Case information
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34623
D.J.W. v. Her Majesty the Queen
(British Columbia) (Criminal) (As of Right / By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-05-08 | Appeal closed | |
| 2012-11-27 | Transcript received, (43 pages) | |
| 2012-11-22 | General proceeding, Yes there was information subject to the ban | D.J.W. |
| 2012-11-19 | General proceeding, Yes there was mention of the full name of the appellant | Her Majesty the Queen |
| 2012-11-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-11-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-11-16 |
Judgment on the appeal rendered, LeB F Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA037623 and CA037983, 2011 BCCA 522, dated December 22, 2011, was heard this day and the following judgment was rendered orally: LEBEL J. — We all agree with Hinkson J.A., writing for a unanimous Court of Appeal, that all the elements of the charges against the appellant had been established. We will not comment on whether the charge of assault with a weapon should have been stayed, as this issue was not raised in this Court. Nor do we need, on the specific facts of this case, to rule definitively on whether a circumcision performed by a person without medical training can ever be considered reasonable and in the child’s best interest. For these reasons, the appeal is dismissed. Dismissed |
|
| 2012-11-16 |
Hearing of the appeal, 2012-11-16, LeB F Ro Cro Mo Ka Wa Judgment rendered |
|
| 2012-11-16 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-11-16 | Respondent's condensed book, (Book Form) | Her Majesty the Queen |
| 2012-11-15 | Supplemental document, Mr. Christie re: Rec'd 14 copies of Statuts to be put on the Bench on the morning of Nov. 16/12. There is no condensed book, Completed on: 2012-11-15 | D.J.W. |
| 2012-11-05 | Notice of appearance, Douglas H. Christie will be appearing | D.J.W. |
| 2012-11-05 | Notice of appearance, Margaret A. Mereigh will be appearing | Her Majesty the Queen |
| 2012-08-16 | Respondent's book of authorities, (Book Form), Completed on: 2012-08-16 | Her Majesty the Queen |
| 2012-08-16 | Respondent's factum, (Book Form), Completed on: 2012-08-16 | Her Majesty the Queen |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-11-16, (previously scheduled Nov. 14) Judgment rendered |
|
| 2012-06-25 | Appellant's factum, Completed on: 2012-06-25 | D.J.W. |
| 2012-06-25 | Appellant's book of authorities, Completed on: 2012-06-25 | D.J.W. |
| 2012-06-12 | Appeal perfected for hearing | |
| 2012-05-16 | Correspondence received from, Robert Houston dated May 16, 2012 re: filing of a single respondent's factum (response sent May 28) | Her Majesty the Queen |
| 2012-05-16 | Order on motion to extend time | |
| 2012-05-16 |
Decision on motion to extend time, Reg, to file and serve the appellant's record, factum and book of authorities to Apr. 17/12 Granted |
|
| 2012-05-16 | Submission of motion to extend time, Reg | |
| 2012-04-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-04-27 | Judgment on leave sent to the parties | |
| 2012-04-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA037623 and CA037983, 2011 BCCA 522, dated December 22, 2011, is granted without costs. Granted, without costs |
|
| 2012-04-19 | Response to motion to extend time, (Letter Form), from Margaret Mereigh dated Apr. 17/12, Completed on: 2012-04-19 | Her Majesty the Queen |
| 2012-04-19 | Motion to extend time, to file and serve the appellant's record, factum and book of authorities to Apr. 17/12, Completed on: 2012-04-19 | D.J.W. |
| 2012-04-17 | Appellant's book of authorities, Completed on: 2012-04-17 | D.J.W. |
| 2012-04-17 | Appellant's factum, Motion for extension of time rec'd Apr. 19/12 and electronic redacted copy received on April 27, 2012 with 2 copies bookform, Completed on: 2012-04-19 | D.J.W. |
| 2012-04-13 | Appellant's record, (9 volumes), Completed on: 2012-04-13 | D.J.W. |
| 2012-03-19 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-03-16 | Applicant's reply to respondent's argument, Completed on: 2012-03-16 | D.J.W. |
| 2012-03-09 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-03-07 | Respondent's response on the application for leave to appeal, form 25B missing, rec'd March 12, 2012, Completed on: 2012-03-12 | Her Majesty the Queen |
| 2012-02-29 | General proceeding, publication ban order filed Feb 29, 2012 | D.J.W. |
| 2012-02-08 | Application for leave to appeal, Completed on: 2012-02-08 | D.J.W. |
| 2012-02-02 | Discontinuance of motion for a stay | D.J.W. |
| 2012-01-31 | Correspondence received from, from Margareth Mereigh dated Jan. 19/12 addressed to Mr. Christie re stay of execution | Her Majesty the Queen |
| 2012-01-16 | Motion for a stay of execution, (bookform), Completed on: 2012-01-16 | D.J.W. |
| 2012-01-11 | Notice of appeal, Completed on: 2012-01-11 | D.J.W. |
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 |
|---|---|---|
| D.J.W. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: D.J.W.
Counsel
Victoria, British Columbia
V8W 1C4
Telephone: (250) 385-1022
FAX: (250) 479-3294
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
Criminal Appeals & Special Prosecutions
865 Hornby St., 6th floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: margaret.mereigh@gov.bc.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 Offences Criminal negligence causing bodily harm Whether the trial judge erred in acquitting the appellant of aggravated assault and the lesser included offense of assault causing bodily harm Whether the trial judge erred in acquitting the appellant of assault with a weapon Whether the trial judge correctly applied the law regarding criminal negligence in the context of sincere religious belief in circumcision.
The appellant was convicted of criminal negligence causing bodily harm for attempting to circumcise his four year old son on the kitchen floor of his home. He was acquitted of aggravated assault and assault using a weapon. The trial judge found that over the years that followed his son’s birth, the appellant decided to “make things right with God” by following the laws of Moses, which included circumcision. The Crown appealed the acquittals, and the appellant appealed his conviction, arguing that the trial judge failed to correctly apply the law regarding criminal negligence causing bodily harm in the context of a sincere religious belief in circumcision. The Court of Appeal allowed the Crown’s appeal and recorded convictions for aggravated assault and assault with a weapon; it entered a stay of the conviction for criminal negligence causing bodily harm, conditional upon the conviction for aggravated assault. The appellant’s appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
24778, 2009 BCSC 1397
Applicant convicted of criminal negligence causing bodily harm and acquitted of aggravated assault and assault using a weapon
Court of Appeal for British Columbia (Vancouver)
2011 BCCA 522, CA037623, CA037983
Crown’s appeal allowed; convictions recorded for aggravated assault and assault with a weapon; conviction for criminal negligence causing bodily harm stayed, conditional upon conviction for aggravated assault; applicant’s appeal 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