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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.


41197

Rakesh Kumar Sidhu v. His Majesty the King

(Alberta) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2024-09-27 Close file on Leave
2024-09-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2024-09-26 Judgment on leave sent to the parties
2024-09-26 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 Court of Appeal of Alberta (Edmonton), Number 2203-0153A, 2023 ABCA 184, dated June 15, 2023, is dismissed.
Dismissed
2024-09-26 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2024-07-29 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-07-29 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2024-05-06 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-05-06) His Majesty the King
2024-05-06 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-08, (Printed version filed on 2024-05-06) His Majesty the King
2024-04-23 Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2024-04-23 His Majesty the King
2024-04-10 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-04-17) Rakesh Kumar Sidhu
2024-04-05 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED
2024-03-28 Affidavit, (Book Form), In support to motion for extension of time, (Printed version filed on 2024-04-03) Rakesh Kumar Sidhu
2024-03-28 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-03) Rakesh Kumar Sidhu
2024-03-28 Application for leave to appeal, (Book Form), Missing:
- 23A (Rec'd April 10, 2024)
- Signed memorandum (Rec'd April 10, 2024)
- Amended notice of application (Rec'd May 21, 2024), Completed on: 2024-05-21, (Printed version filed on 2024-04-03)
Rakesh Kumar Sidhu

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

Main parties - Appellants
Name Role Status
Sidhu, Rakesh Kumar Applicant Active

v.

Main parties - Respondents
Name Role Status
His Majesty the King Respondent Active

Counsel

Party: Sidhu, Rakesh Kumar

Counsel
Kathryn A. Quinlan
Dawson Duckett Garcia & Johnson
9924 - 106 Street
Suite 300
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: kquinlan@dsscrimlaw.com

Party: His Majesty the King

Counsel
Jason Russell
Alberta Department of Justice
John E. Brownlee Building
10365 97 Street NW
Edmonton, Alberta
T5J 3W7
Telephone: (403) 297-6005
FAX: (780) 422-1106
Email: jason.russell@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
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 — Expert evidence — Admissibility —Certified drug recognition expert determining accused driving while drug impaired and testifying — To what extent may a drug recognition expert officer testify to subjects not specifically enumerated in the Evaluation of Impaired Operation (Drug and Alcohol) Regulations, SOR/2008-196?

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. Sidhu’s SUV crossed into oncoming traffic where it struck and killed Ms. Burk who was driving a scooter. The Crown’s case relied in part on the testimony of a police officer trained in conducting drug recognition evaluations who tested Mr. Sidhu after the collision and concluded he was impaired by marijuana. Mr. Sidhu was convicted of impaired driving causing death and dangerous driving causing death. His appeal from his convictions was dismissed.

Lower court rulings

March 9, 2022
Provincial Court of Alberta

190306555P1

Convictions for impaired driving causing death and dangerous driving causing death

June 15, 2023
Court of Appeal of Alberta (Edmonton)

2203-0153A, 2023 ABCA 184

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

Not available

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

Webcasts

Not available.

Date modified: 2025-02-27