) | Russell Bidesi |
| 2022-07-14 | Response to miscellaneous motion, (Book Form), Completed on: 2022-07-19, (Printed version filed on 2022-07-14) | Russell Bidesi |
| 2022-07-14 | Supplemental document, (Included in the response to miscellaneous motion), Reply to Response to Supplementary Memorandum of Argument, (Printed version filed on 2022-07-14) | Russell Bidesi |
| 2022-07-04 | Supplemental document, (Letter Form), Response to Supplementary Memorandum of Argument, (Printed version filed on 2022-07-04) | Her Majesty the Queen |
| 2022-07-04 | Certificate (on limitations to public access), (Letter Form), 23B - Miscellaneous Motion, (Printed version due on 2022-07-11) | Her Majesty the Queen |
| 2022-07-04 |
Notice of miscellaneous motion, (Book Form), (2 volumes), Motion for an Extension of Time, Publication Ban...etc. Amended motion record (previously file on June 2, 2022) in accordance to the letter of direction by the Registrar dated June 14, 2022., Completed on: 2022-07-06, (Printed version filed on 2022-07-04) |
Her Majesty the Queen |
| 2022-06-14 | Correspondence (sent by the Court) to, the parties, Letter of Direction from the Registrar | |
| 2022-05-31 | Correspondence received from, (Letter Form), the applicant regarding the respondent's delays in filing material., (Printed version due on 2022-06-07) | Russell Bidesi |
| 2022-04-29 |
Correspondence received from, (Letter Form), require: 23B Correspondence regarding the filing of the Crown respondent's response to the applicant's amended application for leave to appeal: it is the Crown's position that it is crucial that a statement be obtained before it replies to the applicant's amended leave application, or before the Court considers the materials, (Printed version due on 2022-05-06) |
Her Majesty the Queen |
| 2022-03-14 | Order on motion to extend time, by BROWN J. | |
| 2022-03-14 | Order on motion to adduce new evidence, by BROWN J. | |
| 2022-03-14 | Order on miscellaneous motion, by BROWN J. | |
| 2022-03-14 |
Decision on motion to extend time, See judgment for the miscellaneous motion., Br Granted |
|
| 2022-03-14 |
Decision on motion to adduce new evidence, See judgement for the miscellaneous motion., Br Judgment accordingly |
|
| 2022-03-14 |
Decision on the miscellaneous motion, Br, UPON APPLICATION by the applicant for an order granting him the permission to serve and file an amended notice of application for leave to appeal and a supplementary memorandum of argument, and to adduce new evidence; AND UPON APPLICATION by the respondent for an order extending the time to serve and file her response to the motion to March 4, 2022; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The respondent’s motion for an extension of time is granted. The motion to file an amended notice of application for leave to appeal and a supplementary memorandum of argument, and to adduce new evidence is deferred to the panel seized of the application for leave to appeal. The respondent may serve and file a response to the supplementary memorandum of argument and the new evidence, not exceeding ten (10) pages in length, on or before April 13, 2022. The applicant shall serve and file his reply, if any, not exceeding five (5) pages in length, within ten (10) days after service of the response. Judgment accordingly |
|
| 2022-03-14 | Submission of motion to extend time, Br | |
| 2022-03-14 | Submission of motion to adduce new evidence, Br | |
| 2022-03-14 | Submission of miscellaneous motion, Br | |
| 2022-03-10 |
Certificate (on limitations to public access), (Letter Form), 23B - Reply to the response to the Motion to File Supplementary Documents and Motion to Adduce New Evidence , (Printed version due on 2022-03-17) |
Russell Bidesi |
| 2022-03-10 |
Certificate (on limitations to public access), (Letter Form), 23B - Motion to File Supplementary Documents and Motion to Adduce New Evidence , (Printed version filed on 2022-03-11) |
Russell Bidesi |
| 2022-03-10 | Reply to motion to adduce new evidence, (Book Form), (Included in the reply to miscellaneous motion), Completed on: 2022-03-14, (Printed version filed on 2022-03-11) | Russell Bidesi |
| 2022-03-10 | Reply to miscellaneous motion, (Book Form), Completed on: 2022-03-14, (Printed version due on 2022-03-17) | Russell Bidesi |
| 2022-03-09 | Certificate (on limitations to public access), (Letter Form), 23B - Response to the motion to File Supplementary Documents (including Supplementary Memorandum of Argument of the Applicant) and Motion to Adduce New Evidence, (Printed version due on 2022-03-16) | Her Majesty the Queen |
| 2022-03-04 |
Motion to extend time, (Book Form), RE: Response to the Motion to File Supplementary Documents and Motion to Adduce New Evidence Missing: Filing Fee Form 23B (rec' 03/09/22), Completed on: 2022-07-26, (Printed version filed on 2022-03-04) |
Her Majesty the Queen |
| 2022-03-04 | Response to the motion to adduce new evidence, (Included in the response to miscellaneous motion), Missing: Form 23B, Completed on: 2022-07-26 | Her Majesty the Queen |
| 2022-03-04 | Response to miscellaneous motion, (Book Form), Completed on: 2022-03-09, (Printed version filed on 2022-03-04) | Her Majesty the Queen |
| 2022-01-31 | Supplemental document, (Letter Form), (Included in the notice of miscellaneous motion), Supplementary Memorandum of Argument of the Applicant, Russell Bidesi. Included within Motion to File Supplementary Material, (Printed version due on 2022-02-07) | Russell Bidesi |
| 2022-01-31 |
Motion to adduce new evidence, (Included in the notice of miscellaneous motion), Missing: Filing Fee Form 23B (rec' 03/10/22), Completed on: 2022-07-26 |
Russell Bidesi |
| 2022-01-31 |
Notice of miscellaneous motion, (Book Form), Motion to File Supplementary Material Missing: Filing Fee Form 23B (rec' 03/10/22), Completed on: 2022-07-26, (Printed version filed on 2022-01-31) |
Russell Bidesi |
| 2021-12-17 |
Correspondence received from, (Letter Form), The applicant writes to respectfully request that the application for leave to appeal be held in abeyance as the applicant may be reconsidering the basis for the application and possibly filing further information in support of the application. The respondent is not opposed to the application being held in abeyance until January 31, 2022. Accordingly, we request that the application be held in abeyance until that time. We will write again before the end of January 2022 to advise of any further developments. , (Printed version due on 2021-12-24) |
Russell Bidesi |
| 2021-11-05 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-11-15) | Her Majesty the Queen |
| 2021-11-05 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-11-15) | Her Majesty the Queen |
| 2021-11-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-12-01, (Printed version filed on 2021-11-05) | Her Majesty the Queen |
| 2021-10-06 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-10-06 | |
| 2021-09-09 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-09-10) | Russell Bidesi |
| 2021-09-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-09-10) | Russell Bidesi |
| 2021-09-09 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2021-11-15, (Printed version filed on 2021-09-10) | Russell Bidesi |
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 |
|---|---|---|
| Bidesi, Russell | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Bidesi, Russell
Counsel
601 – 325 Howe Street
Vancouver, British Columbia
V6C 1Z7
Telephone: (604) 688-8338
FAX: (604) 688-8356
Email: brent@johnsondoyle.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
Criminal Appeals & Special Prosecutions
6th Floor. 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1773
FAX: (604) 660-1133
Email: mary.ainslie@gov.bc.ca
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Courts — Jurisdiction — Criminal law — Evidence — Trial — Procedure — Reasonableness of verdict — Whether a judge has jurisdiction to permit the Crown to reply in a judge-alone trial where the accused has not called evidence, despite the two-speech model enacted by Parliament — Whether an appellate court can review a verdict for unreasonableness on the basis it was irrationally or illogically rendered where the verdict is based on a positive credibility finding that could otherwise be supported by the evidence — Whether the W.(D.) analysis should apply to exculpatory evidence inconsistent with guilt that is led in the Crown’s case?
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)
Mr. McPherson was fatally shot in the back of his head at a house party. Two vetrovec witnesses identified Mr. Bidesi as the shooter. The testimony of one was rejected as unreliable. The other did not see the shooting but testified that moments before she heard a gunshot, she saw Mr. Bidesi face to face with the victim, in an altercation and holding a gun pointed at the victim. Crown counsel first suggested in reply that Mr. McPherson turned his back to Mr. Bidesi immediately before he was shot. The trial judge found the witness’s testimony credible and reliable. Mr. Bidesi was convicted of second degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Supreme Court of British Columbia
2018 BCSC 588, 77493
Conviction for second degree murder
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 227, CA45309
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