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.
33727
Ross Barros v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-11-08 | Appeal closed | |
| 2011-10-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-10-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-10-26 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Numbers 0703-0183-A and 0803-0014-A, 2010 ABCA 116, dated April 15, 2010, heard on January 25, 2011, is allowed in part, Fish and Cromwell JJ. dissenting in part. The Order of the Court of Appeal for a new trial on Count 3 is set aside and the trial judge’s verdict of acquittal on this count is restored. Allowed in part |
|
| 2011-02-02 | Transcript received, (94 pages) | |
| 2011-01-25 | General proceeding, yes information was revealed | Her Majesty the Queen |
| 2011-01-25 | General proceeding, no information revealed | Ross Barros |
| 2011-01-25 |
Hearing of the appeal, 2011-01-25, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-01-25 | Judgment reserved OR rendered with reasons to follow | |
| 2011-01-25 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-01-25 | Intervener's condensed book, Filed in Court | Director of Public Prosecutions |
| 2011-01-25 | Respondent's condensed book, Filed in Court | Her Majesty the Queen |
| 2011-01-24 | Correspondence received from, Burke-Robertson by e-mail, re.: request for 1 reserved seat at the hearing | Attorney General of Ontario |
| 2011-01-24 | Notice of appearance, Paul Lindsay will be appearing | Attorney General of Ontario |
| 2011-01-21 | Notice of appearance, Susan Chapman and Jennifer Micallef will be appearing | Criminal Lawyers' Association of Ontario |
| 2011-01-21 | Notice of appearance, Hersh Wolch will be appearing | Ross Barros |
| 2011-01-21 | Notice of appearance, Anil K. Kapoor and Senem Ozkin will be appearing | Canadian Civil Liberties Association |
| 2011-01-17 | Notice of appearance, Derek Lai and Greg Preston will be appearing | Canadian Association of Chiefs of Police |
| 2011-01-17 |
Order by, Cro, FURTHER TO THE ORDER dated December 2, 2010, granting leave to intervene to the Canadian Association of Chiefs of Police, the Attorney General of Ontario, the Canadian Civil Liberties Association, the Director of Public Prosecutions, the Canadian Crime Stoppers Association and the Criminal Lawyers' Association; IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-01-14 | Notice of appearance, Robert S. Gill will be appearing | Canadian Crime Stoppers Association |
| 2011-01-11 | Notice of appearance, Nancy L. Irving and François Lacasse will be appearing | Director of Public Prosecutions |
| 2011-01-10 | Intervener's book of authorities, CD rec'd Jan. 10/11, Completed on: 2011-01-12 | Director of Public Prosecutions |
| 2011-01-10 | Intervener's factum, CD rec'd Jan. 10/11, Completed on: 2011-01-12 | Director of Public Prosecutions |
| 2011-01-10 | Intervener's book of authorities, Completed on: 2011-01-10 | Canadian Association of Chiefs of Police |
| 2011-01-10 | Intervener's factum, Completed on: 2011-01-10 | Canadian Association of Chiefs of Police |
| 2011-01-10 | Intervener's book of authorities, Completed on: 2011-01-10 | Canadian Crime Stoppers Association |
| 2011-01-10 | Intervener's factum, Completed on: 2011-01-10 | Canadian Crime Stoppers Association |
| 2011-01-10 | Intervener's book of authorities, Completed on: 2011-01-10 | Canadian Civil Liberties Association |
| 2011-01-10 | Intervener's factum, Completed on: 2011-01-10 | Canadian Civil Liberties Association |
| 2011-01-10 | Intervener's factum, Completed on: 2011-01-10 | Criminal Lawyers' Association of Ontario |
| 2011-01-07 | Intervener's book of authorities, Completed on: 2011-01-07 | Attorney General of Ontario |
| 2011-01-07 | Intervener's factum, Completed on: 2011-01-07 | Attorney General of Ontario |
| 2011-01-06 | Correspondence received from, R.S. Gill by fax, re.: request for 4 reserved seats at the hearing | Canadian Crime Stoppers Association |
| 2010-12-02 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2010-12-02 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Canadian Association of Chiefs of Police, the Attorney General of Ontario, the Canadian Civil Liberties Association and the Director of Public Prosecutions for leave to intervene in the above appeal; AND UPON APPLICATION by the Canadian Crime Stoppers Association for leave to intervene and for an order granting leave to adduce fresh evidence in the above appeal; AND UPON APPLICATION by the Criminal Lawyers' Association for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Association of Chiefs of Police, the Attorney General of Ontario, the Canadian Civil Liberties Association and the Director of Public Prosecutions are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before January 10, 2011. The motion for leave to intervene of the Canadian Crime Stoppers Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before January 10, 2011. The motion for an order granting leave to adduce fresh evidence is dismissed. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Criminal Lawyers' Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before January 10, 2011. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners 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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. Granted |
|
| 2010-12-02 | Submission of motion for leave to intervene, Cro | |
| 2010-11-23 | Appeal perfected for hearing | |
| 2010-11-22 | Correspondence received from, Gowlings by e-mail dated November 19, 2010 re: hearing should not be broadcast or webcast. | Her Majesty the Queen |
| 2010-11-22 | Notice of appearance, James C. Robb, Q.C. will be appearing | Her Majesty the Queen |
| 2010-11-19 | Order on motion to seal | |
| 2010-11-19 |
Decision on motion to seal, LeB, UPON MOTION by counsel for the Respondent, Her Majesty the Queen, for an Order that unredacted copies, whether in electronic or hard copy format, of Appellant’s Factum, the Supplementary Record and the Book of Authorities as filed October 4, 2010, together with the agents’ letters of October 5 and 7, 2010, be sealed, and upon reading the pleadings and proceedings herein: IT IS HEREBY ORDERED 1. That the unredacted Appellant’s Factum, Supplementary Record and Book of Authorities be sealed such that only the Judges and staff of this Court may have access to the same; 2. That the letters from the agents for the Appellant and Respondent dated respectively October 5, and October 7, 2010, be sealed such that only the Judges and staff of this Court may have access to the same. 3.That the unredacted Respondent’s Factum and Record be sealed such that only the Judges and staff of this Court may have access to the same; 4. That the Notice of Motion for this motion be sealed. Granted |
|
| 2010-11-19 | Submission of motion to seal, LeB | |
| 2010-11-16 | Respondent's book of authorities, (3 volumes), Completed on: 2010-11-16 | Her Majesty the Queen |
| 2010-11-16 | Respondent's record, (SEALED) REDACTED copy also filed (4 volumes), Completed on: 2010-11-16 | Her Majesty the Queen |
| 2010-11-16 | Respondent's factum, (SEALED) REDACTED copy was also filed, Completed on: 2010-11-16 | Her Majesty the Queen |
| 2010-11-16 | Notice of hearing sent to parties | |
| 2010-11-16 |
Appeal hearing scheduled, 2011-01-25, (start time 9:00 am), previously January 19, 2011 Judgment reserved |
|
| 2010-11-15 | Reply to the motion for leave to intervene, (Letter Form), from Robert S. Gill dated Nov. 15/10, Completed on: 2010-11-15 | Canadian Crime Stoppers Association |
| 2010-11-10 | Response to the motion for leave to intervene, (by all interveners), Completed on: 2010-11-10 | Ross Barros |
| 2010-11-09 | Motion for leave to intervene, (joint with an extension of time), Completed on: 2010-11-12 | Criminal Lawyers' Association of Ontario |
| 2010-11-09 | Reply to the motion for leave to intervene, (Letter Form), from Anil K. Kapoor dated Nov. 9/10, Completed on: 2010-11-09 | Canadian Civil Liberties Association |
| 2010-11-08 | Order on motion to extend time | |
| 2010-11-08 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum and book of authorities to Oct. 4/10 Granted |
|
| 2010-11-08 | Submission of motion to extend time, Reg | |
| 2010-11-08 | Response to motion to extend time, email from Gowlings dated Nov. 8/10, Completed on: 2010-11-08 | Her Majesty the Queen |
| 2010-11-03 | Correspondence received from, Charles A. Murphy dated Nov. 2/10 re: fax no | Canadian Crime Stoppers Association |
| 2010-11-02 | Correspondence (sent by the Court) to, (Letter Form), all parties, by fax, re: amended hearing date | |
| 2010-11-02 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Nov. 2/10 (by CCLA, Crime Stoppers and Dir. of Public Pros.), Completed on: 2010-11-02 | Her Majesty the Queen |
| 2010-11-01 | Motion for leave to intervene, Completed on: 2010-11-01 | Director of Public Prosecutions |
| 2010-11-01 | Correspondence received from, Robert S. Gill dated Nov. 1/10 re: if granted leave to intervene, wants to file a factum | Canadian Crime Stoppers Association |
| 2010-10-29 | Motion for leave to intervene, (bookform), Completed on: 2010-10-29 | Canadian Civil Liberties Association |
| 2010-10-28 | Motion for leave to intervene, (joint with a motion to adduce new evidence) (bookform), Completed on: 2010-10-28 | Canadian Crime Stoppers Association |
| 2010-10-28 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Oct. 28/10 (by the AG of ON), Completed on: 2010-10-28 | Her Majesty the Queen |
| 2010-10-27 | Motion to extend time, to serve and file the appellant's factum and book of authorities to Oct. 4/10, Completed on: 2010-10-27 | Ross Barros |
| 2010-10-27 | Motion for leave to intervene, Completed on: 2010-10-27 | Attorney General of Ontario |
| 2010-10-27 | Reply to the motion for leave to intervene, (Letter Form), from Lynda A. Bordeleau dated Oct. 27/10, Completed on: 2010-10-27 | Canadian Association of Chiefs of Police |
| 2010-10-25 | Response to the motion for leave to intervene, (Letter Form), from Robert E. Houston, Q.C. dated Oct. 25/10 (by CACP), Completed on: 2010-10-25 | Ross Barros |
| 2010-10-20 | Response to motion to seal, Completed on: 2010-10-20 | Ross Barros |
| 2010-10-20 | Motion to seal, the original and all copies, in electronic or hard copy format, of the unredacted Appellant's factum, Supplementary Record and Book of Authorities, the letters dated Oct. 5 & Oct. 7/10 and the Respondent's unredacted factum and Record (SEALED) (bookform), Completed on: 2010-10-20 | Her Majesty the Queen |
| 2010-10-20 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Oct. 20/10 (by CACP), Completed on: 2010-10-20 | Her Majesty the Queen |
| 2010-10-15 | Supplemental document, Certificate of Appellant, Completed on: 2010-10-15 | Ross Barros |
| 2010-10-15 | Correspondence received from, Robert E. Houston, Q.C. dated Oct. 15/10 re: portions of the appellant's factum, book of authorities and supplementary record should be sealed | Ross Barros |
| 2010-10-15 | Motion for leave to intervene, (bookform), Completed on: 2010-10-15 | Canadian Association of Chiefs of Police |
| 2010-10-08 | Correspondence received from, Henry S. Brown, Q.C. dated Oct. 8/10 joint with a letter from Mr. Houston, Q.C. dated Oct. 7/10 (SEALED) | Her Majesty the Queen |
| 2010-10-06 | Correspondence received, from Adrian T. Hewitt dated Oct. 6/10 re: intervention of Canadian Crime Stoppers Ass. | |
| 2010-10-05 | Correspondence received from, Robert E. Houston, Q.C. dated Oct. 5/10 re: apparent restriction on publication (SEALED) | Ross Barros |
| 2010-10-04 | Supplemental document, Supplementary Record of the Appellant (SEALED) (REDACTED version rec'd Oct. 15/10), Completed on: 2010-10-21 | Ross Barros |
| 2010-10-04 | Appellant's book of authorities, (SEALED) (REDACTED version rec'd Oct. 15/10) (extension rec'd Oct. 27/10), Completed on: 2010-10-27 | Ross Barros |
| 2010-10-04 | Appellant's factum, (SEALED) (REDACTED version rec'd Oct. 15/10) (extension rec'd Oct. 27/10), Completed on: 2010-10-27 | Ross Barros |
| 2010-08-27 | Appellant's record, Completed on: 2010-08-27 | Ross Barros |
| 2010-08-26 | Correspondence received, from A.T. Hewitt by fax (letter dated Aug.26/10), re.: Intervener status | |
| 2010-06-28 | Correspondence received, by email from François Lacasse dated June 28/10 re: taking no position on motion | |
| 2010-06-22 | Order on motion to extend time, to serve and file the Amended Notice of Appeal to June 18, 2010. | |
| 2010-06-22 |
Decision on motion to extend time, to serve and file the Amended Notice of Appeal to June 18, 2010., Cha Granted |
|
| 2010-06-22 | Submission of motion to extend time, to serve and file the Amended Notice of Appeal to June 18, 2010., Cha | |
| 2010-06-18 | Response to motion to extend time, to serve and file the Amended Notice of Appeal, Completed on: 2010-06-18 | Her Majesty the Queen |
| 2010-06-18 | Motion to extend time, to serve and file the Amended Notice of Appeal, Completed on: 2010-06-18 | Ross Barros |
| 2010-06-15 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-06-10 | Correspondence received, from François Lacasse, dated June 9, 2010, Re: Director of Public Prosecutions intends to file a motion for leave to intervene | |
| 2010-06-04 | Notice of appeal, AMENDED notice filed June 18-10, Completed on: 2010-06-24 | Ross Barros |
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 |
|---|---|---|
| Barros, Ross | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Canadian Association of Chiefs of Police | Intervener | Active |
| Canadian Crime Stoppers Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Barros, Ross
Counsel
Suite 1500
633 - 6 Avenue S.W.
Calgary, Alberta
T2P 2Y5
Telephone: (403) 265-6500
FAX: (403) 263-1111
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Her Majesty the Queen
Counsel
9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: james.robb@gov.ab.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: Canadian Association of Chiefs of Police
Counsel
Derek Lai
Legal Advisors' Section
9620 - 103A Avenue N.W.
Edmonton, Alberta
T5H 0H7
Telephone: (780) 421-2633
FAX: (780) 421-2867
Email: greg.preston@edmontonpolice.ca
Agent
1400 - 340 Albert Street
Ottawa, Ontario
K1R 0A5
Telephone: (613) 238-2022
FAX: (613) 238-8775
Email: lbordeleau@perlaw.ca
Party: Attorney General of Ontario
Counsel
720 Bay St.
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-8248
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Crime Stoppers Association
Counsel
Main Floor, 837 Burdett Avenue
Victoria, British Columbia
V8W 1B3
Telephone: (250) 386-2261
FAX: (250) 389-1336
Email: rgill@clay.bc.ca
Agent
604 - 75 Albert St
Ottawa, Ontario
K1P 5E7
Telephone: (613) 563-0202
FAX: (613) 563-0445
Party: Canadian Civil Liberties Association
Counsel
Senem Ozkin
210 - 20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@adelaide
Agent
470 Somerset Street West
Ottawa, Ontario
K1R 5J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Party: Director of Public Prosecutions
Counsel
222 Queen Street
11th floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-4079
FAX: (613) 941-8742
Email: nancy.irving@ppsc-sppc.gc.ca
Agent
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Criminal Lawyers' Association of Ontario
Counsel
30 St. Clair Avenue West
10th Floor
Toronto, Ontario
M4V 3A1
Telephone: (416) 968-3333
FAX: (416) 968-0325
Email: schapman@greenchercover.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 IN CASE)
Criminal law - Appeals - Findings of fact - Questions of mixed fact and law - Offences - Offences against the administration of law and justice - Obstruction of justice - Extortion - Evidence - Police informants - Whether it is an error of law to determine that the scope of protection afforded to alleged confidential police informers extends to preclude otherwise lawful investigative steps by the defence - Whether it is an error of law to transform the prohibition against revelation of the identity of an alleged informer by the state to a prohibition against discovery by anyone - Whether it is an error of law to foreclose legitimate investigation by defence counsel, or agent, to ascertain whether an alleged informer is in fact an agent of the state, a material witness, a fictional source fabricated for illegal purposes or whether there is evidence of a Charter breach - Whether it is an error of law for a Court of Appeal to substitute its view of the facts and, thereby, overturn findings of fact made by a trial judge in order to find a right of appeal for the Attorney General.
The appellant, an ex police officer turned private investigator, was charged with one count of obstruction of justice and two counts of extortion. It was the Crown’s theory that the means used by him to obtain the name of a person alleged to be a police informant, and the use of that name to obtain the withdrawal of criminal charges, constituted obstruction of justice and extortion. On the obstruction charges, the appellant applied for a directed verdict, which was granted by the trial judge on the basis that there was no evidence upon which a properly instructed jury could convict. The appellant was subsequently acquitted of extortion. The Crown appealed the directed verdict and the acquittals. The majority of the Court of Appeal allowed the appeal and ordered a new trial on all three counts. Berger J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
see file
Court of Appeal of Alberta (Edmonton)
0703-0183-A, 0803-0014-A, 2010 ABCA 116
Appeals allowed and a new trial is directed on all three counts
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