Case information
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40438
George Mathew v. His Majesty the King
(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) |
|---|---|---|
| 2023-03-10 | Close file on Leave | |
| 2023-03-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-09 | Judgment on leave sent to the parties | |
| 2023-03-09 |
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 CA47414, 2022 BCCA 288, dated August 24, 2022, is dismissed. Dismissed |
|
| 2023-01-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-19 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-12-19) | George Mathew |
| 2022-12-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-12-19, (Printed version filed on 2022-12-19) | George Mathew |
| 2022-12-07 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2022-12-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-12-14) | His Majesty the King |
| 2022-12-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-12-07, (Printed version filed on 2022-12-07) | His Majesty the King |
| 2022-11-08 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2022-11-08 | |
| 2022-10-24 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-10-24) | George Mathew |
| 2022-10-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-10-24) | George Mathew |
| 2022-10-24 | Application for leave to appeal, (Book Form), Completed on: 2022-11-10, (Printed version filed on 2022-10-24) | George Mathew |
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 |
|---|---|---|
| Mathew, George | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Mathew, George
Counsel
1200-1111 Melville Street
Vancouver, British Columbia
V6E 2V6
Telephone: (604) 662-8167
FAX: (604) 681-0799
Email: purtzki@gmail.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King
Counsel
3rd Floor - 940 Blanchard Street
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-0150
FAX: (250) 387-4262
Email: lara.vizsolyi@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 — Sexual assault — Sexual history evidence — Credibility — Curative Proviso —How should prejudice to the accused be assessed when the Crown leads inadmissible sexual history evidence? — How does the curative proviso in s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46, apply in credibility cases?
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)
At trial before judge alone in the Provincial Court of British Columbia, the applicant, George Mathew, was convicted of a single count of sexual assault.
The applicant appealed his conviction on the grounds that the trial judge erred by (1) admitting evidence of prior sexual conduct without holding a voir dire; and (2) reversing the burden of proof by finding that his failure to adduce corroborative evidence adversely affected his reliability. The Court of Appeal unanimously dismissed the appeal. It applied the curative proviso in s. 686(1)(b)(iii) of the Criminal Code to any errors in relation to the two grounds of appeal.
Lower court rulings
Provincial Court of British Columbia
37276-1-K
Conviction for sexual assault
Court of Appeal for British Columbia (Vancouver)
2022 BCCA 288, CA47414
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
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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