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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.


27831

Alfred Dutra v. Her Majesty the Queen

(British Columbia) (Criminal) (As of Right)

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)
2001-06-28 Record returned to the Registrar of the Court of Appeal, + Trial Court
2001-06-18 Appeal closed
2001-06-18 Formal judgment sent to the registrar of the court of appeal and all parties
2001-06-05 Copy of formal judgment being prepared
2001-05-18 Notice of deposit of judgment sent to all parties
2001-05-16 Judgment on the appeal rendered, Ia Ba Bi Arb LeB, Iacobucci J. (orally): Mr. Ray, you could not have done more for your client. Mr. Bell, it will not be necessary to hear from you as the Court is ready to deliver judgment.
This is an appeal as of right which raises questions under s. 11(b) of the Canadian Charter of Rights and Freedoms dealing with unreasonable delay. These questions involve well- established principles as expressed in the governing jurisprudence. We look to courts of appeal to be vigilant in supervising their application in given cases. We are all concerned with the length of the delay in light of the restrictive bail conditions imposed in this case, and in particular with the fact, agreed to by the parties and confirmed by the British Columbia Court of Appeal, that in 1996 a trial date for a two-day trial could not be obtained in the provincial court in less than a year. However, in the final analysis we can find no error in the disposition made by the British Columbia Court of Appeal that warrants our intervention. Accordingly, we dismiss the appeal and deny the appellant's request for costs.
Dismissed, no order as to costs
2001-05-16 Hearing of the appeal, 2001-05-16, (V047), Ia Ba Bi Arb LeB
Judgment rendered
2001-05-16 Acknowledgement and consent for video taping of proceedings
2001-05-14 Notice of appearance Her Majesty the Queen
2001-05-14 Trial court record, (1 envelope)
2001-05-07 Book of authorities, (supplemental), Completed on: 2001-05-07 Alfred Dutra
2001-05-03 Appeal court record, (1 envelope)
2001-03-27 Order on motion to extend time
2001-03-27 Decision on motion to extend time, Reg, to serve & file the appellant's book of authorities to Feb. 28, 2001, nunc pro tunc.
Granted, no order as to costs
2001-03-27 Submission of motion to extend time, Reg
2001-03-22 Notice of hearing Alfred Dutra
2001-03-19 Motion to extend time, to serve and file the Book of Authorities to Feb. 28/01(1 copy), Completed on: 2001-03-19 Alfred Dutra
2001-03-16 Appeal hearing scheduled, 2001-05-16
Judgment rendered
2001-02-28 Appellant's book of authorities, (extension of time requested), Completed on: 2001-02-28 Alfred Dutra
2001-02-27 Decision on motion to extend time, Reg, to serve and file the respondent's factum and book of authorities to Feb. 6, 2001.
Granted, no order as to costs
2001-02-27 Submission of motion to extend time, Reg
2001-02-16 Motion to extend time, to serve and file the Factum and Book of Authorities to Feb. 6/01 (1 copy), Completed on: 2001-02-16 Her Majesty the Queen
2001-02-06 Respondent's book of authorities, Completed on: 2001-02-06 Her Majesty the Queen
2001-02-06 Respondent's factum, (extension of time requested), Completed on: 2001-02-06 Her Majesty the Queen
2001-02-06 Correspondence received from, Gowlings re: notice of change of address Alfred Dutra
2000-12-15 Appeal perfected for hearing, Session beginning on 2001-04-17
2000-12-07 Order on motion to extend time
2000-12-07 Decision on motion to extend time, DeRg, to serve & file the appellant's factum to Oct. 20, 2000, nunc pro tunc.
Granted, no order as to costs
2000-12-07 Submission of motion to extend time, DeRg
2000-11-29 Motion to extend time, to file the factum to Oct. 20, 2000 - 1 copy, Completed on: 2000-11-29 Alfred Dutra
2000-10-20 Appellant's factum, (extension of time requested), Completed on: 2000-10-20 Alfred Dutra
2000-07-17 Appellant's record, vol. I to III, Completed on: 2000-07-26 Alfred Dutra
2000-06-12 Decision on the motion to quash the appeal, (V048), Ma Ba Bi Arb LeB, The motion to quash is dismissed.
Dismissed, no order as to costs
2000-05-30 Book of authorities, on motion to QUASH (sent to panel on June 1/00), Completed on: 2000-05-30 Alfred Dutra
2000-05-29 Book of authorities, on motion to QUASH (sent to panel on May 30/00), Completed on: 2000-05-29 Her Majesty the Queen
2000-05-26 Submission of motion to quash, 2000-06-12, to panel, Ma Ba Bi Arb LeB
2000-05-26 Response to the motion to quash, Completed on: 2000-05-26 Alfred Dutra
2000-05-17 Correspondence received from, Gowling, Strathy re: wishes to appear by video conference from Vancouver on the motion to quash on June 12, 2000 Alfred Dutra
2000-05-10 Motion to quash, (10 copies)(new covers, style of cause to be amended and service requested)(new covers received on May 16, 2000), Completed on: 2000-05-29 Her Majesty the Queen
2000-04-04 Letter acknowledging receipt of notice of appeal
2000-03-27 Notice of appeal, (service and reasons requested - filed Apr. 12/00 with C/A Order), Completed on: 2000-04-12 Alfred Dutra

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
Dutra, Alfred Appellant Active

v.

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

Counsel

Party: Dutra, Alfred

Counsel
Name
Jeffrey R. Ray
Contact information
Dickey, Browning, Ray, Soga, Dunne
203 - 668 Carnarvon Street
New Westminster, British Columbia
V3M 5Y6
Telephone: (604) 526-4525
FAX: (604) 526-8595
Email: jrray@uniserve.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Her Majesty the Queen

Counsel
Name
W.J. Scott Bell
Contact information
Attorney General of British Columbia
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

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, 1998
Supreme Court of British Columbia

x049655

application denied

June 25, 1998
Supreme Court of British Columbia

x049655

guilty on count 1 and 2

March 3, 2000
Court of Appeal for British Columbia (Vancouver)

CA025647

appeal against conviction 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

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Date modified: 2025-05-13