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.
36537
Her Majesty the Queen v. Robert David Nicholas Bradshaw
(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) |
|---|---|---|
| 2017-06-30 | Appeal closed | |
| 2017-06-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-06-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-06-29 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040718, 2015 BCCA 195, dated May 5, 2015, heard on November 3, 2016, is dismissed. Moldaver and Côté JJ. dissent. Dismissed |
|
| 2016-11-14 | Transcript received, 101 pages | |
| 2016-11-03 | Judgment reserved OR rendered with reasons to follow | |
| 2016-11-03 | General proceeding, Questionnaire following the hearing concening the publication ban | Robert David Nicholas Bradshaw |
| 2016-11-03 | General proceeding, Questionnaire following the hearing concening the publication ban | Her Majesty the Queen |
| 2016-11-03 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Attorney General of Ontario |
| 2016-11-03 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Robert David Nicholas Bradshaw |
| 2016-11-03 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2016-11-03 |
Hearing of the appeal, 2016-11-03, CJ Abe Mo Ka Wa Côt Br Judgment reserved |
|
| 2016-10-26 | Notice of appearance, Greg Allen and Caily DiPuma will be present at the hearing. | British Columbia Civil Liberties Association |
| 2016-10-26 | Notice of appearance, Louis Strezos and Samuel Walker will be present at the hearing. | Criminal Lawyers' Association of Ontario |
| 2016-10-25 | Notice of appearance, Michael Bernstein will be present at the hearing. | Attorney General of Ontario |
| 2016-10-24 | Notice of appearance, Richard Fowler, Eric Purtzki and Karin Blok will be present at the hearing. | Robert David Nicholas Bradshaw |
| 2016-10-24 | Notice of appearance, Margaret Mereigh and David Layton will be present at the hearing. | Her Majesty the Queen |
| 2016-09-29 |
Order by, Justice Abella, Abe, FURTHER TO THE ORDER dated July 11, 2016, granting leave to intervene to the Attorney General of Ontario, the British Columbia Civil Liberties Association and the Criminal Lawyers’ Association of Ontario; 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 the appeal. Granted |
|
| 2016-09-06 | Intervener's book of authorities, Completed on: 2016-09-06 | Attorney General of Ontario |
| 2016-09-06 | Intervener's factum, Completed on: 2016-09-06 | Attorney General of Ontario |
| 2016-09-06 | Intervener's book of authorities, Completed on: 2016-09-06 | Criminal Lawyers' Association of Ontario |
| 2016-09-06 | Intervener's factum, Completed on: 2016-09-06 | Criminal Lawyers' Association of Ontario |
| 2016-09-06 | Intervener's book of authorities, Completed on: 2016-09-06 | British Columbia Civil Liberties Association |
| 2016-09-06 | Intervener's factum, Completed on: 2016-09-06 | British Columbia Civil Liberties Association |
| 2016-08-26 | Notice of hearing sent to parties | |
| 2016-08-24 | Appeal perfected for hearing | |
| 2016-08-10 |
Appeal hearing scheduled, 2016-11-03 Judgment reserved |
|
| 2016-08-02 | Order on motion to extend time, (by JUSTICE MOLDAVER) | |
| 2016-08-02 |
Decision on motion to extend time, Mo, UPON APPLICATION by the respondent for an order extending the time to serve and file its factum and book of authorities to July 25, 2016, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3); AND THE MATERIAL FILED having been read; AND NOTING THAT the appellant consents to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2016-08-02 | Submission of motion to extend time, Mo | |
| 2016-07-29 | Motion to extend time, (Letter Form), to serve and file Responden's Factum and Book of Authorities and present oral argument at hearing (includes consent)., Completed on: 2016-07-29 | Robert David Nicholas Bradshaw |
| 2016-07-25 | Respondent's book of authorities, (Book Form), (2 volumes), Completed on: 2016-07-25, (Electronic version filed on 2016-09-12) | Robert David Nicholas Bradshaw |
| 2016-07-25 | Respondent's factum, (Book Form), Completed on: 2016-07-25, (Electronic version filed on 2016-09-12) | Robert David Nicholas Bradshaw |
| 2016-07-11 | Order on motion to extend time, by JUSTICE ABELLA | |
| 2016-07-11 | Decision on motion to extend time, (see decision on motion for leave to intervene), Abe | |
| 2016-07-11 | Submission of motion to extend time, Abe | |
| 2016-07-11 | Order on motion for leave to intervene, by JUSTICE ABELLA | |
| 2016-07-11 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Attorney General of Ontario and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND UPON APPLICATION by the Criminal Lawyers’ Association of Ontario for an extension of time to serve and file a motion 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 motion for extension of time is granted. The motions for leave to intervene are granted and each of the said three (3) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before September 6, 2016. 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2016-07-11 | Submission of motion for leave to intervene, Abe | |
| 2016-06-27 | Response to the motion for leave to intervene, (Letter Form), (to all three motions), Completed on: 2016-06-27, (Electronic version filed on 2016-06-27) | Her Majesty the Queen |
| 2016-06-27 | Response to motion to extend time, (Included in the response to the motion for leave to intervene), (by CLAO), Completed on: 2016-06-27 | Robert David Nicholas Bradshaw |
| 2016-06-27 | Response to the motion for leave to intervene, (Letter Form), (by CLAO), Completed on: 2016-06-27, (Electronic version filed on 2016-06-27) | Robert David Nicholas Bradshaw |
| 2016-06-27 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2016-06-27 | Criminal Lawyers' Association of Ontario |
| 2016-06-27 | Motion for leave to intervene, (Book Form), Fee missing., Completed on: 2016-06-27, (Electronic version filed on 2016-06-27) | Criminal Lawyers' Association of Ontario |
| 2016-06-24 | Motion for leave to intervene, (Book Form), Completed on: 2016-06-24, (Electronic version filed on 2016-06-24) | British Columbia Civil Liberties Association |
| 2016-06-24 | Motion for leave to intervene, (Letter Form), Completed on: 2016-06-24, (Electronic version filed on 2016-06-30) | Attorney General of Ontario |
| 2016-06-06 | Order on motion to extend time, (by the Registrar) | |
| 2016-06-06 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file its Factum, Record, and Book of Authorities to May 27, 2016; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. Allowed |
|
| 2016-06-06 | Submission of motion to extend time, Reg | |
| 2016-06-03 | Correspondence received from, (Letter Form), agent for the appellant re : Motion to extend time to file Factum., (Electronic version filed on 2016-06-03) | Her Majesty the Queen |
| 2016-06-03 | Motion to extend time, (Letter Form), Completed on: 2016-06-03, (Electronic version filed on 2016-06-03) | Her Majesty the Queen |
| 2016-05-27 | Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2016-05-27, (Electronic version filed on 2016-05-27) | Her Majesty the Queen |
| 2016-05-27 | Appellant's record, (Book Form), (19 volumes), Completed on: 2016-05-27, (Electronic version filed on 2016-05-27) | Her Majesty the Queen |
| 2016-05-27 | Appellant's factum, (Book Form), Completed on: 2016-05-27, (Electronic version filed on 2016-05-27) | Her Majesty the Queen |
| 2016-04-15 | Correspondence received from, Counsel for the Appellant, re: request for an extension to May 27, 2016 to deliver the Appellant's Record and Factum. | Her Majesty the Queen |
| 2016-02-12 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-02-12 | Notice of appeal, Completed on: 2016-02-12 | Her Majesty the Queen |
| 2016-01-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-01-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-01-15 | Judgment on leave sent to the parties | |
| 2016-01-14 |
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), Number CA040718, 2015 BCCA 195, dated May 5, 2015, is granted. Granted |
|
| 2015-12-14 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-09-04 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-08) | Robert David Nicholas Bradshaw |
| 2015-09-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-09-04, (Electronic version filed on 2015-09-08) | Robert David Nicholas Bradshaw |
| 2015-08-05 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-08-05 | |
| 2015-08-04 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-08-04 | Application for leave to appeal, (2 volumes), Completed on: 2015-08-04 | 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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Bradshaw, Robert David Nicholas | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
David Layton
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
Party: Bradshaw, Robert David Nicholas
Counsel
Eric Purtzki
Karin Blok
502-602 Hastings St. W.
Vancouver, British Columbia
V6B 1P2
Telephone: (604) 684-1311
FAX: (604) 681-9797
Email: rfowler@fowlersmithlaw.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: British Columbia Civil Liberties Association
Counsel
Caily A. DiPuma
2100 - 1040 West Georgia Street
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2400
FAX: (604) 647-4554
Email: gallen@litigationchambers.com
Agent
Suite 300, 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 695-5858
FAX: (613) 695-5854
Email: mklee@aitkenklee.com
Party: Criminal Lawyers' Association of Ontario
Counsel
Joseph Di Luca
Samuel Walker
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 944-0244
FAX: (416) 369-3450
Email: lps@15bedford.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.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 – Evidence – Hearsay – Threshold reliability – Admissibility of former co-accused’s hearsay statement – Whether Court of Appeal erred in elevating test for threshold reliability – Use of extrinsic evidence in assessment of threshold reliability – Appropriate contextual analysis in assessment of threshold reliability.
Two people were shot to death five days apart. A co-accused became the target of a Mr. Big investigation, during which he told an undercover officer that he alone was the shooter in both killings. When he met Mr. Big, he said that the respondent shot one victim and assisted killing the other victim. The co-accused was arrested and charged with two counts of first degree murder. In police interviews, he first denied involvement, then he described the murders and implicated others but not by name, then he confessed, then he re-enacted the murders and alleged that the respondent shot the second victim and helped in the first murder. At the respondent’s trial, the co-accused refused to be sworn. The Crown sought to admit a recording of his re-enactment for the truth of its contents. The trial judge admitted the recording under the principled exception to the hearsay rule. A jury convicted the respondent on two counts of first degree murder. The Court of Appeal held that the recording of the co-accused’s re-enactment should not have been admitted. It set aside the convictions and ordered a new trial on both counts.
Lower court rulings
Supreme Court of British Columbia
X075093-4, 2012 BCSC 2025
Convictions by jury: Two counts first degree murder.
Court of Appeal for British Columbia (Vancouver)
CA040718, 2015 BCCA 195
Appeal allowed: Convictions set aside and new trial ordered.
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
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