Case information
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40690
Colin Hugh Tweedie v. His Majesty the King
(Nova Scotia) (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) |
|---|---|---|
| 2023-08-25 | Close file on Leave | |
| 2023-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-24 | Judgment on leave sent to the parties | |
| 2023-08-24 |
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 Nova Scotia Court of Appeal, Number CAC 514477, 2023 NSCA 11, dated February 15, 2023, is dismissed. Dismissed |
|
| 2023-08-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-07-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-07-10 | Submission of motion to extend time to file and/ or serve the leave application, Ka Row Mar | |
| 2023-05-01 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2023-05-08) | His Majesty the King |
| 2023-05-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-04, (Printed version filed on 2023-05-04) | His Majesty the King |
| 2023-05-01 | Letter acknowledging receipt of an incomplete application for leave to appeal, File Opened on May 1st 2023 | |
| 2023-04-17 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2023-05-01 | Colin Hugh Tweedie |
| 2023-04-17 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2023-04-24) | Colin Hugh Tweedie |
| 2023-04-17 |
Application for leave to appeal, (Book Form), Missing: -Trial Court Order (there's no trial order), Completed on: 2023-06-06, (Printed version filed on 2023-04-18) |
Colin Hugh Tweedie |
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 |
|---|---|---|
| Tweedie, Colin Hugh | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Tweedie, Colin Hugh
Counsel
David Irvine
292 Charlotte Street, Suite 300
Sydney, Nova Scotia
B1P 1C7
Telephone: (902) 563-1000
FAX: (902) 563-1113
Email: tony.mozvik@mcinnescooper.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
700-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-6034
FAX: (902) 424-8440
Email: Glenn.Hubbard@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Assessment — Whether the Court of Appeal erred in finding that the trial judge erred by not applying the statutory presumption in s. 320.31(4) of the Criminal Code to the s. 320.14(3) offence — Whether the Court of Appeal erred by allowing the respondent to raise new issues and argument for the first time on appeal — Whether the Court of Appeal erred in law — Whether the Court of Appeal erred in finding that the trial judge did not consider wilful blindness?<br>
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. Tweedie was driving a vehicle that struck and killed a young girl on a bicycle at dusk. He did not stop and later told police he thought he had hit a deer. After Mr. Tweedie’s arrest, breath samples were taken and analyzed for blood alcohol concentration (BAC). Mr. Tweedie was taken into custody and ultimately charged with four offences: dangerous driving causing death; having a BAC equal to or exceeding 80 mg of alcohol in 100 ml of blood within two hours after ceasing to operate a vehicle and thereby causing death; failure to stop, without reasonable excuse, after knowing or being reckless as to whether his vehicle had been involved in an accident resulting in death of a person; and obstruction of justice. On the second day of trial, Mr. Tweedie changed his plea to guilty for the obstruction of justice charge. He admitted to lying to the police about who was driving. The Supreme Court of Nova Scotia acquitted Mr. Tweedie of the remaining charges. The Court of Appeal allowed the appeal, set aside the acquittals, and ordered a new trial.
Lower court rulings
Supreme Court of Nova Scotia (Family Division)
SYD 500387
Applicant pled guilty to obstruction of justice; acquittals entered for remaining charges
Nova Scotia Court of Appeal
2023 NSCA 11, CAC 514477
Appeal allowed: acquittals set aside, new trial ordered
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