Case information
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39887
Phillip James Tallio 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) |
|---|---|---|
| 2022-04-07 | Close file on Leave | |
| 2022-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-24 | Judgment on leave sent to the parties | |
| 2022-03-24 |
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 CA44096, 2021 BCCA 314, dated August 19, 2021, is dismissed. Dismissed |
|
| 2022-02-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-24 | Certificate (on limitations to public access), (Letter Form), 23B - Reply, (Printed version filed on 2022-01-24) | Phillip James Tallio |
| 2022-01-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-02-09, (Printed version filed on 2022-01-24) | Phillip James Tallio |
| 2022-01-12 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-01-19) | Her Majesty the Queen |
| 2022-01-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-01-19) | Her Majesty the Queen |
| 2022-01-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-09, (Printed version filed on 2022-01-12) | Her Majesty the Queen |
| 2021-12-01 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-01 | |
| 2021-10-18 |
Certificate (on limitations to public access), 23A-B require: amended 23A (rec'd 2022-02-01), (Printed version filed on 2021-10-18) |
Phillip James Tallio |
| 2021-10-18 |
Application for leave to appeal, (Book Form), (2 volumes), Require: -Signed Trial Court judgment (rec'd clarification 2022-02-01) -Clarification on certificate 23A (rec'd 2022-02-01) received: -Amended memorandum or argument and amended Vol1 of the application (rec'd 2021-11-04) -1983 voir dire decision (rec'd 2022-02-01), Completed on: 2022-02-14, (Printed version filed on 2021-10-18) |
Phillip James Tallio |
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 |
|---|---|---|
| Tallio, Phillip James | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Tallio, Phillip James
Counsel
Rachel Barsky
Katherine Kirkpatrick
Frank Addario
Vancouver, British Columbia
V6Z 1X6
Telephone: (604) 449-1460
FAX: (604) 637-6385
Email: tom@talaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
Janet A.M. Dickie
Spencer Gillespie
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
Criminal law — Appeal — Unreasonable verdict — Did the Court of Appeal err by stating that Indigeneity had no bearing on resolving evidentiary issues in the case — Did the Court of Appeal err in law in finding that the applicant’s compelled statement to a psychiatrist was admissible as proof of the truth of the contents.
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)
Mr. Tallio plead guilty to second degree murder. The trial judge sentenced Mr. Tallio to life imprisonment without eligibility for parole for 10 years. Since being sentenced, Mr. Tallio has asserted his innocence. His conviction appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
74/83
Guilty plea: second degree murder
Court of Appeal for British Columbia (Vancouver)
2021 BCCA 314, CA44096
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
Not available
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