Case information
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41076
Robert Vanier v. His Majesty the King
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
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
v.
Counsel
Party: Vanier, Robert
Counsel
41 Burnside Dr.
Toronto, Ontario
M6G 2M9
Telephone: (416) 885-1361
FAX: (888) 850-1306
Email: RouleauN@gmail.com
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: His Majesty the King
Counsel
Vallery Bayly
Division du droit criminel
720, rue Bay, 10ème étage
Toronto, Ontario
M5K 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: Davin.Garg@ontario.ca
Summary
Keywords
Criminal law — Perjury — Elements of offence — Statements under oath — For s. 131 of Criminal Code to apply, whether there must be statute or regulation that expressly provides that statement is to be made under oath, or whether it is sufficient that statute or regulation generally allows regulator to regulate its own activities — Criminal Code, R.S.C. 1985, c. C 46, s. 131.
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.
In 2007, the applicant, Robert Vanier, completed and signed two statements under oath in two personal information forms submitted to stock exchanges in support of a public offering by Onco Petroleum Incorporated, a company of which he was co founder, officer, director and president and CEO. He stated that he was known by the name Robert Vanier, that he was not known by any other name and that he had never pleaded guilty to or been found guilty of an offence, knowing that these statements were false. He was charged with perjury.
Mr. Vanier moved for a directed verdict on the ground that a person cannot be charged with perjury if they were not permitted, authorized or required by law to make the statement at issue. The Superior Court of Justice denied the motion for a directed verdict. The judge found that Mr. Vanier was legally required to disclose the information regarding his past conduct and that the personal information form accompanied by a signed solemn declaration constituted the means of providing that information. The Superior Court convicted Mr. Vanier of the two counts of perjury. The Court of Appeal dismissed the appeal of Mr. Vanier, who argued that he instead should have been charged with making a false statement under oath. The solemn declarations contained in Mr. Vanier’s forms were permitted by law because they resulted from the operating requirements of the law.
Lower court rulings
Ontario Superior Court of Justice
2018 ONCS 2714
Applicant convicted of two counts of perjury (s. 131 Criminal Code)
Court of Appeal for Ontario
2023 ONCA 496, C69375
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-07-09 | Close file on Leave | |
| 2024-07-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-04 | Judgment on leave sent to the parties | |
| 2024-07-04 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion to appoint counsel is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69375, 2023 ONCA 496, dated July 21, 2023, is dismissed. Dismissed |
|
| 2024-07-04 | Decision on the miscellaneous motion, see decision on application | |
| 2024-07-04 | Decision on motion to extend time to file and /or serve the leave application, see decision on application | |
| 2024-05-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-27 | Submission of miscellaneous motion, for consideration by the Court | |
| 2024-05-27 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-01-30 | Supplemental document, TC Orders | Robert Vanier |
| 2024-01-30 | Supplemental document, CA Orders | Robert Vanier |
| 2024-01-23 | Certificate (on limitations to public access), (Letter Form), 23A | His Majesty the King |
| 2024-01-23 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-01-23, (Printed version filed on 2024-01-24) | His Majesty the King |
| 2023-12-29 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-12-29 | |
| 2023-12-12 |
Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), Motion to appoint counsel Missing: - proof of service (Rec'd 2023-12-21), Completed on: 2024-01-03, (Printed version filed on 2023-12-22) |
Robert Vanier |
| 2023-12-12 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Missing: - Proof of servive (Rec'd 2023-12-21), Completed on: 2024-01-03, (Printed version filed on 2023-12-22) |
Robert Vanier |
| 2023-12-12 | Certificate (on limitations to public access), (Letter Form), 23A | Robert Vanier |
| 2023-12-12 |
Application for leave to appeal, (Book Form), Missing: - Amended Notice of application (Rec'd 2024-02-13) - CA Order (Rec'd 2024-01-30) - TC Order (Rec'd 2024-01-30) - Proof of service (Rec'd 2023-12-21) - Filing Fee (Rec'd 2024-01-09), Completed on: 2024-01-30, (Printed version filed on 2023-12-22) |
Robert Vanier |
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 |
|---|---|---|
| Vanier, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Vanier, Robert
Counsel
41 Burnside Dr.
Toronto, Ontario
M6G 2M9
Telephone: (416) 885-1361
FAX: (888) 850-1306
Email: RouleauN@gmail.com
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: His Majesty the King
Counsel
Vallery Bayly
Division du droit criminel
720, rue Bay, 10ème étage
Toronto, Ontario
M5K 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: Davin.Garg@ontario.ca
Summary
Keywords
Criminal law — Perjury — Elements of offence — Statements under oath — For s. 131 of Criminal Code to apply, whether there must be statute or regulation that expressly provides that statement is to be made under oath, or whether it is sufficient that statute or regulation generally allows regulator to regulate its own activities — Criminal Code, R.S.C. 1985, c. C 46, s. 131.
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.
In 2007, the applicant, Robert Vanier, completed and signed two statements under oath in two personal information forms submitted to stock exchanges in support of a public offering by Onco Petroleum Incorporated, a company of which he was co founder, officer, director and president and CEO. He stated that he was known by the name Robert Vanier, that he was not known by any other name and that he had never pleaded guilty to or been found guilty of an offence, knowing that these statements were false. He was charged with perjury.
Mr. Vanier moved for a directed verdict on the ground that a person cannot be charged with perjury if they were not permitted, authorized or required by law to make the statement at issue. The Superior Court of Justice denied the motion for a directed verdict. The judge found that Mr. Vanier was legally required to disclose the information regarding his past conduct and that the personal information form accompanied by a signed solemn declaration constituted the means of providing that information. The Superior Court convicted Mr. Vanier of the two counts of perjury. The Court of Appeal dismissed the appeal of Mr. Vanier, who argued that he instead should have been charged with making a false statement under oath. The solemn declarations contained in Mr. Vanier’s forms were permitted by law because they resulted from the operating requirements of the law.
Lower court rulings
Ontario Superior Court of Justice
2018 ONCS 2714
Applicant convicted of two counts of perjury (s. 131 Criminal Code)
Court of Appeal for Ontario
2023 ONCA 496, C69375
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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