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.
39948
Michael Louis Hamer 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) |
|---|---|---|
| 2022-04-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-07 | Judgment on leave sent to the parties | |
| 2022-04-07 | Close file on Leave | |
| 2022-04-07 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46265, 2021 BCCA 297, dated August 3, 2021, is dismissed. Dismissed |
|
| 2022-04-07 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2022-02-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-28 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-01-31 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2022-01-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-23, (Printed version filed on 2022-01-31) | Her Majesty the Queen |
| 2021-12-20 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-20 | |
| 2021-12-13 |
Certificate (on limitations to public access), (Letter Form), 23A rec'd amended 23A (rec'd 2021-12-21), (Printed version filed on 2021-12-13) |
Michael Louis Hamer |
| 2021-12-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2021-12-20, (Printed version filed on 2021-12-13) | Michael Louis Hamer |
| 2021-12-13 | Application for leave to appeal, (Book Form), Completed on: 2022-02-23, (Printed version filed on 2021-12-13) | Michael Louis Hamer |
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 |
|---|---|---|
| Hamer, Michael Louis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Hamer, Michael Louis
Counsel
401 – 73 Water Street
Vancouver, British Columbia
V6B 1A1
Telephone: (604) 608-6162
FAX: (778) 508-9769
Email: talia@magder.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
B.C. Prosecution Service
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 653-8903
FAX: (604) 660-3433
Email: lauren.chu@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 — Sentencing — Dangerous offender designation — When determining the facts of the offence for the purposes of sentencing, how should courts treat an acquittal by a jury when the underlying facts of that acquittal overlap with a conviction by the jury — How should the purposes and principles of sentencing be weighed in a dangerous offender sentencing — What approach should courts take to the admission of fresh evidence when assessing the fitness of a dangerous offender sentence 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.
After a trial by judge and jury, the applicant was convicted of several offences, including aggravated assault. The applicant was designated a dangerous offender, and was given an indeterminate sentence. The Court of Appeal dismissed the appeal, and dismissed the application to adduce fresh evidence.
Lower court rulings
Supreme Court of British Columbia
162592-6, 2018 BCSC 783
Sentence imposed: dangerous offender designation
Court of Appeal for British Columbia (Victoria)
2021 BCCA 297, CA46265
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