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21076

Kevin James Arkell v. Her Majesty the Queen

(British Columbia) (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)
1994-08-10 Correspondence (sent by the Court) to, of Claude Alain to Mr. Arkell to confirm receipt of his letter of August 2/94 with attachments
1994-08-09 Correspondence (sent by the Court) to, of Mr. Arkell to Claude Alain dated August 2/94 (handwritten) with attachments
1994-07-06 Close file for archive
1994-06-08 Correspondence received from, of Claude Alain to Mr. Mulligan to confirm the receipt of his letter dated June 1/94. He is forwading a copy of a letter written in response to Mr. Arkell's letter of April 18. He confirms that we have not received any additional material from Mr. Arkell.
1994-06-07 Correspondence received from, of Robert A. Mulligan to Claude Alain inquiring about a letter of Mr. Arkell and the affidavit of Michael Thomas Walsh (both documents attached) (dated June 1/94) Her Majesty the Queen
1994-04-29 Correspondence (sent by the Court) to, of Claude Alain to Mr. Arkell to confirm receipt of his letter of April 18/94
1994-04-25 Correspondence (sent by the Court) to, of Mr. Arkell to Claude Alain dated April 18/94 along with an affidavit of Michael Thomas Walsh
1991-01-04 Correspondence (sent by the Court) to, from C. Alain sent to Mr. Arkell (Agassiz,BC) assuring him that the Members of the Court have received copies of his letter together with the attached material. Although Mr. Arkell disagrees with the decision of this Court, the judgment is final and conc
1990-12-14 Correspondence (sent by the Court) to, from Kevin Arkell dated December 5th, 1990 (Re: Miscarriage of Justice)
1990-11-30 Correspondence (sent by the Court) to, sent to Mr. Kevin J. Arkell (Agassiz,BC) assuring him that his letter of October 6/90 has been distributed. However, having rendered judgment in this case, there is nothing more the Court can do for him.
1990-10-05 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1990-10-05 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1990-10-05 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1990-10-05 Copy of formal judgment being prepared, Bruce A. MacFarlane, Q.C., C/O The Deputy Attorney General of Canada (Ottawa,ON)
1990-10-05 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1990-10-05 Formal judgment sent to the registrar of the court of appeal and all parties, (Vancouver,BC)
1990-09-19 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-09-13 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1990-09-13 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON)
1990-09-13 Notice of deposit of judgment sent to all parties, Bruce A. MacFarlane, C/O Dept. of Justice (Ottawa,ON)
1990-09-13 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-09-13 Judgment on the appeal rendered, CJ CJ W L'HD So G Co, The appeal is dismissed. Dickson was Chief Justice at the time of hearing. Lamer was Chief Justice at the time of judgment.
Dismissed, no order as to costs
1990-04-11 General proceeding, transcripts received and distributed to the justices (44 pages)
1990-03-26 Hearing of the appeal, 1990-03-26, CJ CJ W L'HD So G Co
Decision reserved
1990-03-26 Service, of AQ.G. Qué.'s factum
1990-03-23 Correspondence (sent by the Court) to, from Burke-Robertson re: expects to take 15 mins. in argument
1990-03-21 Book of authorities, 10 copies, with service Attorney General of Canada
1990-03-21 Intervener's factum, 21 copies Attorney General of Quebec
1990-03-20 Book of authorities, 10 copies, with service Kevin James Arkell
1990-03-19 Correspondence (sent by the Court) to, from Jack Watson re: supports the position taken by the Crown in Right of B.C.
1990-03-16 Intervener's factum, 21 copies (joint with 21122-21252-21284-20758- 21382), with service Attorney General of Canada
1990-03-16 Intervener's factum, 26 copies (joint with 21122 - 21252), with service Attorney General of Manitoba
1990-02-13 Respondent's factum, 21 copies, with service Her Majesty the Queen
1990-02-07 General proceeding, 21 copies of Appendix 'C' to the Factum of the appellant, with service Kevin James Arkell
1990-02-01 Appeal hearing scheduled, 1990-03-26
Decision reserved
1989-09-26 Notice of hearing, With service Kevin James Arkell
1989-09-18 Appeal perfected for hearing, Session beginning on 1989-10-02
1989-09-15 Response to motion to expedite the appeal, of the Appellant's factum Her Majesty the Queen
1989-09-14 Motion to expedite the appeal, With service Kevin James Arkell
1989-09-14 Appellant's factum, 22 copies, with service Kevin James Arkell
1989-09-12 Certified casebook, of volume 1 to 3 Kevin James Arkell
1989-09-07 General proceeding, to note Appeal to be heard January 22, 1990 at the same time as the following Appeals; "The Queen v. Allan Ronald Rodney" (21284), "The Queen v. Roderick Russell Martineau" (21122), "Robert Nelson Luxton v. The Queen" (21252), "The Queen v. Sutcliffe Loga
1989-08-28 General proceeding, served copy of case on appeal vols 1, 2, 3,, with service Kevin James Arkell
1989-08-25 Case on appeal, 21 copies, vols. 1 to 3 Kevin James Arkell
1989-05-18 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1989-05-12 Notice of intervention respecting a constitutional question Attorney General of Alberta
1989-05-12 Decision on motion to extend time, to file a notice of intervention by A.G. - Alta., LaF
Granted, no order as to costs
1989-05-12 Hearing of motion to extend time, 1989-05-12, to file a notice of intervention by A.G. - Alta., LaF
1989-05-12 Submission of motion to extend time, 1989-05-12, to file a notice of intervention by A.G. - Alta., LaF
1989-05-12 Order on motion to extend time, (A.G. - Alta.)
1989-05-11 Response to motion to extend time, (to file a notice of intervention by A.G. - Alta.) Her Majesty the Queen
1989-05-11 Response to motion to extend time, (to file a notice of intervention by A.G.- Alta.) Kevin James Arkell
1989-05-11 Motion to extend time, (to file a notice of intervention) Attorney General of Alberta
1989-04-27 Notice of intervention respecting a constitutional question Attorney General of Manitoba
1989-04-26 Notice of intervention respecting a constitutional question Attorney General of Quebec
1989-04-26 Notice of intervention respecting a constitutional question, With service Attorney General of Canada
1989-03-31 Order on motion to state a constitutional question
1989-03-23 Decision on the motion to state a constitutional question, (for Constitutional Questions see file or Reg's Red Book #7 @ p.161. Interventions by April 28/89), CJ
Granted, no order as to costs
1989-03-23 Hearing of the motion to state a constitutional question, 1989-03-23, (for Constitutional Questions see file or Reg's Red Book #7 @ p.161. Interventions by April 28/89), CJ
1989-03-23 Submission of motion to state a constitutional question, 1989-03-23, (for Constitutional Questions see file or Reg's Red Book #7 @ p.161. Interventions by April 28/89), CJ
1989-03-23 Hearing of the motion to state a constitutional question, 1989-03-23
Decision reserved
1989-03-23 Submission of motion to state a constitutional question, 1989-03-23
Decision reserved
1989-03-20 Correspondence (sent by the Court) to, to note consent of Gowling and Henderson on motion to adjourn the hearing of the appeal to March 23
1989-03-14 Motion to state a constitutional question, With service Kevin James Arkell
1989-02-15 Order granting leave to appeal
1989-02-10 Close file on Leave
1989-02-10 Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ottawa,ON)
1989-02-10 Notice of deposit of judgment issued to all parties, Mr. W.G. Burke-Robertson (Ottawa,ON)
1989-02-10 Notice of appeal, With service Kevin James Arkell
1989-02-02 Judgment of the Court on the application for leave to appeal, McI W So, The application for leave to appeal is granted.
Granted, no order as to costs
1989-02-02 Hearing of the application for leave to appeal, 1989-02-02, McI W So
1989-02-02 All materials on application for leave submitted to the Judges, 1989-02-02, McI W So
1988-11-07 All materials on application for leave submitted to the Judges, McI W So
1988-10-31 Order on motion to extend time, time to serve & file respondents memorandum of argument
1988-10-19 Response to motion to extend time, time to serve & file respondent's argument Kevin James Arkell
1988-10-19 Decision on motion to extend time, time to serve and file respondent's argument, L'HD
Granted, no order as to costs
1988-10-19 Hearing of motion to extend time, 1988-10-19, time to serve and file respondent's argument, L'HD
1988-10-19 Submission of motion to extend time, 1988-10-19, time to serve and file respondent's argument, L'HD
1988-10-13 Affidavit, time to serve and file Respondent's argument; J.D. Taylor Her Majesty the Queen
1988-10-13 Motion to extend time, time to serve and file Respondent's argument, with service Her Majesty the Queen
1988-10-04 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1988-09-01 Book of authorities, vols. 1,2,3 Kevin James Arkell
1988-09-01 $30.00 filing fee, receipt # 12848 Kevin James Arkell
1988-09-01 Application for leave to appeal, 6 copies, with service, Completed on: 1988-09-01 Kevin James Arkell

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
Arkell, Kevin James Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Manitoba Intervener Active
Attorney General of Canada Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: Arkell, Kevin James

Counsel
Name
Robert R. Lawler
Contact information
Considine & Lawler
700 - 880 DOUGLAS ST
VICTORIA, British Columbia
V8W 2B7
Telephone: (604) 381-7788
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO Box 466, Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Her Majesty the Queen

Counsel
Name
James D. Taylor, Q.C.
Contact information
Attorney General of British Columbia
601 - 17 CHURCH ST
NANAIMO, British Columbia
V9R 5H5
Telephone: (604) 755-2225
Agent
Name
W.G. Burke-Robertson, Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Manitoba

Counsel
Name
Marva J. Smith
Contact information
Attorney General of Manitoba
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-1951
FAX: (204) 945-0053
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
Name
Bruce A. Macfarlane, Q.C.
Contact information
Attorney General of Canada
110 - 450 BROADWAY
WINNIPEG, Manitoba
R3C 0V8
Telephone: (204) 945-8389

Party: Attorney General of Quebec

Counsel
Name
Jacques Gauvin
Contact information
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Alberta

Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Summary

Keywords

None.

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.

None.

Lower court rulings

November 22, 1984
Supreme Court of British Columbia

Not available

Conviction: First degree murder

June 15, 1988
Court of Appeal for British Columbia (Vancouver)

Not listed

Appeal dismissed

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13