Case information
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40571
Dwayne Gordon v. His Majesty the King
(Ontario) (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) |
|---|---|---|
| 2023-11-10 | Close file on Leave | |
| 2023-11-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-09 | Judgment on leave sent to the parties | |
| 2023-11-09 |
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 Ontario, Number C65757, 2022 ONCA 799, dated November 21, 2022, is dismissed. Dismissed |
|
| 2023-09-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-24 | Certificate (on limitations to public access), Amended 23A (rec'd 2023-03-06) | His Majesty the King |
| 2023-02-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-03-02, (Printed version filed on 2023-03-02) | His Majesty the King |
| 2023-01-25 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-01-25 | |
| 2023-01-20 | Certificate (on limitations to public access), 23A | Dwayne Gordon |
| 2023-01-20 | Application for leave to appeal, (Book Form), Completed on: 2023-01-25, (Printed version due on 2023-01-27) | Dwayne Gordon |
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 |
|---|---|---|
| Gordon, Dwayne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Gordon, Dwayne
Counsel
Sara M. Little
161 Bay Street, Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 362-4567
FAX: (416) 362-8410
Email: pthorning@btlegal.ca
Party: His Majesty the King
Counsel
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: katie.doherty@ontario.ca
Summary
Keywords
Criminal law — Jurors — Discharge of juror — Whether it was reasonable for trial judge to rely on juror’s belief in their own impartiality in declining to discharge a colour-blind juror — Whether juror examinations pursuant to s. 644 of the Criminal Code should be conducted to preserve the competency of the jury and ensure trial fairness — What is the relationship between s. 644 of the Criminal Code and s. 4 of the Juries Act, R.S.O 1990, c. J.3?
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.
Mr. Gordon was tried before a jury for second-degree murder. Crown counsel’s case in part relied upon surveillance video tapes showing a man of similar appearance but wearing different clothing and shown first with a red backpack but then later without the backpack. During trial, a juror sent the trial judge a note disclosing he had difficulty identifying colours and asking if it mattered. The juror was questioned in court. The trial judge decided not to discharge the juror. The jury convicted Mr. Gordon of second degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Appeal for Ontario
2022 ONCA 799, C65757
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 613‑996‑7933 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