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.
37513
Jeffery Thomas Raymond Seipp v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2018-01-29 | Appeal closed | |
| 2018-01-29 | Transcript received, 83 pages. | |
| 2018-01-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-01-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-01-16 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA42998, 2017 BCCA 54, dated February 2, 2017, was heard on January 16, 2018, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — Mr. Seipp was convicted of the offence of failure to stop at the scene of an accident, contrary to s. 252(1) of the Criminal Code, R.S.C. 1985, c. C-46. The British Columbia Court of Appeal upheld his conviction. We would not interfere. We are all of the view that Mr. Seipp’s conviction was not a miscarriage of justice. Mr. Seipp had control of a vehicle involved in an accident. He fled the scene without providing his name or address. In the absence of evidence to the contrary, this was proof of the requisite intent for the offence. The evidence on which Mr. Seipp relies is that he fled the scene to avoid criminal liability for possession of a stolen vehicle. This is not evidence to the contrary. Rather, it is evidence that Mr. Seipp intended to avoid criminal or civil liability from his care, charge, or control of the vehicle involved in the accident. Such an intent falls within the ambit of the mens rea established by the expression “intent to escape civil or criminal liability” in s. 252(1). As a result, Mr. Seipp suffered no prejudice from his trial counsel’s admission that the elements of the offence had been made out. For these reasons, the appeal is dismissed. Dismissed |
|
| 2018-01-16 |
Hearing of the appeal, 2018-01-16, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment rendered |
|
| 2018-01-16 | Respondent's condensed book, (Book Form), Submitted in Court room (14 copies) | Her Majesty the Queen |
| 2018-01-16 | Appellant's condensed book, (Book Form), Submitted in Court room (14 copies) | Jeffery Thomas Raymond Seipp |
| 2018-01-09 | Appeal perfected for hearing | |
| 2018-01-08 | Notice of appearance, (Letter Form), Nicholas J. Preovolos, Michael Sobkin and Harry G. Stevenson will be appearing. Mr. Preovolos will present oral argument. | Jeffery Thomas Raymond Seipp |
| 2018-01-08 | Order on motion to extend time, by Justice Brown | |
| 2018-01-08 |
Decision on motion to extend time, Br, UPON APPLICATION by the respondent for an order to extend the time to serve its factum and book of authorities on the intervener, Director of Public Prosecutions, and for an order to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; AND NOTING THAT the appellant and the intervener consent to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2018-01-08 | Submission of motion to extend time, Br | |
| 2018-01-04 | Notice of appearance, (Letter Form), Mark Covan and Eric Marcoux will be appearing. Mr. Covan will present oral argument. | Director of Public Prosecutions |
| 2018-01-04 | Response to motion to extend time, (Letter Form), second response rec'd 2017/01/04, consenting to the amended motion., Completed on: 2018-01-04 | Director of Public Prosecutions |
| 2018-01-04 | Response to motion to extend time, (Letter Form), second response rec'd 2017/01/04, consenting to the amended motion., Completed on: 2018-01-04 | Jeffery Thomas Raymond Seipp |
| 2018-01-03 | Motion to extend time, (Letter Form), to serve the respondent's factum and authorities on the Intervener; amended motion required-rec'd 2018/01/04; fees missing-rec'd 2018/01/04, Completed on: 2018-01-03 | Her Majesty the Queen |
| 2017-12-19 | Intervener's book of authorities, (Book Form), Completed on: 2017-12-19 | Director of Public Prosecutions |
| 2017-12-19 | Intervener's factum, (Book Form), Completed on: 2017-12-19 | Director of Public Prosecutions |
| 2017-12-12 | Notice of appearance, (Letter Form), Megan A. Street will be appearing and presenting oral argument. | Her Majesty the Queen |
| 2017-11-27 |
Respondent's book of authorities, (Book Form), Missing Service (Appellant) - Rec'd 2017-12-20 Missing Service (Intervener) - Rec'd 2017-12-20, Completed on: 2017-12-20 |
Her Majesty the Queen |
| 2017-11-27 |
Respondent's factum, (Book Form), Missing Service (Appellant) - rec'd 2017-12-20 Missing Service (Intervener) - rec'd 2017-12-20, Completed on: 2017-12-20 |
Her Majesty the Queen |
| 2017-11-22 | Notice of hearing sent to parties | |
| 2017-11-22 |
Appeal hearing scheduled, 2018-01-16 Judgment rendered |
|
| 2017-11-07 | Order on motion for leave to intervene, (by ABELLA J.) | |
| 2017-11-07 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Director of Public Prosecutions of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before December 19, 2017. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener is 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 intervener shall pay to the appellant and the respondent any additional disbursements resulting from its intervention. Granted |
|
| 2017-11-07 | Submission of motion for leave to intervene, Abe | |
| 2017-11-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-11-03 | Jeffery Thomas Raymond Seipp |
| 2017-11-02 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-11-02 | Her Majesty the Queen |
| 2017-10-31 | Motion for leave to intervene, (Letter Form), Completed on: 2017-11-01, (Printed version filed on 2017-11-01) | Director of Public Prosecutions |
| 2017-10-03 | Certificate of counsel (attesting to record) | Jeffery Thomas Raymond Seipp |
| 2017-10-03 | Appellant's book of authorities, (Book Form), Completed on: 2017-10-03 | Jeffery Thomas Raymond Seipp |
| 2017-10-03 | Appellant's record, (Book Form), (2 volumes), Completed on: 2017-10-03 | Jeffery Thomas Raymond Seipp |
| 2017-10-03 | Appellant's factum, (Book Form), Completed on: 2017-10-03 | Jeffery Thomas Raymond Seipp |
| 2017-08-08 | Notice of appeal, Completed on: 2017-08-08 | Jeffery Thomas Raymond Seipp |
| 2017-06-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-06-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-09 | Judgment on leave sent to the parties | |
| 2017-06-08 |
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 CA42998, 2017 BCCA 54, dated February 2, 2017, is granted. Granted |
|
| 2017-05-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-04-28 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-04-28 | Jeffery Thomas Raymond Seipp |
| 2017-04-20 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2017-04-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-04-20 | Her Majesty the Queen |
| 2017-04-05 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-04-05 | |
| 2017-04-03 | Certificate (on limitations to public access) | Jeffery Thomas Raymond Seipp |
| 2017-04-03 | Application for leave to appeal, (Book Form), Completed on: 2017-04-03 | Jeffery Thomas Raymond Seipp |
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 |
|---|---|---|
| Seipp, Jeffery Thomas Raymond | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions | Intervener | Active |
Counsel
Party: Seipp, Jeffery Thomas Raymond
Counsel
Harry G. Stevenson
325 - 625 Agnes Street
New Westminster, British Columbia
V3M 5Y4
Telephone: (604) 521-5291
FAX: (604) 643-2811
Email: nicholas@npcriminallawyer.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
6th Floor - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: megan.street@gov.bc.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com
Party: Director of Public Prosecutions
Counsel
Mark Covan
Yukon Regional Office
Elijah Smith Building 200 - 300 Main Street
Whitehorse, Yukon Territory
Y1A 2B5
Telephone: (867) 667-8104
FAX: (867) 667-3979
Email: eric.marcoux@ppsc.gc.ca
Agent
160 Elgin Street
Suite 1200
Ottawa, Ontario
K2P 2C4
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law - Statutory interpretation - Elements of offence - Failure to stop at scene of accident - Meaning of “civil or criminal liability” in s. 252(1) of Criminal Code - How principles of statutory interpretation should apply to the interpretation of penal statutes - Whether conviction of appellant for failure to stop at scene of motor vehicle accident is a miscarriage of justice - Criminal Code, R.S.C. 1985, c. C-46, s. 252(1)(b).
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.
On December 29, 2013, Mr. Seipp was involved in a motor vehicle collision while driving a stolen vehicle. A passenger in the other vehicle was injured. Mr. Seipp fled without providing his name or address. He was charged with a number of offences including fleeing the scene of an accident, an offence under s. 252(1)(b) of the Criminal Code, R.S.C. 1985, c. C-46. At trial, he testified that a friend previously had invited him to drive around in the vehicle, he had dropped her off, and he had continued driving the vehicle until the accident. He testified that he fled from the collision because he suspected the vehicle was stolen. At the end of the defence’s case, the trial judge asked defence counsel if she was in a position to admit that the evidence established guilt on any counts. Defence counsel in part submitted that the offence of failure to stop at the scene of an accident and provide a name and address had been proved. The trial judge in part convicted Mr. Seipp of that offence. Mr. Seipp appealed this conviction and other convictions. The Court of Appeal dismissed the appeal.
Lower court rulings
Provincial Court of British Columbia
207914-2C
Convictions for leaving the scene of an accident and other offences; Acquittals on other counts
Court of Appeal for British Columbia (Vancouver)
CA42998, 2017 BCCA 54
Appeal from convictions 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
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