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.
31447
Andre Omar Steele 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-07-23 | Appeal closed | |
| 2007-07-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-07-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-07-20 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA032810, 2006 BCCA 114, dated March 8, 2006, heard on April 27, 2007, is dismissed and the appellant's conviction under s. 85(1) of the Criminal Code is affirmed. Dismissed |
|
| 2007-05-23 | Transcript received, (59 pages) | |
| 2007-04-27 | Judgment reserved OR rendered with reasons to follow | |
| 2007-04-27 | Supplemental document, Reasons from Reilly v. Walter, 2007 ABCA 52 - Submitted in Court (15 copies), Completed on: 2007-04-27 | Andre Omar Steele |
| 2007-04-27 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-04-27 |
Hearing of the appeal, 2007-04-27, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-04-12 | Notice of appearance, Phillip Rankin and Brent Olthuis will be present at the hearing. | Andre Omar Steele |
| 2007-04-12 | Notice of appearance, Mary Ainslie and Mike Brundrett will be present at the hearing. | Her Majesty the Queen |
| 2007-04-12 | Notice of appearance, Jennifer Woollcombe will be present at the hearing. | Attorney General for Ontario |
| 2007-04-10 |
Order by, De, FURTHER TO THE ORDER dated February 15, 2007, in which Deschamps J. granted leave to intervene to the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2007-04-05 | Intervener's book of authorities, Completed on: 2007-04-05 | Attorney General for Ontario |
| 2007-04-05 | Intervener's factum, Completed on: 2007-04-05 | Attorney General for Ontario |
| 2007-03-27 | Order on motion to extend time | |
| 2007-03-27 |
Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities to Mar. 1/07 and to present oral argument at the hearing of the appeal, Abe Granted |
|
| 2007-03-27 | Submission of motion to extend time, Abe | |
| 2007-03-14 | Notice of hearing sent to parties | |
| 2007-03-13 |
Appeal hearing scheduled, 2007-04-27, (previously Mar. 29/07) Judgment reserved |
|
| 2007-03-12 | Response to motion to extend time, e-mail from Gowlings dated March 9/07, Completed on: 2007-03-12 | Andre Omar Steele |
| 2007-03-09 | Motion to extend time, to file the respondent's record, factum and authorities to March 1/07, Completed on: 2007-03-09 | Her Majesty the Queen |
| 2007-03-01 | Respondent's book of authorities, (table of contents rec'd Mar. 7/07)((extension of time rec'd March 907), Completed on: 2007-03-09 | Her Majesty the Queen |
| 2007-03-01 | Respondent's record, (extension of time rec'd March 9/07), Completed on: 2007-03-09 | Her Majesty the Queen |
| 2007-03-01 | Respondent's factum, (ext. of time rec'd March 9/07), Completed on: 2007-03-09 | Her Majesty the Queen |
| 2007-02-27 | Appeal perfected for hearing | |
| 2007-02-15 | Letter sent to Intervener(s) | |
| 2007-02-15 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2007-02-15 |
Decision on the motion for leave to intervene, De, The motion for leave to intervene of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 5, 2007. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be 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) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2007-02-15 | Submission of motion for leave to intervene, De | |
| 2007-02-02 | Response to the motion for leave to intervene, (Letter Form), from B. Olthuis dated Feb. 2, 2007, Completed on: 2007-02-02 | Andre Omar Steele |
| 2007-01-29 | Order on motion to extend time | |
| 2007-01-29 |
Decision on motion to extend time, to serve and file the appellant's book of authorities to Jan. 26/07, Reg Granted |
|
| 2007-01-29 | Submission of motion to extend time, Reg | |
| 2007-01-29 | Response to motion to extend time, (Letter Form), from Mary T. Ainslie dated Jan. 26/07, Completed on: 2007-01-29 | Her Majesty the Queen |
| 2007-01-26 | Response to the motion for leave to intervene, (Letter Form), from Mary T Ainslie dated Jan. 26/07, Completed on: 2007-01-29 | Her Majesty the Queen |
| 2007-01-26 | Motion to extend time, to file the authorities to Jan. 26, 2007, Completed on: 2007-01-26 | Andre Omar Steele |
| 2007-01-26 | Appellant's book of authorities, vol. 1 and 2, Completed on: 2007-01-26 | Andre Omar Steele |
| 2007-01-25 | Motion for leave to intervene, Completed on: 2007-01-25 | Attorney General for Ontario |
| 2007-01-02 | Appellant's factum, Completed on: 2007-01-02 | Andre Omar Steele |
| 2006-12-06 | Appellant's record, (Vol. I and II), Completed on: 2006-12-06 | Andre Omar Steele |
| 2006-11-10 | Correspondence received from, Mr. Rankin dated Nov. 10/06 re: request for hearing in Fall 2007(Mr. Rankin agreed to the date of Apr. 27/07) | Andre Omar Steele |
| 2006-11-07 | Correspondence received from, Mr. Rankin dated Nov. 7/06 re: availabilities for hearing in the Fall 07 (c.c. to all parties) | Andre Omar Steele |
| 2006-10-26 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-10-10 | Notice of appeal, Completed on: 2006-10-12 | Andre Omar Steele |
| 2006-09-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-09-22 | Judgment on leave sent to the parties | |
| 2006-09-21 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA032810, 2006 BCCA 114, dated March 8, 2006, are granted. Granted |
|
| 2006-09-21 |
Decision on motion to extend time to file and /or serve the leave application, CJ Cha Ro Granted |
|
| 2006-07-10 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2006-07-10 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cha Ro | |
| 2006-06-09 | Respondent's response on the application for leave to appeal, Completed on: 2006-06-09 | Her Majesty the Queen |
| 2006-05-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-05-10 | Motion to extend the time to file and or serve the application for leave to appeal, (included in application), Completed on: 2006-05-10 | Andre Omar Steele |
| 2006-05-10 | Application for leave to appeal, Completed on: 2006-05-10 | Andre Omar Steele |
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 |
|---|---|---|
| Steele, Andre Omar | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General for Ontario | Intervener | Active |
Counsel
Party: Steele, Andre Omar
Counsel
Gabriel Chand
Brent B Olthuis
200 - 157 Alexander Street
Vancouver, British Columbia
V6A 1B8
Telephone: (604) 682-3621
FAX: (604) 682-3919
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Mike J. Brundrett
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: mary.ainslie@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General for Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4604
FAX: (416) 326-4656
Email: jennifer.woollcombe@ontario.ca
Agent
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.
Criminal law (non-Charter) - Offences - Firearms - Whether accused should have been convicted of use of a firearm while committing break and enter of a dwelling house if firearm was located in vehicle outside dwelling house - Whether "use of a firearm" includes a situation in which a firearm is "proximate for future use".
A woman saw three intruders in the backyard of a neighbour's dwelling house, challenged them and frightened them away. The Appellant's thumb print was found at the scene of an attempted break and enter. Ten days later, four individuals broke into the same house. They awakened three residents. One intruder said "Don't move ... We have a gun ... Where are the drugs?" Another said "Where are the drugs? ... Get the gun ... Get the gun." Another said "Get the gun out." The intruders fled. None of the residents identified the Appellant as one of the intruders or testified that they saw a gun, although they testified that they saw some of the intruders holding objects about the size of a gun. The residents gave the police a description of the get-away car and a few minutes after the break and enter, the police stopped a vehicle matching the description. Four individuals, including the Appellant, were inside the vehicle. The police found a loaded pistol in the vehicle.
The trial judge held it was a reasonable inference that the occupants of the vehicle were the intruders and that they had the gun with them during the break and enter. The Appellant was convicted of multiple offences, including use of a firearm while committing an indictable offence, for which he was sentenced to a one-year jail term to be served consecutively to all other sentences. The Crown conceded on the appeal that it also was a reasonable inference that the gun might have been in the get-away vehicle during the break and enter. Section 85(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46, states that "Every person commits an offence who uses a firearm while committing an indictable offence ...". The Court of Appeal held "uses a firearm" includes having a firearm "proximate for future use".
Lower court rulings
Supreme Court of British Columbia
X066146-2
Applicant convicted of attempted break and enter, break and enter, use of a firearm while committing an indictable offence, unauthorized possession of a loaded firearm, and possession of a firearm while prohibited
Court of Appeal for British Columbia (Vancouver)
CA032810, 2006 BCCA 114
Applicant's 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
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
Not available