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.
40543
Kelvin Kingsbury Purdy v. His Majesty the King
(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) |
|---|---|---|
| 2023-06-21 | Close file on Leave | |
| 2023-06-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-06-15 | Judgment on leave sent to the parties | |
| 2023-06-15 |
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 various requests for miscellaneous relief are dismissed. The application for leave to appeal from the judgment of the Supreme Court of British Columbia, Number 29400-1, 2019 BCSC 2285, dated December 19, 2019, is dismissed. Dismissed |
|
| 2023-06-15 |
Decision on the miscellaneous motion, See decision on the application Dismissed |
|
| 2023-06-15 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application Granted |
|
| 2023-05-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-08 | Submission of miscellaneous motion, for consideration by the Court | |
| 2023-05-08 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-04-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-05-08, (Electronic version filed on 2023-04-19) | Kelvin Kingsbury Purdy |
| 2023-04-13 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-04-13 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-04-18 | His Majesty the King |
| 2023-04-03 | Supplemental document, SUP02 - Applicant's book two (documents in support) | Kelvin Kingsbury Purdy |
| 2023-03-30 | Correspondence received from, (Letter Form) | Kelvin Kingsbury Purdy |
| 2023-03-13 | Correspondence received from, BC Prosecution Service is not the correct respondent in this matter. The Federal Minister of Justice is the respondent. | His Majesty the King |
| 2023-03-10 | Correspondence (sent by the Court) to, Jurisdiction assumption letter | |
| 2022-12-30 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-12-30 | |
| 2022-08-22 | Book of authorities, (Book Form), Record and Book of authorities, Completed on: 2023-01-04, (Electronic version due on 2022-08-29) | Kelvin Kingsbury Purdy |
| 2022-08-22 | Certificate (on limitations to public access), Public access to information form | Kelvin Kingsbury Purdy |
| 2022-08-22 |
Notice of miscellaneous motion, (Book Form), Various motions Amended notice rec'd 2023-04-03, Completed on: 2022-12-30 |
Kelvin Kingsbury Purdy |
| 2022-08-22 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-12-30, (Electronic version due on 2022-08-29) | Kelvin Kingsbury Purdy |
| 2022-08-22 |
Application for leave to appeal, (Book Form), Also filed: - Notice of constitutional question - Undertaking & Bail / Conditions - Recognizance Required: - Amended notice of application citing the correct section of law (rec'd 2023-01-26), Completed on: 2023-02-14, (Electronic version due on 2022-08-29) |
Kelvin Kingsbury Purdy |
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 |
|---|---|---|
| Purdy, Kelvin Kingsbury | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Purdy, Kelvin Kingsbury
This party is not represented by counsel.
Party: His Majesty the King
Counsel
Courtenay Landsiedel
Robson Court 900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-5129
FAX: (604) 666-2639
Email: francois.paradis@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor, room 556
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Charter of Rights — Right to life, liberty and security of the person — Fundamental justice — Habeas corpus — Right to be tried within a reasonable time — Presumption of innocence — Right to a fair hearing — Right to bail — Cruel and unusual treatment or punishment — Right to equality — Criminal law — Evidence — Wrongful conviction application — Bail — Applicant convicted of second-degree murder and sentenced to life imprisonment with no parole eligibility for 19 years — Court of Appeal dismissing appeals from conviction and from sentence — Application to re-open conviction appeal dismissed — Applicant seeking ministerial review of conviction, alleging miscarriage of justice — Application for bail pending decision on ministerial review dismissed — Whether application raises legal issue of sufficient public importance — Canadian Charter of Rights and Freedoms, ss. 7, 10, 11, 15 — Criminal Code, R.S.C. 1985, c. C-46, ss. 679, 680, 696.1-696.6.
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.
The applicant, Kelvin Kingsbury Purdy, was convicted of second-degree murder, and sentenced to life imprisonment with no parole eligibility for 19 years. The Court of Appeal dismissed Mr. Purdy’s appeal from his conviction in 2008, and his appeal from his sentence in 2012. It also dismissed his application to re-open his conviction appeal in 2010; Mr. Purdy then filed an application for leave to appeal that decision before the Supreme Court of Canada, which was dismissed in 2012. Mr. Purdy then applied to the federal Minister of Justice for a review of his case, alleging a miscarriage of justice; his application for a wrongful conviction ministerial review was accepted in September 2018. In 2019, the B.C. Supreme Court dismissed Mr. Purdy’s application for bail pending a determination of the ministerial review process.
Lower court rulings
Supreme Court of British Columbia
56040-4
Kelvin Kingsbury Purdy déclaré coupable de meurtre au second degré
Supreme Court of British Columbia
56040-4
Mr. Purdy sentenced to life imprisonment with no eligibility for parole for 19 years
Court of Appeal for British Columbia (Vancouver)
2008 BCCA 95
Appeal from conviction for second-degree murder — dismissed
Court of Appeal for British Columbia (Vancouver)
2010 BCCA 413
Application to re-open appeal from conviction — dismissed
Court of Appeal for British Columbia (Vancouver)
2012 BCCA 272
Appeal from sentence — dismissed
Supreme Court of British Columbia
2019 BCSC 2285, 29400-1
Application for judicial interim release, pending determination of wrongful conviction review process — 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 613‑996‑7933 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
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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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