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.
31546
Robert Albert Gibson v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 2008-04-21 | Appeal closed | |
| 2008-04-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-04-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-04-17 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 237840, 2006 NSCA 51, dated April 28, 2006, and the appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0401-0297-A, 2006 ABCA 177, dated June 15, 2006, heard on October 15, 2007, are dismissed. Mr. Gibson’s order for a new trial is confirmed and Mr. MacDonald’s conviction is upheld. Binnie and Deschamps JJ. are dissenting. Dismissed |
|
| 2007-10-30 | Transcript received, (41 pages) | |
| 2007-10-15 | Judgment reserved OR rendered with reasons to follow | |
| 2007-10-15 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2007-10-15 | Appellant's condensed book, Submitted in Court (14 copies) | Robert Albert Gibson |
| 2007-10-15 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-10-15 |
Hearing of the appeal, 2007-10-15, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-10-03 | Notice of appearance, Stanley W. MacDonald and Joshua M. Arnold will be present at the hearing | Robert Albert Gibson |
| 2007-10-02 | Notice of appearance, William Delaney and Frank Hoskins will be present at the hearing. | Her Majesty the Queen |
| 2007-09-27 | Notice of appearance, Philip Perlmutter and James Palangio will be present at the hearing. | Attorney General of Ontario |
| 2007-09-10 | Correspondence received from, M.-F. Major dated Sept. 10/07 re: enclosing missing pages from Tab 4 of the Record (pages sent to the judges Sept. 11/07) | Robert Albert Gibson |
| 2007-09-06 |
Order by, Ro, (Joint with 31613, MacDonald v. R.) FURTHER TO THE ORDERS dated May 14 and June 4, 2007, in which Rothstein 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 fifteen (15) minutes at the hearing of these appeals. Granted |
|
| 2007-08-23 | Correspondence received from, joint with #31613, Mr. Perlmutter dated aug-20-07, re: page 6 change in intervener's factum; c.c. to the parties (sent to the court aug-23-07) | Attorney General of Ontario |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-10-15 Judgment reserved |
|
| 2007-07-06 | Intervener's book of authorities, (Joint with 31613), Completed on: 2007-07-06 | Attorney General of Ontario |
| 2007-07-06 | Intervener's factum, (Joint with 31613), Completed on: 2007-07-06 | Attorney General of Ontario |
| 2007-07-03 | General proceeding, (notice of change of agent)(from McLaren Corlett to Gowlings) | Her Majesty the Queen |
| 2007-06-05 | Appeal perfected for hearing | |
| 2007-06-04 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2007-06-04 |
Decision on the motion for leave to intervene, Ro, 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 single joint factum not to exceed 20 pages in length with the appeal Martin Foster MacDonald v. Her Majesty the Queen (31613). 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 |
|
| 2007-06-04 | Submission of motion for leave to intervene, Ro | |
| 2007-06-01 | Respondent's record, Completed on: 2007-06-01 | Her Majesty the Queen |
| 2007-06-01 | Respondent's book of authorities, Completed on: 2007-06-01 | Her Majesty the Queen |
| 2007-06-01 | Respondent's factum, CD returned, rec'd June 15, 2007, Completed on: 2007-06-15 | Her Majesty the Queen |
| 2007-05-17 | Response to the motion for leave to intervene, (Letter Form), from S. Grace dated May 17, 2007 (fax copy), Completed on: 2007-05-17 | Her Majesty the Queen |
| 2007-05-16 | Response to the motion for leave to intervene, e-mail from Marie-France Major dated May 16/07, Completed on: 2007-05-16 | Robert Albert Gibson |
| 2007-04-30 | Motion for leave to intervene, Completed on: 2007-04-30 | Attorney General of Ontario |
| 2007-04-10 | Appellant's record, Completed on: 2007-04-10 | Robert Albert Gibson |
| 2007-04-10 | Appellant's book of authorities, Completed on: 2007-04-10 | Robert Albert Gibson |
| 2007-04-10 | Appellant's factum, Completed on: 2007-04-10 | Robert Albert Gibson |
| 2007-01-15 | Notice of appeal, Completed on: 2007-01-15 | Robert Albert Gibson |
| 2007-01-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-12-15 | Judgment on leave sent to the parties | |
| 2006-12-14 |
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 Nova Scotia Court of Appeal, Number CAC 237840, 2006 NSCA 51, dated April 28, 2006, are granted. The appeal is to be heard with Martin Foster MacDonald v. Her Majesty the Queen (31613) Granted |
|
| 2006-12-14 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2006-10-30 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2006-10-30 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cha Ro | |
| 2006-10-04 | Applicant's reply to respondent's argument, Completed on: 2006-10-04 | Robert Albert Gibson |
| 2006-09-27 | Respondent's response on the application for leave to appeal, Completed on: 2006-09-27 | Her Majesty the Queen |
| 2006-08-18 | Order on motion to extend time | |
| 2006-08-18 |
Decision on motion to extend time, to serve and file the respondent's response to Sept. 29/06, DeRg Granted |
|
| 2006-08-17 | Submission of motion to extend time, DeRg | |
| 2006-08-15 | Response to motion to extend time, (Letter Form), from Michael S. Taylor dated July 28/06, Completed on: 2006-08-15 | Robert Albert Gibson |
| 2006-08-15 | Motion to extend time, to file the respondent's response to Sept. 29/06, Completed on: 2006-08-15 | Her Majesty the Queen |
| 2006-07-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2006-07-26 | Motion to extend the time to file and or serve the application for leave to appeal, Included in Leave Application., Completed on: 2006-07-27 | Robert Albert Gibson |
| 2006-07-26 | Application for leave to appeal, Trial Court order missing - confirmed with counsel on July 31/06 that there is no order available, Completed on: 2006-07-31 | Robert Albert Gibson |
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 |
|---|---|---|
| Gibson, Robert Albert | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Gibson, Robert Albert
Counsel
Michael S. Taylor
Stanley MacDonald
Pressé Masson
Garson Pink
306-5670 Spring Garden Road
Halifax, Nova Scotia
B3J 1H6
Telephone: (902) 423-2050
FAX: (902) 423-4690
Email: jarnold@apmlawyers.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen
Counsel
Frank Hoskins, Q.C.
Maritime Centre
1225 - 1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6795
FAX: (902) 424-0653
Email: delanewd@gov.ns.ca
Agent
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: Attorney General of Ontario
Counsel
James Palangio
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-5922
FAX: (416) 326-4656
Email: Philip.perlmutter@jus.gov.on.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) - Evidence - Operation of vehicle with blood alcohol concentration exceeding legal limit - Statutory presumption of identity - Rebutting presumption with evidence tending to show that the concentration of alcohol in the blood did not exceed the legal limit - Whether the Court of Appeal erred in its interpretation of R. v. Boucher, [2005] 3 S.C.R. 499, 2005 SCC 72 - Whether the Court of Appeal erred in applying scientific principles, the foundation for which was not before the Court - Whether the Court of Appeal erred by effectively removing the statutory defence of evidence to the contrary.
The Applicant was acquitted of operating a vehicle while having 100 milligrams of alcohol per 100 millilitres of blood. He testified concerning his alcohol consumption immediately preceding the offence and his testimony was corroborated by another witness. An expert witness for the defence estimated that, based on the alcohol absorption and elimination rates of the general population, someone of the Applicant’s weight, who had consumed the stated quantities of alcohol would have between 40 and 105 milligrams of alcohol per 100 millilitres of blood at the time of the offence.
Lower court rulings
Provincial Court of Nova Scotia
1339511
Applicant acquitted of impaired driving under s. 253(b) of the Criminal Code
Supreme Court of Nova Scotia, Trial Division
S.K. 222870
Appeal dismissed
Nova Scotia Court of Appeal
CAC 237840, 2006 NSCA 51
Leave to appeal granted; appeal allowed; acquittal set aside and 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
Not available