Case information
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32912
Michael Erin Briscoe v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2010-04-16 | Appeal closed | |
| 2010-04-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-04-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-04-08 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0703-0096-A, 2008 ABCA 327, dated September 30, 2008, heard on December 10, 2009, is dismissed and the order for a new trial is confirmed. Dismissed |
|
| 2010-01-05 | Transcript received, (42 pages) | |
| 2009-12-10 | General proceeding, No concerns | Her Majesty the Queen |
| 2009-12-10 | Judgment reserved OR rendered with reasons to follow | |
| 2009-12-10 |
Hearing of the appeal, 2009-12-10, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-12-10 | General proceeding, Mr. Pringle did not mention any concerns | Michael Erin Briscoe |
| 2009-12-10 | Acknowledgement and consent for video taping of proceedings, all parties consented | |
| 2009-12-10 | Respondent's condensed book, Filed at the hearing | Her Majesty the Queen |
| 2009-12-10 | Appellant's condensed book, Filed at the hearing | Michael Erin Briscoe |
| 2009-12-08 | Correspondence received from, Lang Michener by e-mail re: wishes to take 55 minutes for arguments and 10 minutes for reply. Mr. Pringle will also be joined by Daniel Chivers. | Michael Erin Briscoe |
| 2009-11-30 | Notice of appearance, Jennifer Woollcombe will be appearing | Attorney General of Ontario |
| 2009-11-18 | Notice of appearance, Alexander D. Pringle, Q.C. and Anna Konye will be appearing | Michael Erin Briscoe |
| 2009-11-12 | Notice of appearance, James C. Robb, Q.C. and Tamara Friesen will be appearing | Her Majesty the Queen |
| 2009-09-23 |
Order by, LeB, AND FURTHER TO THE ORDER dated April 17, 2009, granting leave to intervene to the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2009-09-23 | Order on motion to extend time, (joint with oral argument) | |
| 2009-09-23 |
Decision on motion to extend time, to serve and file the intervener, A.G. Ont.'s factum and book of authorities to Sept. 16/09 , LeB Granted |
|
| 2009-09-22 | Submission of motion to extend time, LeB | |
| 2009-09-21 | Response to motion to extend time, (Letter Form), from Jeffrey Beedell dated Sept. 21/09, Completed on: 2009-09-21 | Michael Erin Briscoe |
| 2009-09-18 | Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated Sept. 17/09, Completed on: 2009-09-18 | Her Majesty the Queen |
| 2009-09-16 | Motion to extend time, to serve and file the intervener's factum and book of authorities to Sept.16/09 and to present oral argument at the hearing of the appeal, Completed on: 2009-09-16 | Attorney General of Ontario |
| 2009-09-16 | Intervener's book of authorities, Completed on: 2009-09-16 | Attorney General of Ontario |
| 2009-09-16 | Intervener's factum, Completed on: 2009-09-16 | Attorney General of Ontario |
| 2009-08-17 | Appeal perfected for hearing | |
| 2009-08-13 | Notice of hearing sent to parties | |
| 2009-08-11 |
Appeal hearing scheduled, 2009-12-10, (Starting time 9:00 a.m.) Judgment reserved |
|
| 2009-07-17 | Respondent's book of authorities, Vol. 1 and 2, Completed on: 2009-07-17 | Her Majesty the Queen |
| 2009-07-17 | Respondent's factum, Completed on: 2009-07-17 | Her Majesty the Queen |
| 2009-07-17 | Order on motion for leave to intervene, (BY LEBEL J.) | |
| 2009-07-17 |
Decision on the motion for leave to intervene, LeB, The motion for leave to intervene by the Attorney General of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2009-07-16 | Submission of motion for leave to intervene, LeB | |
| 2009-07-15 | Response to the motion for leave to intervene, (Letter Form), from Jeffrey Beedell dated July 15/09, Completed on: 2009-07-15 | Michael Erin Briscoe |
| 2009-07-10 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated July 10/09, Completed on: 2009-07-10 | Her Majesty the Queen |
| 2009-07-07 | Motion for leave to intervene, Completed on: 2009-07-07 | Attorney General of Ontario |
| 2009-06-11 | Appellant's book of authorities, Completed on: 2009-06-11 | Michael Erin Briscoe |
| 2009-06-11 | Appellant's factum, Completed on: 2009-06-11 | Michael Erin Briscoe |
| 2009-05-28 | Appellant's record, Joint with respondent and 33010 (16 volumes), Completed on: 2009-05-28 | Michael Erin Briscoe |
| 2009-04-15 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2009-03-19 | Notice of appeal, Completed on: 2009-03-19 | Michael Erin Briscoe |
| 2009-02-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-02-20 | Judgment on leave sent to the parties | |
| 2009-02-19 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0703-0096-A, 2008 ABCA 327, dated September 30, 2008, are granted. Granted |
|
| 2009-01-19 | Applicant's reply to respondent's argument, (sent to the judges on January 23, 2009), Completed on: 2009-01-19 | Michael Erin Briscoe |
| 2009-01-12 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2009-01-12 | Submission of motion to extend time to file and/ or serve the leave application, Bi F Cha | |
| 2008-12-23 | Response to the motion to extend the time to file and / or serve the leave application, Included in the response, Completed on: 2008-12-23 | Her Majesty the Queen |
| 2008-12-23 | Respondent's response on the application for leave to appeal, Completed on: 2008-12-23 | Her Majesty the Queen |
| 2008-12-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-12-05 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2008-12-05 | Michael Erin Briscoe |
| 2008-12-05 | Application for leave to appeal, Amended Notice of application for leave to appeal filed on January 7, 2009, Completed on: 2008-12-05 | Michael Erin Briscoe |
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 |
|---|---|---|
| Briscoe, Michael Erin | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Briscoe, Michael Erin
Counsel
Anna Konye
Daniel Chivers
300, 10150 - 100 Street
Edmonton, Alberta
T5J 0P6
Telephone: (780) 424-8866
FAX: (780) 426-1470
Email: apringle@pringleandassociates.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Her Majesty the Queen
Counsel
Tamara Friesen
9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: james.robb@gov.ab.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4604
FAX: (416) 326-4656
Email: jennifer.woollcombe@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Charter of Rights - Criminal law - Fundamental justice - Offences - Elements of offence - Murder - Kidnapping - Wilful blindness - Party to offence - Whether wilful blindness can satisfy part or all of the mens rea required to convict an accused of the offence of murder when it is alleged that he is a party to this offence under s. 21(1)(b) of the Criminal Code - If wilful blindness is sufficient mens rea to convict an accused of murder when it is alleged that he is a party under s. 21(1)(b) of the Criminal Code then is there sufficient mens rea for this offence to comply with s. 7 of the Canadian Charter of Rights and Freedoms? - Whether wilful blindness can satisfy part or all of the mens rea required to convict an accused of kidnapping when it is alleged that he or she is a party to this offence under s. 21(1)(b) of the Criminal Code - Canadian Charter of Rights and Freedoms, s. 7 - Criminal Code, s. 21(1)(b).
On April 3rd, 2005, a 13-year-old girl was lured to a deserted golf course where she was raped and murdered. Five people were charged for their involvement. Two females and one male were under the age of 18. Another male, Joseph Laboucan, was 19 years old and the Appellant was 34 years old. The trial judge found Laboucan guilty of first degree murder, kidnapping and aggravated sexual assault. The Appellant was acquitted on those charges. The trial judge found that although he had aided Laboucan and the others, he did not have the requisite intent for the offences. The appeal was allowed, the acquittal overturned and the case returned for retrial.
Lower court rulings
Court of Queen’s Bench of Alberta
050593045Q2, 2007 ABQB 196
Applicant found not guilty of murder, aggravated sexual assault and kidnapping
Court of Appeal of Alberta (Edmonton)
0703-0096-A, 2008 ABCA 327
Appeal allowed, acquittals set aside and new trial ordered on all counts
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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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