Case information
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21122
Her Majesty the Queen v. Roderick Russell Martineau
(Alberta) (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) |
|---|---|---|
| 1994-07-11 | Appeal closed | |
| 1992-08-17 | Correspondence (sent by the Court) to, sent to Court of Appeal of Alberta (Edmonton,AB) re: lower court records sent back. | |
| 1990-11-13 | Record returned to the Registrar of the Court of Appeal, (Edmonton,AB) | |
| 1990-10-05 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Bruce A. MacFarlane, Q.C., C/O Department of Justice (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1990-10-05 | Copy of formal judgment being prepared, Soloway, Wright (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-10-05 | Formal judgment sent to the registrar of the court of appeal and all parties, (Edmonton,AB) | |
| 1990-09-19 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
| 1990-09-13 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1990-09-13 | Notice of deposit of judgment sent to all parties, Bruce A. MacFarlane, C/O Department of Justice (Ottawa,ON) | |
| 1990-09-13 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1990-09-13 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-09-13 |
Judgment on the appeal rendered, CJ CJ W L'HD So G Co, The appeal is dismissed, L'Heureux-Dubé J. dissenting. Dickson was Chief Justice at the time of hearing. Lamer was Chief Justice at the time of judgment. Dismissed, no order as to costs |
|
| 1990-04-10 | General proceeding, transcripts received and distributed to the justices (61 pages) | |
| 1990-03-26 | Service, of A.G. Qué.'s factum | |
| 1990-03-26 |
Hearing of the appeal, 1990-03-26, CJ CJ W L'HD So G Co Decision reserved |
|
| 1990-03-26 |
Decision on motion to file a lengthy factum, Reg Granted, no order as to costs |
|
| 1990-03-26 | Hearing of motion to file a lengthy factum, 1990-03-26, Reg | |
| 1990-03-26 | Submission of motion to file a lengthy factum, 1990-03-26, Reg | |
| 1990-03-23 | Correspondence (sent by the Court) to, from Burke-Robertsonm re: expects to take 15 mins. in argument | |
| 1990-03-23 | Service, of A.G. Ontario's factum | |
| 1990-03-22 | Intervener's factum, 21 copies | Attorney General for Ontario |
| 1990-03-21 | Book of authorities, 10 copies, with service | Attorney General of Canada |
| 1990-03-21 | Intervener's factum, 21 copies | Attorney General of Quebec |
| 1990-03-20 | Book of authorities, 10 copies (joint with 21382 & 21252) of vol. I to V, with service | Attorney General for Ontario |
| 1990-03-16 | Intervener's factum, 21 copies (joint with 21252-21284-20758-21076- 21382), with service | Attorney General of Canada |
| 1990-03-16 | Response to the motion to file a lengthy factum, (A.G. Canada intervenor) on behalf of all parties,, with service | Her Majesty the Queen |
| 1990-03-16 | Intervener's factum, 26 copies (joint with 21252 - 21076), with service | Attorney General of Manitoba |
| 1990-03-14 | Affidavit, of Bruce A. MacFarlane,, with service | Attorney General of Canada |
| 1990-03-14 | Motion to file a lengthy factum, With service | Attorney General of Canada |
| 1990-02-22 | Respondent's factum, 21 copies, with service | Roderick Russell Martineau |
| 1990-02-13 | Order on motion to file a lengthy factum | |
| 1990-02-09 |
Decision on motion to file a lengthy factum, of 47 pages,, LaF Granted, no order as to costs |
|
| 1990-02-09 | Hearing of motion to file a lengthy factum, 1990-02-09, of 47 pages,, LaF | |
| 1990-02-09 | Submission of motion to file a lengthy factum, 1990-02-09, of 47 pages,, LaF | |
| 1990-02-08 | Response to the motion to file a lengthy factum | Roderick Russell Martineau |
| 1990-02-08 | Affidavit, of Jack Watson, with service | Her Majesty the Queen |
| 1990-02-08 | Motion to file a lengthy factum, With service | Her Majesty the Queen |
| 1990-02-01 |
Appeal hearing scheduled, 1990-03-26 Decision reserved |
|
| 1990-01-15 | Notice of hearing | Her Majesty the Queen |
| 1990-01-08 | Appeal perfected for hearing, Session beginning on 1990-01-22 | |
| 1990-01-05 | Service, of the appendix "A",, with service | |
| 1990-01-05 | Service, of the appellant's factum,, with service | |
| 1989-12-22 | General proceeding, 21 copies of appendix A, B, C, of the appellant's factum, | Her Majesty the Queen |
| 1989-12-22 | Appellant's factum, 21 copies, | Her Majesty the Queen |
| 1989-11-06 | Order on motion to extend time, to serve & file a notice of intervention | |
| 1989-11-03 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1989-11-02 | Response to motion to extend time, to file a notice of intervention by A.G. - Qué. | Roderick Russell Martineau |
| 1989-11-02 | Response to motion to extend time, to file a notice of intervention by A.G.- Qué. | Her Majesty the Queen |
| 1989-11-02 |
Decision on motion to extend time, to file a notice of intervention on behalf of A.G. - Québec to Nov. 10/89., La Granted, no order as to costs |
|
| 1989-11-02 | Hearing of motion to extend time, 1989-11-02, to file a notice of intervention on behalf of A.G. - Québec to Nov. 10/89., La | |
| 1989-11-02 | Submission of motion to extend time, 1989-11-02, to file a notice of intervention on behalf of A.G. - Québec to Nov. 10/89., La | |
| 1989-10-31 | Affidavit, to file a notice of intervention | Attorney General of Quebec |
| 1989-10-31 | Motion to extend time, to file a notice of intervention | Attorney General of Quebec |
| 1989-10-18 | Appeal court record | |
| 1989-10-18 | Trial court record | |
| 1989-09-29 | General proceeding, proof of service of the case on appeal,, with service | Her Majesty the Queen |
| 1989-09-07 | General proceeding, to note Appeal to be heard January 22, 1990 at the same time as the following Appeals; "The Queen v. Allan Ronald Rodney" (21284), "Kevin James Arkell v. The Queen" (21076), "Robert Nelson Luxton v. The Queen" (21252), "The Queen v. Sutcliffe Logan Jr." ( | |
| 1989-08-22 | Service, of case on appeal. | |
| 1989-08-09 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1989-08-09 | Agreement as to contents of case, (served copy), with service | Attorney General for Ontario |
| 1989-08-08 | Agreement as to contents of case | Her Majesty the Queen |
| 1989-08-08 | Certified casebook, 1 copy vols. 1 to 3, with service | Her Majesty the Queen |
| 1989-07-31 | Case on appeal, 21 copies vols. 1,2,3,. | Her Majesty the Queen |
| 1989-07-28 | Notice of intervention respecting a constitutional question, With service | Attorney General for Ontario |
| 1989-07-21 | Notice of intervention respecting a constitutional question, With service | Attorney General of Manitoba |
| 1989-07-17 | Notice of constitutional question(s), With service | Her Majesty the Queen |
| 1989-07-13 | Order on motion to state a constitutional question | |
| 1989-07-11 | Notice of intervention respecting a constitutional question, 1 copy | Attorney General of British Columbia |
| 1989-07-11 |
Decision on the motion to state a constitutional question, (for Constitutional Questions see Reg's Red Book #7 @ p.208. Interventions by Aug.14/89.), CJ Granted, no order as to costs |
|
| 1989-07-11 | Hearing of the motion to state a constitutional question, 1989-07-11, (for Constitutional Questions see Reg's Red Book #7 @ p.208. Interventions by Aug.14/89.), CJ | |
| 1989-07-11 | Submission of motion to state a constitutional question, 1989-07-11, (for Constitutional Questions see Reg's Red Book #7 @ p.208. Interventions by Aug.14/89.), CJ | |
| 1989-06-28 | Motion to state a constitutional question, With service | Her Majesty the Queen |
| 1989-06-21 | Order granting leave to appeal | |
| 1989-06-20 | Notice of appeal, With service | Her Majesty the Queen |
| 1989-06-12 | Close file on Leave | |
| 1989-06-12 | Notice of deposit of judgment issued to all parties, Gowling & Henderson (Ott., Ont.) | |
| 1989-06-12 | Notice of deposit of judgment issued to all parties, Burke-Robertson, Chadwick & Ritchie (Ott., Ont.) | |
| 1989-06-08 |
Judgment of the Court on the application for leave to appeal, W So Co, The application for leave to appeal is granted, the appeal to be heard togethe with the appeals of Her Majesty the Queen v. Allan Ronald Rodney # 21284, Arkell v. Her Majesty the Queen # 21076 and Luxton v. Her Majesty the Queen # 21252. Granted, no order as to costs |
|
| 1989-04-17 |
Hearing of the application for leave to appeal, 1989-04-17, W So Co Decision reserved |
|
| 1989-04-17 |
All materials on application for leave submitted to the Judges, 1989-04-17, W So Co Decision reserved |
|
| 1989-04-10 | Hearing of the application for leave to appeal scheduled | |
| 1989-04-10 | Hearing of the application for leave to appeal removed from schedule | |
| 1989-04-04 | Hearing of the application for leave to appeal scheduled | |
| 1989-02-28 | Hearing of the application for leave to appeal removed from schedule | |
| 1989-02-27 | Correspondence received from, from Gowling & Henderson (Prepared to consent to hearing on April 17/89) | |
| 1989-02-24 | Hearing of the application for leave to appeal scheduled | |
| 1989-02-23 | Correspondence received from, re oral hearing sent to Gowling & Henderson (Ott., Ont.) | |
| 1989-02-23 | Correspondence received from, re oral hearing sent to Burke-Robertson (Ott., Ont.) | |
| 1989-02-23 |
Judgment of the Court on the application for leave to appeal, CJ W So Oral hearing ordered, no order as to costs |
|
| 1989-02-23 | Hearing of the application for leave to appeal, 1989-02-23, CJ W So | |
| 1989-02-23 | All materials on application for leave submitted to the Judges, 1989-02-23, CJ W So | |
| 1989-02-20 | All materials on application for leave submitted to the Judges, CJ W So | |
| 1989-02-03 | Court of Appeal casebooks and transcripts of evidence, , 1 copies volume 1 & 2 | |
| 1988-11-17 | Book of authorities, , 3 copies | Her Majesty the Queen |
| 1988-11-17 | Respondent's response on the application for leave to appeal, , 5 copies, with service | Roderick Russell Martineau |
| 1988-11-04 | Book of authorities, received, 1 copy, with service | Her Majesty the Queen |
| 1988-11-03 | Book of authorities, received, 3 copies | Her Majesty the Queen |
| 1988-11-03 | Court of Appeal casebooks and transcripts of evidence, received, 3 copies volumes 1 & 2 | |
| 1988-10-27 | Application for leave to appeal, 5 copies, Completed on: 1988-10-27 | Her Majesty the Queen |
| 1988-10-05 | Service | |
| 1988-09-27 | Notice of application for leave to appeal | 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 |
|---|---|---|
| Martineau, Roderick Russell | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Manitoba | Intervener | Active |
| Attorney General for Ontario | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Jack A. Watson, Q.C.
Attorney General of Alberta
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Martineau, Roderick Russell
Counsel
Philip G. Lister, Q.C.
1950 - 10015, 103RD AVE
EDMONTON, Alberta
T5J 0H1
Telephone: (403) 422-6114
FAX: (403) 421-0818
EDMONTON, Alberta
T5J 0H1
Telephone: (403) 422-6114
FAX: (403) 421-0818
Agent
V. Jennifer MacKinnon
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Manitoba
Counsel
Marva J. Smith
Attorney General of Manitoba
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-1951
FAX: (204) 945-0053
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-1951
FAX: (204) 945-0053
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General for Ontario
Counsel
W.J. Blacklock, Q.C.
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2302
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2302
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: Attorney General of British Columbia
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Party: Attorney General of Quebec
Counsel
Jacques Gauvin
Procureur général du Québec
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Canada
Counsel
Bruce A. Macfarlane, Q.C.
Attorney General of Canada
110 - 450 BROADWAY
WINNIPEG, Manitoba
R3C 0V8
Telephone: (204) 945-8389
110 - 450 BROADWAY
WINNIPEG, Manitoba
R3C 0V8
Telephone: (204) 945-8389
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.
None.
Lower court rulings
September 12, 1985
Court of Queen’s Bench of Alberta
Not listed
Court of Queen’s Bench of Alberta
Not listed
Conviction: Second degree murder
August 30, 1988
Court of Appeal of Alberta (Edmonton)
Not listed
Court of Appeal of Alberta (Edmonton)
Not listed
Appeal allowed - 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
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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.
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Date modified: 2025-05-13