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24335

Robert Scott Terry 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)
1996-09-24 Appeal closed
1996-07-05 Record returned to the Registrar of the Court of Appeal, (1 env. & 1 box)
1996-07-05 Correspondence (sent by the Court) to, 1 box of their record
1996-07-03 Copy of formal judgment being prepared, Burke-Robertson
1996-07-03 Copy of formal judgment being prepared, A.G. of Canada
1996-07-03 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-07-03 Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver)
1996-05-31 Notice of deposit of judgment sent to all parties, Burke-Robertson
1996-05-31 Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON)
1996-05-31 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson
1996-05-30 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is dismissed.
Dismissed, no order as to costs
1996-03-05 General proceeding, transcripts received and distributed to the judges (128 pages)
1996-02-20 Supplemental document, 10 copies of APPELLANT'S CONDENSED BOOK OF AUTHORITIES (P.S. RECEIVED AT 11.30 A.M. ON THE HEARING DAY) sent to CJ LaF L'HD So G Co McL I Ma, Feb 20/96 Robert Scott Terry
1996-02-20 Hearing of the appeal, 1996-02-20, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1996-02-19 General proceeding, to note 10 copies of Exerpts of Evidence and Exhibits, with service Robert Scott Terry
1996-02-16 Book of authorities, 10 copies of APPELLANT'S BOOK OF AUTHORITY IN REPLY TO FACTUM OF RESPONDENT, sent to CJ LaF L'HD So G Co McL I Ma, Feb 19/96, Completed on: 1996-02-16 Robert Scott Terry
1996-02-16 Supplemental document, 10 copies of APPELLANT'S CONDENSED BOOK OF AUTHORITIES IN REPLY TO FACTUM OF INTERVENER A.G. CANADA sent to CJ LaF L'HD So G Co McL I Ma, Feb 19/96 Robert Scott Terry
1996-02-16 Reply factum on appeal, 24 copies (see order dated March 31/95) (REPLY FO FACTUM OF INTERVENER A.G. CANADA) sent to CJ LaF L'HD So G Co McL I Ma, Feb 19/96, Completed on: 1996-02-16 Robert Scott Terry
1996-02-16 Reply factum on appeal, 24 copies (REPLY TO FACTUM OF RESPONDENT, MOTION REQUESTED) sent to CJ LaF L'HD So G Co McL I Ma, Feb 19/96, Completed on: 1996-02-16 Robert Scott Terry
1996-02-16 Correspondence (sent by the Court) to, of Gowlings re: duration of argument
1996-02-16 Book of authorities, 10 copies, with service, Completed on: 1996-02-16 Attorney General of Canada
1996-02-13 Correspondence (sent by the Court) to, from Robert Frater; re: S. David Frankel, Q.C. and Kimberly Prost will appear at the hearing of Feb. 20/96 and Mr. Frankel will take 30 mins.
1996-02-05 Response to motion to extend time, to file the A.G. of Canada factum to Jan. 31/96, Completed on: 1996-02-05 Her Majesty the Queen
1996-02-05 Response to motion to extend time, to file the A.G. of Canada factum to Jan. 31/96, Completed on: 1996-02-05 Robert Scott Terry
1996-02-05 Order on motion to extend time, to file the factum
1996-02-05 Decision on motion to extend time, to file the factum to Jan 31/96, Reg
Granted, no order as to costs
1996-02-05 Hearing of motion to extend time, 1996-02-05, to file the factum to Jan 31/96, Reg
1996-02-05 Submission of motion to extend time, 1996-02-05, to file the factum to Jan 31/96, Reg
1996-02-02 Book of authorities, 10 copies, with service, Completed on: 1996-02-02 Her Majesty the Queen
1996-01-31 Book of authorities, 10 copies, with service, Completed on: 1996-01-31 Attorney General of Canada
1996-01-31 Intervener's factum, 24 copies, with service, Completed on: 1996-01-31 Attorney General of Canada
1996-01-31 Affidavit, to file the intervener's factum (of S. David Frankel), with service Attorney General of Canada
1996-01-31 $50.00 filing fee for notice of motion, to extend time taken from Justice account Attorney General of Canada
1996-01-31 Motion to extend time, to file the intervener's factum, with service, Completed on: 1996-01-31 Attorney General of Canada
1996-01-17 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1996-01-12 Notice of hearing Robert Scott Terry
1996-01-03 Appeal hearing scheduled, 1996-02-20
Decision reserved
1995-10-10 Respondent's factum, 24 copies (appellant's factum served on Aug. 14/95, with service Her Majesty the Queen
1995-08-29 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1995-08-29 Order on motion to extend time, to file case on appeal
1995-08-29 Order on motion to expedite the appeal
1995-08-28 Certified casebook, vol. I to V Robert Scott Terry
1995-08-28 Appeal perfected for hearing, Session beginning on 1996-01-22
1995-08-28 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, re: setting this case down for the Fall 1995 session
Dismissed, no order as to costs
1995-08-28 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-08-28, re: setting this case down for the Fall 1995 session
1995-08-28 Hearing of motion to expedite the appeal, 1995-08-28, re: setting this case down for the Fall 1995 session
1995-08-28 Submission of motion to expedite the appeal, 1995-08-28, re: setting this case down for the Fall 1995 session
1995-08-28 Decision on motion to extend time, to July 31/95 to file case on appeal, CJ
Granted, no order as to costs
1995-08-28 Hearing of motion to extend time, 1995-08-28, to July 31/95 to file case on appeal, CJ
1995-08-28 Submission of motion to extend time, 1995-08-28, to July 31/95 to file case on appeal, CJ
1995-08-28 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, CJ
Granted, no order as to costs
1995-08-28 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-08-28, CJ
1995-08-28 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-08-28, CJ
1995-08-28 Proof of service, of the appellant's factum
1995-08-28 Proof of service, of the Case on Appeal
1995-08-18 Response to motion to extend time, to file the case on appeal Her Majesty the Queen
1995-08-18 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause Her Majesty the Queen
1995-08-14 Affidavit, of Russell W. Cornett (re: joint with motion that the appeal not be deemed abandoned), with service Robert Scott Terry
1995-08-14 Motion to extend time, to file the case on appeal and appellant's factum (joint with motion not be deemed abandoned), with service Robert Scott Terry
1995-08-14 Affidavit, of Russell W. Cornett (re: joint for motion to extend the time), with service Robert Scott Terry
1995-08-14 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (joint with motion to extend the time), with service Robert Scott Terry
1995-07-31 Case on appeal, 24 copies of vol. 1 to 5 Robert Scott Terry
1995-07-14 Correspondence (sent by the Court) to, from Gowling, Strathy to D. Beaulieu, letter dated July 14, 1995 (fax copy) re: case on appeal will be filed shortly and an application pursuant to s. 695 will be made
1995-07-05 Proof of service, of the appellant's factum (service admitted on July 5, 1995) - book form
1995-06-29 Appellant's factum, 23 copies (returned for correction today) (BACK FORM CORRECTION ON AUG. 14, 1995) Robert Scott Terry
1995-06-13 Appeal court record, (1 box from Prince George, B.C.)
1995-06-12 Appeal court record, (1 large envelope)
1995-05-30 Appeal court record, (1 small box)
1995-03-31 Decision on the motion for leave to intervene, the factum be limited to 30 pages, and that oral argument be limited to 30 minutes. The appellant is authorized to file a reply factum, if so advised, McL
Granted, no order as to costs
1995-03-31 Hearing of motion for leave to intervene, 1995-03-31, the factum be limited to 30 pages, and that oral argument be limited to 30 minutes. The appellant is authorized to file a reply factum, if so advised, McL
1995-03-31 Submission of motion for leave to intervene, 1995-03-31, the factum be limited to 30 pages, and that oral argument be limited to 30 minutes. The appellant is authorized to file a reply factum, if so advised, McL
1995-03-20 Correspondence (sent by the Court) to, fromo Henry Brown re: will consent to Att. Gen. of Canada having 30 minutes oral argument, but only on condition that the appellant be given an additional 15 minutes
1995-03-16 Response to the motion for leave to intervene, of the Attorney General of Canada Her Majesty the Queen
1995-03-16 Correspondence (sent by the Court) to, from Burke-Robertson to D. Beaulieu re: letter dated March 15, 1995 - the respondent will require a full 8 weeks for the preparation of his factum
1995-03-14 Response to the motion for leave to intervene, of the Attorney General of Canada BUT ON THE BASIS of a factum of 20 pages and oral arguments of 20 minutes (letterform) Robert Scott Terry
1995-03-10 Affidavit, (of S. David Frankel, Q.C.) 2 copies (bookform), with service Attorney General of Canada
1995-03-10 Motion for leave to intervene, 2 copies (bookform), with service Attorney General of Canada
1995-02-24 Order granting leave to appeal
1995-02-24 Correspondence (sent by the Court) to, sent to Lugosi & Company (Prince George, BC) re: subsection 695(2) c.c. A.G. of BC and Burke-Robertson
1995-02-22 Correspondence (sent by the Court) to, sent to Lugosi & Company (Prince George, BC) enclosing copy of Rule 32
1995-02-22 Correspondence (sent by the Court) to, sent to A.G. of BC enclosing copy of Rule 32 c.c. Burke-Robertson
1995-02-17 Notice of appeal, With service Robert Scott Terry
1995-02-03 Notice of deposit of judgment issued to all parties, Burke-Robertson
1995-02-03 Notice of deposit of judgment issued to all parties, Lugosi & Company (Prince George, BC)
1995-02-02 Judgment of the Court on the application for leave to appeal, CJ G Ia, The application for leave to appeal is granted. The application for appointment of counsel is adjourned sine die pending an application by appellant to the British Columbia Legal Aid system and a decision thereon.
Granted, no order as to costs
1994-11-03 Correspondence received from, sent to Lugosi & Company (Prince George, BC) enclosing receipt for $30. filing fee
1994-11-03 All materials on application for leave submitted to the Judges, CJ G Ia
1994-10-31 $30.00 filing fee, receipt no. 21179 Robert Scott Terry
1994-10-28 Respondent's response on the application for leave to appeal, 5 copies (service admitted on Oct. 28/94) Her Majesty the Queen
1994-10-24 Proof of service, of leave application
1994-10-21 Correspondence received from, sent to Lugosi & company (Prince George, BC) to acknowledge receipt of application for leave to appeal
1994-10-21 Correspondence received from, sent to Burke-Robertson (Ottawa, ON) enclosing copy of letter dated Oct 21/94 sent to applicant
1994-10-14 Application for leave to appeal, 5 copies (filing fee missing), with service, Completed on: 1994-10-31 Robert Scott Terry

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
Terry, Robert Scott 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 Canada Intervener Active

Counsel

Party: Terry, Robert Scott

Counsel
Name
Charles Lugosi
Contact information
Lugosi & Company
201 - 411 QUEBEC ST
PRINCE GEORGE, British Columbia
V2L 1W5
Telephone: (604) 564-1000
FAX: (604) 564-9000
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
William F. Ehrcke, Q.C.
Contact information
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
Name
S. David Frankel, Q.C.
Contact information
Attorney General of Canada
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
Name
Robert Frater
Contact information
Attorney General of Canada, Department of Justice Canada
East Memorial Bldg, Service Centre
284 Wellington St 2nd Fl
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

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

June 15, 1994
Court of Appeal for British Columbia (Vancouver)

CA013910

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

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Webcasts

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Date modified: 2025-05-13