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.
41507
His Majesty the King v. Alvaro Roche-Garcia
(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) |
|---|---|---|
| 2025-03-07 | Close file on Leave | |
| 2025-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-06 | Judgment on leave sent to the parties | |
| 2025-03-06 |
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 British Columbia (Vancouver), Number CA48117, 2024 BCCA 298, dated August 19, 2024, is dismissed. Dismissed |
|
| 2025-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-11-29, (Printed version filed on 2024-11-29) | His Majesty the King |
| 2024-11-20 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-11-21) | Alvaro Roche-Garcia |
| 2024-11-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-11-20, (Printed version filed on 2024-11-21) | Alvaro Roche-Garcia |
| 2024-10-21 | Letter acknowledging receipt of a complete application for leave to appeal, File open | |
| 2024-10-18 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-10-21) | His Majesty the King |
| 2024-10-18 | Application for leave to appeal, (Book Form), Completed on: 2024-10-18, (Printed version filed on 2024-10-21) | 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 |
|---|---|---|
| Roche-Garcia, Alvaro | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
Crown Counsel – Criminal Appeals
600-865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: john.caldwell@gov.bc.ca
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Roche-Garcia, Alvaro
Counsel
601 – 325 Howe Street
Vancouver, British Columbia
V6C 1Z7
Telephone: (604) 688-8338
FAX: (604) 688-8356
Email: brent@johnsondoyle.com
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Criminal law — Appeals — Curative proviso — Where there have been serious legal errors at trial, should the correct test for applying the curative proviso focus on the strength of evidence of guilt and whether it was overwhelming or should there instead be a broad discretion not to invoke the proviso based on factors such as the seriousness of the error or the seriousness of the offence and punishment — In considering whether to apply the overwhelming case branch of the curative proviso, is the public interest served by avoiding the cost and delays of retrials where conviction would be inevitable — Criminal Code, s. 686(1)(b)(iii).
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. Silva was shot and killed on the porch of his residence. Mr. Roche-Garcia was charged with first degree murder. A jury convicted him. The Court of Appeal held that the trial judge committed legal errors in admitting some of the evidence led by the Crown and in a part of his jury charge. The Court of Appeal declined to apply s. 686(1)(b)(iii) of the Criminal Code and uphold the conviction. It allowed an appeal and ordered a new trial.
Lower court rulings
Supreme Court of British Columbia
28727-2
Conviction by jury of first degree murder
Appeal allowed, new trial ordered
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