Case information
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25435
Her Majesty the Queen v. Sidney Walwyn Wells
(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) |
|---|---|---|
| 1999-01-26 | Record returned to the Registrar of the Court of Appeal | |
| 1998-09-28 | Formal judgment sent to the registrar of the court of appeal and all parties, British Columbia (Vancouver) | |
| 1998-09-28 | Copy of formal judgment being prepared, all parties | |
| 1998-09-24 |
Judgment on re-hearing rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is dismissed and the order of the British Columbia Court of Appeal directing a new trial is confirmed, L'Heureux-Dubé and Bastarache JJ. dissenting. Dismissed, no order as to costs |
|
| 1998-09-24 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-08-25 | Correspondence (sent by the Court) to, (by fax) undated and handwritten from Mr. Wells sent to CJ L'HD G Co McL I Ma Ba Bi, Sept 3/98 | |
| 1998-05-29 | Correspondence (sent by the Court) to, from D. Frankel to A. Roland, letter dated May 26, 1998 re: enclosing 2 recent decisions in the Court of Appeal of B.C. (joint with 25561) sent to CJ L'HD G Co McL I Ma Ba Bi, June 3/98 | |
| 1998-03-30 | General proceeding, transcripts received and distributed to the judges (hearing on Dec.11, 1997, 50 pages and hearing on March 24, 1998, 51 pages) | |
| 1998-03-24 |
Re-hearing of the appeal, 1998-03-24, CJ L'HD G Co McL Ia Ma Ba Bi Judgment reserved |
|
| 1998-03-20 | Correspondence (sent by the Court) to, from Gowling re: A.G. Alberta will not attend the hearing of the appeal (joint with 25561) | |
| 1998-03-20 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1998-03-19 | Proof of service, of the intervener's factum (book form) (joint with 25561), with service | |
| 1998-03-18 | Intervener's factum, 23 copies (joint with 25561), Completed on: 1998-03-18 | Attorney General of Alberta |
| 1998-03-18 | Book of authorities, 12 copies (joint with 25561), with service, Completed on: 1998-03-18 | Attorney General of Canada |
| 1998-03-17 | Proof of service, of the P.G.Quebec's factum (joint with 25561) | |
| 1998-03-17 | Notice of appearance, (Jacques Gauvin et Joanne Marceau) | Attorney General of Quebec |
| 1998-03-17 | Proof of service, of the intervener's factum (book form) (joint with 25561), with service | |
| 1998-03-17 | Notice of appearance, of S. David Frankel, Q.C. (20 mins.) | Her Majesty the Queen |
| 1998-03-16 | Intervener's factum, 24 copies (joint with 25561), Completed on: 1998-03-16 | Attorney General of Quebec |
| 1998-03-13 | Correspondence (sent by the Court) to, from John Gordon to A. Roland re: to hear the Hodgson appeal first (joint with 25561) | |
| 1998-03-11 | Book of authorities, 10 copies, with service, Completed on: 1998-03-11 | Attorney General for Ontario |
| 1998-03-11 | Intervener's factum, 24 copies (see order dated Feb. 25, 1998), with service, Completed on: 1998-03-11 | Attorney General for Ontario |
| 1998-03-11 | Intervener's factum, 24 copies (see order dated Feb. 25, 1998) (joint with Hodgson), with service, Completed on: 1998-03-11 | Attorney General of Canada |
| 1998-03-04 | Order on motion for leave to intervene, (joint with 25561) | |
| 1998-03-02 | Correspondence (sent by the Court) to, from Henry Brown to Registrar, letter dated Feb. 27, 1998 re: adequacy of Rule 32 (jont with 25561) | |
| 1998-03-02 | Order on motion for leave to intervene | |
| 1998-02-27 | Order on motion for leave to intervene | |
| 1998-02-26 | Order on motion for leave to intervene, (joint avec 25561) | |
| 1998-02-25 |
Decision on motion to extend time, for leave to intervene, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion to extend time, 1998-02-25, for leave to intervene, McL | |
| 1998-02-25 | Submission of motion to extend time, 1998-02-25, for leave to intervene, McL | |
| 1998-02-25 |
Decision on the motion for leave to intervene, The intervener is allowed to file a joint factum (25435-25561) not to exceed 20 pages, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a joint factum (25435-25561) not to exceed 20 pages, McL | |
| 1998-02-25 | Submission of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a joint factum (25435-25561) not to exceed 20 pages, McL | |
| 1998-02-25 |
Decision on the motion for leave to intervene, The intervener is allowed to file a joint factum (25435-25561) not to exceed 25 pages and oral argument not to exceed 20 minutes, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a joint factum (25435-25561) not to exceed 25 pages and oral argument not to exceed 20 minutes, McL | |
| 1998-02-25 | Submission of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a joint factum (25435-25561) not to exceed 25 pages and oral argument not to exceed 20 minutes, McL | |
| 1998-02-25 |
Decision on the motion for leave to intervene, The intervener is allowed to file a factum not to exceed 30 pages and oral argument not to exceed 15 minutes, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a factum not to exceed 30 pages and oral argument not to exceed 15 minutes, McL | |
| 1998-02-25 | Submission of motion for leave to intervene, 1998-02-25, The intervener is allowed to file a factum not to exceed 30 pages and oral argument not to exceed 15 minutes, McL | |
| 1998-02-25 |
Decision on the motion for leave to intervene, l'intervenant peut produire un mémoire conjoint (25435-25561) n'excédant pas 20 pages et une plaidoirie orale ne dépassant pas 15 minutes, McL Granted, no order as to costs |
|
| 1998-02-25 | Hearing of motion for leave to intervene, 1998-02-25, l'intervenant peut produire un mémoire conjoint (25435-25561) n'excédant pas 20 pages et une plaidoirie orale ne dépassant pas 15 minutes, McL | |
| 1998-02-25 | Submission of motion for leave to intervene, 1998-02-25, l'intervenant peut produire un mémoire conjoint (25435-25561) n'excédant pas 20 pages et une plaidoirie orale ne dépassant pas 15 minutes, McL | |
| 1998-02-24 | Response to the motion for leave to intervene, (letterform by fax from Robert E. Houston, Q.C.) by the Attorney General for Alberta, Completed on: 1998-02-24 | Her Majesty the Queen |
| 1998-02-23 | Affidavit, Henry S. Brown, with service | Attorney General of Alberta |
| 1998-02-23 | Motion for leave to intervene, With service, Completed on: 1998-02-23 | Attorney General of Alberta |
| 1998-02-23 | Affidavit, for leave to initervene, with service | Attorney General of Alberta |
| 1998-02-23 | Motion to extend time, for leave to intervene, with service, Completed on: 1998-02-23 | Attorney General of Alberta |
| 1998-02-20 | $50.00 filing fee for notice of motion, (deducted from Justice account) | Attorney General of Canada |
| 1998-02-20 | Affidavit, S. David Frankel, Q.C.;2 copies, with service | Attorney General of Canada |
| 1998-02-20 | Motion for leave to intervene, 2 copies, with service, Completed on: 1998-02-20 | Attorney General of Canada |
| 1998-02-20 | Affidavit, for leave to intervene; 2 copies; S. David Frankel, Q.C., with service | Attorney General of Canada |
| 1998-02-20 | Motion to extend time, for leave to intervene; 2 copies, with service, Completed on: 1998-02-20 | Attorney General of Canada |
| 1998-02-13 | Correspondence (sent by the Court) to, from Gowlings; re: does not oppose nor consent to the intervention by the A.G. Ontario | |
| 1998-02-11 | Response to the motion for leave to intervene, by A. G. Ontario (Burke-Robertson), Completed on: 1998-02-11 | Her Majesty the Queen |
| 1998-02-11 | Affidavit, of Paul S. Lindsay - 2 copies, with service | Attorney General for Ontario |
| 1998-02-11 | Motion to file a lengthy factum, of 30 pages (joint motion) - 2 copies, with service, Completed on: 1998-02-11 | Attorney General for Ontario |
| 1998-02-11 | $50.00 filing fee for notice of motion, receipt no. 30110 | Attorney General for Ontario |
| 1998-02-11 | Motion for leave to intervene, (joint motion) - 2 copies, with service, Completed on: 1998-02-11 | Attorney General for Ontario |
| 1998-02-10 | Correspondence (sent by the Court) to, from Gowling, Strathy to A. Roland re: the respondent does not oppose nor consent to the intervention by A. G. Quebec | |
| 1998-02-06 | Response to the motion for leave to intervene, by A. G. Quebec (Burke-Robertson) (fax copy - letter form, joint with 25561), Completed on: 1998-02-06 | Her Majesty the Queen |
| 1998-02-04 | $50.00 filing fee for notice of motion, (deducted from P.G.Qc account) | Attorney General of Quebec |
| 1998-02-04 | Affidavit, Jacques Gauvin | Attorney General of Quebec |
| 1998-02-04 | Motion for leave to intervene, Completed on: 1998-02-04 | Attorney General of Quebec |
| 1998-02-04 | Affidavit, for leave to intervene; Jacques Gauvin | Attorney General of Quebec |
| 1998-02-04 | Motion to extend time, for leave to intervene, Completed on: 1998-02-04 | Attorney General of Quebec |
| 1998-02-02 |
Re-hearing scheduled, 1998-03-24 Judgment reserved |
|
| 1998-01-26 | Notice of appearance, (John Gordon) (fax copy) | Her Majesty the Queen |
| 1997-12-19 | General proceeding, 24 copies (AMENDED FACTUM), as per CJ's order at the hearing of the appeal (to be distributed), with service | Sidney Walwyn Wells |
| 1997-12-11 |
Judgment on the appeal rendered, - THE CHIEF JUSTICE (orally): A re-hearing is ordered to serve their facta on the Attorneys General in Canada, the case to be heard in the next term, CJ L'HD G Co McL Ma Ba Traversed, no order as to costs |
|
| 1997-12-11 |
Hearing of the appeal, 1997-12-11, CJ L'HD G Co McL Ma Ba Adjourned |
|
| 1997-12-01 | Correspondence (sent by the Court) to, from Gowling re: duration of argument | |
| 1997-11-27 | Book of authorities, 10 copies, Completed on: 1997-11-27 | Her Majesty the Queen |
| 1997-10-14 | Notice of appearance, of John Gordon and will take 1 hour for his submission | Her Majesty the Queen |
| 1997-10-06 | Service, copy of the respondent's Book of Authorities | |
| 1997-10-03 |
Appeal hearing scheduled, 1997-12-11 Adjourned |
|
| 1997-10-03 | Book of authorities, 9 copies (1 more copy requested), Completed on: 1997-10-03 | Sidney Walwyn Wells |
| 1997-05-13 | Appeal court record, (1 envelope) | |
| 1997-05-13 | Trial court record, 1 accordion file (to be sent back to: Prince George Law Courts, 250 George Street, Prince George, B.C., V2L 5S2) | |
| 1997-05-12 | Appeal perfected for hearing, Session beginning on 1997-10-06 | |
| 1997-05-12 | Respondent's factum, 24 copies, with service, Completed on: 1997-05-12 | Sidney Walwyn Wells |
| 1997-05-05 | Correspondence (sent by the Court) to, from John M. Gordon; requesting that the C.A. record be sent to SCC | |
| 1997-03-17 | Appellant's factum, 24 copies, with service, Completed on: 1997-03-17 | Her Majesty the Queen |
| 1997-01-22 | Certified casebook, vol. I & II | Her Majesty the Queen |
| 1997-01-22 | Case on appeal, 23 copies of vol. I & II | Her Majesty the Queen |
| 1996-12-09 | Correspondence (sent by the Court) to, sent to Patrick D. Angley (Vancouver, BC) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson | |
| 1996-12-09 | Correspondence (sent by the Court) to, sent to A.G. of B.C. enclosing copy of Rule 32 c.c. Burke-Robertson | |
| 1996-12-09 | Notice of deposit of judgment issued to all parties, Gowling, Stratny & Henderson | |
| 1996-12-09 | Notice of deposit of judgment issued to all parties, Burke-Robertson | |
| 1996-12-09 | Order granting leave to appeal | |
| 1996-12-06 | Notice of appeal, With service, Completed on: 1996-12-06 | Her Majesty the Queen |
| 1996-12-05 |
Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1996-08-20 | Applicant's reply to respondent's argument, 5 copies sent to LaF Co Ma, Aug 20/96, with service, Completed on: 1996-08-20 | Her Majesty the Queen |
| 1996-08-16 | All materials on application for leave submitted to the Judges, LaF Co Ma | |
| 1996-08-08 | Respondent's response on the application for leave to appeal, 5 copies, with service, Completed on: 1996-08-08 | Sidney Walwyn Wells |
| 1996-08-07 | Correspondence received from, sent to Patrick D. Angley (Vancouver, BC) enclosing copy of letter dated Aug 7/96 sent to applicant | |
| 1996-08-07 | Correspondence received from, sent to Burke-Robertson to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1996-07-26 | Correspondence received from, from J. Gordon to A. Rolland, letter dated July 23/96 re: Trial Court prohibited the publication of any identities of the complainants (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Her Majesty the Queen |
| 1996-07-26 | $50.00 filing fee, receipt no. 32390 | Her Majesty the Queen |
| 1996-07-26 | Application for leave to appeal, 5 copies (service admitted on July 24/96), with service, Completed on: 1996-07-26 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Wells, Sidney Walwyn | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Wells, Sidney Walwyn
Counsel
3RD FL
VANCOUVER, British Columbia
V6A 1B8
Telephone: (604) 684-5610
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: henry.brown@gowlings.com
Party: Attorney General of Quebec
Counsel
1200, Route de l'Église
9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 646-5412
Email: jmarceau@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General for Ontario
Counsel
720 BAY ST
10TH FL
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-4605
FAX: (416) 326-4656
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of Canada
Counsel
900 - 840 Howe St
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0211
FAX: (604) 666-1599
Agent
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
Party: Attorney General of Alberta
Counsel
9833 - 109th Street
3rd Floor
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5042
FAX: (780) 422-1106
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Summary
Keywords
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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.
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Lower court rulings
Supreme Court of British Columbia
x
Conviction: sexual assault and touchinga minor for a sexual purpose (two counts
Court of Appeal for British Columbia (Vancouver)
CA019585
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
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