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.
32325
Jodh Singh Sahota v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-01-30 | Appeal closed | |
| 2009-01-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-01-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-01-22 |
Judgment on the appeal rendered, Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA031931, 2007 BCCA 50, dated January 29, 2007, heard on March 28, 2008, is dismissed. Dismissed |
|
| 2008-04-08 | Transcript received, (133 pages) | |
| 2008-04-04 | Correspondence received from, from Gowling (fax) (dated April 4/08), re.: response to letter dated April 1/08 (sent to judges on April 10/08) | Jodh Singh Sahota |
| 2008-04-02 | Correspondence received from, (Letter Form), from Marian K. Brown (dated April 1/08, original rec'd April 8/08), re.: existing publication ban (sent to judges on April 10/08) | Her Majesty the Queen |
| 2008-03-28 | Judgment reserved OR rendered with reasons to follow | |
| 2008-03-28 | Respondent's condensed book, Submitted in Court - Joint with 31933 (14 copies) | Her Majesty the Queen |
| 2008-03-28 | Appellant's condensed book, Submitted in Court (14 copies) | Jodh Singh Sahota |
| 2008-03-28 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2008-03-28 |
Hearing of the appeal, 2008-03-28, Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2008-03-26 | Notice of appearance, Gil Mckinnon and Patrick McGowan will be present at the hearing. | Jodh Singh Sahota |
| 2008-03-18 | Appeal perfected for hearing | |
| 2008-03-17 | Order on motion to extend time | |
| 2008-03-17 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to Mar. 12/08 and to present oral argument at the hearing of the appeal, LeB Granted |
|
| 2008-03-14 | Submission of motion to extend time, LeB | |
| 2008-03-13 | Notice of appearance, Bruce Johnstone and Marian Brown will be present at the hearing. | Her Majesty the Queen |
| 2008-03-12 | Respondent's book of authorities, Completed on: 2008-03-12 | Her Majesty the Queen |
| 2008-03-12 | Respondent's factum, Completed on: 2008-03-12 | Her Majesty the Queen |
| 2008-03-12 | Response to motion to extend time, Completed on: 2008-03-12 | Her Majesty the Queen |
| 2008-03-12 | Motion to extend time, to serve and/or file the respondent's factum & book of authorities, Completed on: 2008-03-12 | Her Majesty the Queen |
| 2008-03-10 | Notice of appearance, Gil McKinnon will be present at the hearing | Her Majesty the Queen |
| 2008-02-12 | Appellant's book of authorities, Completed on: 2008-02-12 | Jodh Singh Sahota |
| 2008-02-12 | Appellant's factum, Completed on: 2008-02-12 | Jodh Singh Sahota |
| 2008-02-04 | Order on motion to extend time | |
| 2008-02-04 |
Decision on motion to extend time, to serve and file the Notice of Appeal to Jan. 31/08, LeB Granted |
|
| 2008-02-04 | Submission of motion to extend time, LeB | |
| 2008-02-04 | Response to motion to extend time, Completed on: 2008-02-04 | Her Majesty the Queen |
| 2008-02-01 | Motion to extend time, ( to file NOA on Jan. 31/08), Completed on: 2008-02-01 | Jodh Singh Sahota |
| 2008-01-31 | Notice of appeal, (ext. of time requested), Completed on: 2008-02-11 | Jodh Singh Sahota |
| 2008-01-15 | Appellant's record, Completed on: 2008-01-15 | Jodh Singh Sahota |
| 2007-12-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-12-20 |
Appeal hearing scheduled, 2008-03-28 Judgment reserved |
|
| 2007-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-12-19 | Judgment on leave sent to the parties | |
| 2007-12-18 |
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 CA031931, 2007 BCCA 50, dated January 29, 2007, are granted. This appeal is to be heard with Gurkirpal Singh Khela v. Her Majesty the Queen (31933) and Wayne Alexander James v. Her Majesty the Queen (31980) on March 28, 2008. The following schedule is set for serving and filing material: 1.The appellant shall serve and file his factum, record and book of authorities on or before February 12, 2008; 2.The respondent shall serve and file its factum, record and book of authorities on or before March 11, 2008. Granted |
|
| 2007-12-18 |
Decision on motion to extend time to file and /or serve the leave application, see above judgment Granted |
|
| 2007-11-26 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2007-11-26 | Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro | |
| 2007-11-20 | Respondent's response on the application for leave to appeal, Completed on: 2007-11-20 | Her Majesty the Queen |
| 2007-10-29 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-10-26 | Correspondence received from, Gowling Lafleur Henderson LLP dated Oct-25-07, re: want to be heard with 31933 and 31980. | Jodh Singh Sahota |
| 2007-10-25 | Motion to extend the time to file and or serve the application for leave to appeal, included in leave application, Completed on: 2007-10-25 | Jodh Singh Sahota |
| 2007-10-25 | Application for leave to appeal, motion for extension of time within leave application, Completed on: 2007-10-29 | Jodh Singh Sahota |
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 |
|---|---|---|
| Sahota, Jodh Singh | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Sahota, Jodh Singh
Counsel
Patrick McGowan
Vancouver, British Columbia
V7Y 1C6
Telephone: (604) 601-5616
FAX: (604) 601-5617
Email: gdm2004@shaw.ca
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
Gil McKinnon, Q.C.
Marian K. Brown
600 - 865 Hornby St
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: bruce.johnstone@gov.bc.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.
(Publication ban)
Criminal law (Non Charter) - Charge to jury - Evidence - Appeals -Whether the Court of Appeal erred in failing to find that the learned trial judge’s Vetrovec instructions were in error -Whether the Court of Appeal erred in failing to find that the learned trial judge’s “proven facts” error was prejudicial to the Appellant.
The Appellant and Gurkirpal Singh Khela were convicted of first degree murder by McKinnon J., sitting with a jury on April 29, 2004. The Crown’s case against the Appellant was derived largely from the testimony of his former girlfriend. The case against Khela, on the other hand, was derived in large part from the evidence of known criminals associated with him who the defence alleged at trial had concocted their stories in order to conceal their own guilt. The Appellant and his co-accused were convicted of first degree murder. On appeal to the British Columbia Court of Appeal, the Appellant and Khela took issue with various aspects of the trial judge’s charge to the jury. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
65310-2
see file / voir dossier
Court of Appeal for British Columbia (Vancouver)
CA031931, 2007 BCCA 50
see file / voir dossier
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