Case information
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35115
Her Majesty the Queen v. Level Aaron Carvery
(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) |
|---|---|---|
| 2014-04-14 | Appeal closed | |
| 2014-04-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-04-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-04-11 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 353119, 2012 NSCA 107, dated October 3, 2012, heard on January 23, 2014, is dismissed. Dismissed |
|
| 2014-02-07 | Transcript received, 124 pages (Amended transcript rec'd 2014-04-24) | |
| 2014-01-23 | Judgment reserved OR rendered with reasons to follow | |
| 2014-01-23 |
Hearing of the appeal, 2014-01-23, CJ LeB Abe Ro Cro Ka Wa Judgment reserved |
|
| 2014-01-23 | Respondent's condensed book, (Book Form), Filed in Court | Level Aaron Carvery |
| 2014-01-23 | Appellant's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2014-01-20 | Notice of appearance, Ryan D.W. Dalziel and Anne Amos-Stewart will be appearing | British Columbia Civil Liberties Association |
| 2014-01-17 | Notice of appearance, Ingrid Grant will be appearing | Criminal Lawyers' Association of Ontario |
| 2014-01-17 |
Order by, (Joint with 35339), CJ, FURTHER TO THE ORDERS dated September 26, 2013 and November 27, 2013, granting leave to intervene to the Criminal Lawyers' Association of Ontario, the British Columbia Civil Liberties Association, the Directeur des poursuites criminelles et pénales du Québec, the John Howard Society of Canada and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2014-01-08 | Notice of appearance, Luke A. Craggs will be appearing and will make oral arguments. | Level Aaron Carvery |
| 2014-01-07 | Notice of appearance, David Schermbrucker and Brad Reitz will be appearing and Mr. Schermbrucker will make oral arguments | Her Majesty the Queen |
| 2013-11-21 | Intervener's book of authorities, Joint with 35339, Completed on: 2013-11-21 | British Columbia Civil Liberties Association |
| 2013-11-21 | Intervener's factum, Joint with 35339, Completed on: 2013-11-21 | British Columbia Civil Liberties Association |
| 2013-11-21 | Notice of hearing sent to parties | |
| 2013-11-20 | Intervener's book of authorities, Joint with 35339, Completed on: 2013-11-20 | Criminal Lawyers' Association of Ontario |
| 2013-11-20 | Intervener's factum, Joint with 35339, Completed on: 2013-11-20 | Criminal Lawyers' Association of Ontario |
| 2013-11-19 |
Appeal hearing scheduled, 2014-01-23, Early Start 9:00 a.m. (To be heard with 35339 and 35487) Judgment reserved |
|
| 2013-10-02 | Appeal perfected for hearing | |
| 2013-10-01 | Respondent's book of authorities, (Book Form), Completed on: 2013-10-01 | Level Aaron Carvery |
| 2013-10-01 | Respondent's factum, (Book Form), Completed on: 2013-10-01 | Level Aaron Carvery |
| 2013-09-26 | Order on motion for leave to intervene, (by KARAKATSANIS J.) (joint with 35339) | |
| 2013-09-26 |
Decision on the motion for leave to intervene, (joint with 35339), Ka, UPON APPLICATIONS by the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length in these appeals on or before November 21, 2013. 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 are not 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions Granted |
|
| 2013-09-26 | Submission of motion for leave to intervene, Ka | |
| 2013-09-12 | Response to the motion for leave to intervene, (Letter Form), from David W. Schermbrucker dated sept. 11/13 (by CLA and BCCLA), Completed on: 2013-09-12 | Her Majesty the Queen |
| 2013-09-10 | Response to the motion for leave to intervene, (Letter Form), from Luke A. Craggs dated Sept. 10/13 (by BCCLA), Completed on: 2013-09-10 | Level Aaron Carvery |
| 2013-09-03 | Motion for leave to intervene, (Book Form), (joint with 35339), Completed on: 2013-09-03 | British Columbia Civil Liberties Association |
| 2013-08-26 | Motion for leave to intervene, Completed on: 2013-08-26 | Criminal Lawyers' Association of Ontario |
| 2013-08-06 | Appellant's book of authorities, Completed on: 2013-08-06 | Her Majesty the Queen |
| 2013-08-06 | Appellant's record, Completed on: 2013-08-06 | Her Majesty the Queen |
| 2013-08-06 | Appellant's factum, Completed on: 2013-08-06 | Her Majesty the Queen |
| 2013-05-13 | Notice of appeal, Completed on: 2013-05-13 | Her Majesty the Queen |
| 2013-04-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-04-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, amended judgment | |
| 2013-04-29 | Judgment on leave sent to the parties, amended judgment | |
| 2013-04-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-04-12 | Judgment on leave sent to the parties | |
| 2013-04-11 |
Judgment of the Court on the application for leave to appeal, (revised Apr. 26/13), The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 353119, 2012 NSCA 107, dated October 3, 2012, is granted without costs. Granted, without costs |
|
| 2013-03-15 | Correspondence received, Fraçois Lacasse re: judgment in R. v. Summers | |
| 2013-02-25 | All materials on application for leave submitted to the Judges, F Ro Mo | |
| 2013-01-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-01-17 | Level Aaron Carvery |
| 2012-12-05 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-12-03 | Book of authorities, (Book Form) | Her Majesty the Queen |
| 2012-12-03 | Application for leave to appeal, (Book Form), Completed on: 2012-12-03 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Carvery, Level Aaron | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association of Ontario | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Bradley Reitz
Suite 1100, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-2285
FAX: (902) 426-1351
Email: david.schermbrucker@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Carvery, Level Aaron
Counsel
5162 Duke Street, Suite 200
P.O. Box 307
Halifax, Nova Scotia
B3J 2N7
Telephone: (902) 429-7701
FAX: (902) 423-2968
Email: lcraggs@bmtlaw.ns.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Criminal Lawyers' Association of Ontario
Counsel
Ingrid Grant
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 977-5334
FAX: (416) 596-2597
Email: russell@silvertein-law.com
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: British Columbia Civil Liberties Association
Counsel
Anne Amos-Stewart
510 West Georgis Street
Suite 1800
Vancouver, British Columbia
V6B 0M3
Telephone: (604) 641-4881
FAX: (604) 646-2671
Email: rdd@bht.com
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
Summary
Keywords
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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 - Sentencing - Credit for pre-sentence custody - Whether the Court of Appeal erred in holding that a remand prisoner’s “loss” of remission or parole eligibility is a circumstance within s. 719(3.1) of the Criminal Code, R.S.C. 1985, c. C-46, that can justify enhanced credit at sentencing (at a ratio of up to 1.5:1) for time spent in pre-sentencing custody.
The respondent pled guilty to the charge of possession of cocaine for the purpose of trafficking and breach of his recognizance. The respondent spent nine and a half months in custody before being sentenced. The trial judge concluded that the respondent should be credited at a ratio of 1.5 days for every day in pre-sentence custody. The Court of Appeal held that the trial judge committed no reversible error in granting the respondent a credit of 1:5 to 1 for time spent in custody prior to being sentenced.
Lower court rulings
Provincial Court of Nova Scotia
2223688, 2223690
Sentence imposed: 30 months; credit of 1.5 to 1 for time spent in custody prior to sentencing
Nova Scotia Court of Appeal
CAC 353119, 2012 NSCA 107
Appeal dismissed regarding credit of 1.5 to 1 for time spent in custody prior to sentencing; appeal granted regarding publication ban
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
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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