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.
41038
His Majesty the King v. Roberto Gil Francisco
(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) |
|---|---|---|
| 2024-12-06 | Close file on Leave | |
| 2024-12-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-05 | Judgment on leave sent to the parties | |
| 2024-12-05 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal or for remand is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48955, 2023 BCCA 450, dated December 7, 2023, is dismissed. Dismissed, no order as to costs |
|
| 2024-12-05 |
Decision on motion to expedite the application for leave to appeal, See decision on application Dismissed |
|
| 2024-01-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-22 | Submission of motion to expedite the application for leave to appeal, for consideration by the Court | |
| 2024-01-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-01-11, (Printed version filed on 2024-01-09) | Roberto Gil Francisco |
| 2024-01-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-01-03) | Roberto Gil Francisco |
| 2024-01-03 | Response to the motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2024-01-03, (Printed version filed on 2024-01-03) | Roberto Gil Francisco |
| 2023-12-18 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2023-12-15 | Motion to expedite the application for leave to appeal, (Book Form), Motion to expedite the application and to be heard with SCC file no. 40558, Completed on: 2023-12-18, (Printed version due on 2023-12-22) | His Majesty the King |
| 2023-12-15 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-12-15 |
Application for leave to appeal, (Book Form), REQUIRED: - CA Order (Rec'd 2023-12-21) - Filing fee (Rec'd 2023-12-22), Completed on: 2024-01-08, (Printed version due on 2023-12-22) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Francisco, Roberto Gil | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
Criminal Appeals and Special Prosecutions
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mila.shah@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
Party: Francisco, Roberto Gil
Counsel
215-114 East 7th Avenue
Vancouver, British Columbia
V5T 1M6
Telephone: (604) 685-8889
FAX: (604) 685-8308
Email: kyla@vancouvercriminallaw.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
Summary
Keywords
Criminal law — Sentencing — Driving prohibition — Can a driving prohibition be imposed pursuant to s. 320.24(4) of the Criminal Code following conviction for criminal negligence causing death?
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. Francisco was driving recklessly, at excessive speeds, while intoxicated. His vehicle mounted a sidewalk where it struck and killed a pedestrian. Mr. Francisco pleaded guilty to criminal negligence causing death contrary to s. 220 of the Criminal Code. The sentencing judge in part imposed a driving prohibition. The Court of Appeal allowed an appeal and set aside the driving prohibition.
Lower court rulings
Supreme Court of British Columbia
2022 BCSC 420, 31502
Sentence to four years plus a driving prohibition of four years
Court of Appeal for British Columbia (Vancouver)
2023 BCCA 450, CA48955
Appeal allowed, driving prohibition struck
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