Docket

38217

Devante George-Nurse v. Her Majesty the Queen

(Ont.) (Criminal) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2019-03-04 Appeal closed
2019-02-22 Transcript received, 33 pages
2019-02-18 Formal judgment sent to the registrar of the court of appeal and all parties
2019-02-18 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-02-15 Judgment on the appeal rendered, Abe Mo Ka Côt Row,
The appeal from the judgment of the Court of Appeal for Ontario, Number C64222, 2018 ONCA 515, dated June 6, 2018, was heard on February 15, 2019, and the Court on that day delivered the following judgment orally:

MOLDAVER J. — We agree with the majority of the Court of Appeal that the circumstantial evidence presented against the appellant established a strong case to answer. In the words of the majority, which we accept, this was the “paradigm of a case to meet, far removed from ‘no case to answer’”: para. 34.

That being so, it was open to the court on appeal to consider the appellant’s silence in assessing and ultimately rejecting his unreasonable verdict argument: see R. v. Noble, [1997] 1 S.C.R. 874, at para. 103.

In so concluding, we note that the trial judge made it clear to the jury, on numerous occasions, that it could not consider the appellant’s failure to testify as a makeweight for the Crown’s case. In this regard, we do not endorse paras. 32 and 36 of the majority’s reasons, to the extent they may be taken as suggesting otherwise.

In the result, we would dismiss the appeal.
Dismissed
2019-02-15 Respondent's condensed book, (Book Form), 14 copies (submitted in Court) Her Majesty the Queen
2019-02-15 Appellant's condensed book, (Book Form), 14 copies (submitted in Court) Devante George-Nurse
2019-02-15 Hearing of the appeal, 2019-02-15, Abe Mo Ka Côt Row
Judgment rendered
2019-02-11 Notice of appearance, (Letter Form), AMENDED: Michael Dineen will appear and will present oral arguments. Criminal Lawyers' Association of Ontario
2019-02-05 Notice of appearance, (Letter Form), Brian Snell will be present at the hearing and will present oral arguments. Devante George-Nurse
2019-01-31 Notice of appearance, (Letter Form), R. Philip Campbell and Michael Dineen will be present at the hearing. Mr. Campbell will present oral arguments. Criminal Lawyers' Association of Ontario
2019-01-29 Notice of appearance, (Letter Form), Leslie Paine will be present and will present oral arguments. Her Majesty the Queen
2019-01-21 Reply factum on appeal, (Book Form), Completed on: 2019-01-21 Her Majesty the Queen
2019-01-14 Intervener's factum, (Book Form), Completed on: 2019-01-14 Criminal Lawyers' Association of Ontario
2018-12-07 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-02-15
Judgment rendered
2018-11-26 Appeal perfected for hearing
2018-11-23 Correspondence received from, (Letter Form), CD of surveillance which should have been included in the Respondent's Record. 2 CDs received. Her Majesty the Queen
2018-11-22 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2018-11-22 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2018-11-22 Respondent's record, (Book Form), (2 volumes), Completed on: 2018-11-22 Her Majesty the Queen
2018-11-22 Respondent's factum, (Book Form), Amended electronic copy rec'd 2018/11/27, Completed on: 2018-11-22 Her Majesty the Queen
2018-11-13 Order on motion for leave to intervene, by ABELLA J.
2018-11-13 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Criminal Lawyers’ Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before January 14, 2019.
The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondent is permitted to serve and file a factum not exceeding five (5) pages in reply to this intervention on or before January 21, 2019.
The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention.
Granted
2018-11-13 Submission of motion for leave to intervene, Abe
2018-11-05 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-05, (Printed version filed on 2018-11-07) Criminal Lawyers' Association of Ontario
2018-11-01 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-01 Her Majesty the Queen
2018-10-31 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-10-31 Devante George-Nurse
2018-10-22 Motion for leave to intervene, (Book Form), Fees to come - rec'd., Completed on: 2018-10-23 Criminal Lawyers' Association of Ontario
2018-09-27 Appellant's record, (Book Form), Completed on: 2018-09-27 Devante George-Nurse
2018-09-27 Certificate of counsel (attesting to record), (Letter Form) Devante George-Nurse
2018-09-27 Appellant's factum, (Book Form), Completed on: 2018-09-27 Devante George-Nurse
2018-09-05 Notice of change of counsel, (Letter Form), Newly assigned counsel (Ms. Leslie Paine) on behalf of the Respondent. Her Majesty the Queen
2018-08-09 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-08-08 Letter acknowledging receipt of a notice of appeal, FILE OPENED: 08-08-2018
2018-08-03 Certificate (on limitations to public access), (Letter Form), Form 23A Devante George-Nurse
2018-08-03 Notice of appeal, (Letter Form), MISSING: Court of Appeal order (received 24/10/2018), Completed on: 2018-10-25 Devante George-Nurse