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.
33467
Thieu Kham Tran v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-11-30 | Appeal closed | |
| 2010-11-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-11-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-11-26 |
Judgment on the appeal rendered, Bi De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0603-0065-A, 2008 ABCA 209, dated June 2, 2008, heard on May 13, 2010, is dismissed. Dismissed |
|
| 2010-05-28 | Transcript received, (63 pages) | |
| 2010-05-13 | Judgment reserved OR rendered with reasons to follow | |
| 2010-05-13 | Respondent's condensed book, Filed in Court | Her Majesty the Queen |
| 2010-05-13 |
Hearing of the appeal, 2010-05-13, Bi De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-05-13 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2010-04-30 |
Order by, Cro, FURTHER TO THE ORDER dated March 29, 2010, 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 |
|
| 2010-04-30 | Notice of appearance, Riun Shandler and Stacey D. Young will be appearing and Mr. Shandler will be making oral representation | Attorney General of Ontario |
| 2010-04-30 | Notice of appearance, Susan D. Hughson, Q.C. and Jason Russell will be appearing | Her Majesty the Queen |
| 2010-04-30 | Correspondence received from, Gowlings by e-mail, re.: request for 1 reserved seat at the hearing | Her Majesty the Queen |
| 2010-04-29 | Intervener's book of authorities, Completed on: 2010-04-29 | Attorney General of Ontario |
| 2010-04-29 | Intervener's factum, Completed on: 2010-05-12 | Attorney General of Ontario |
| 2010-04-29 | Order on motion to extend time | |
| 2010-04-29 |
Decision on motion to extend time, to serve and file the respondent's supplemental record and factum to April 16, 2010 and its book of authorities to April 19, 2010, and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of th appeal, Cro Granted |
|
| 2010-04-29 | Submission of motion to extend time, Cro | |
| 2010-04-27 | Notice of appearance, Peter Royal will be appearing | Thieu Kham Tran |
| 2010-04-22 | Response to motion to extend time, Completed on: 2010-04-22 | Thieu Kham Tran |
| 2010-04-21 | Motion to extend time, to serve and file the respondent's supplemental record and factum to Apr. 16/10, book of authorities to Apr. 19/10 and present oral submission at the hearing, Completed on: 2010-04-21 | Her Majesty the Queen |
| 2010-04-19 | Respondent's book of authorities, Vol. 1 and 2, Completed on: 2010-04-16 | Her Majesty the Queen |
| 2010-04-16 | Supplemental document, Supplemental Record of the Respondent, Completed on: 2010-04-16 | Her Majesty the Queen |
| 2010-04-16 | Respondent's factum, extension of time rec'd April 21, 2010, Completed on: 2010-04-16 | Her Majesty the Queen |
| 2010-04-14 | Correspondence received from, (Letter Form), Consent to materials being filed late. | Thieu Kham Tran |
| 2010-04-13 | Correspondence received from, (Letter Form), Ms. Hughson dated April 13-10 re: will be late filing their materials | Her Majesty the Queen |
| 2010-04-13 | Appeal perfected for hearing | |
| 2010-03-29 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2010-03-29 |
Decision on the motion for leave to intervene, Cro, The motion for leave to intervene of 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 on or before April 29, 2010. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be 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 respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2010-03-29 | Submission of motion for leave to intervene, Cro | |
| 2010-03-25 | Respondent's record, Completed on: 2010-03-25 | Her Majesty the Queen |
| 2010-03-17 | Response to the motion for leave to intervene, email from Gowlings dated March 17/10, Completed on: 2010-03-17 | Her Majesty the Queen |
| 2010-03-15 | Motion for leave to intervene, Completed on: 2010-03-15 | Attorney General of Ontario |
| 2010-03-12 | Notice of hearing sent to parties | |
| 2010-03-12 |
Appeal hearing scheduled, 2010-05-13, (start time 9:30 am) Judgment reserved |
|
| 2010-02-16 | Appellant's book of authorities, Completed on: 2010-02-23 | Thieu Kham Tran |
| 2010-02-16 | Appellant's record, Completed on: 2010-02-23 | Thieu Kham Tran |
| 2010-02-16 | Appellant's factum, Completed on: 2010-02-23 | Thieu Kham Tran |
| 2010-01-13 | Order on motion to extend time to serve and/or file notice of appeal, (BY BINNIE J.) | |
| 2010-01-13 |
Decision on motion to extend time to serve and/or file notice of appeal, Bi, UPON APPLICATION by the appellant for an order extending the time to serve and file a notice of appeal as of right from the judgment of the Court of Appeal of Alberta dated June 2, 2008; THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2010-01-13 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Bi | |
| 2010-01-07 | Response to motion to extend time to serve and/or file notice of appeal, (bookform), Completed on: 2010-01-07 | Her Majesty the Queen |
| 2009-12-30 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2009-12-10 | Motion to extend the time to serve and/or file the notice of appeal, Included in the Notice of Appeal, Completed on: 2009-12-10 | Thieu Kham Tran |
| 2009-12-10 | Notice of appeal, (3 copies), Completed on: 2009-12-10 | Thieu Kham Tran |
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 |
|---|---|---|
| Tran, Thieu Kham | 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: Tran, Thieu Kham
Counsel
Kelly Doctor
9636 - 102A Avenue
Suite 200
Edmonton, Alberta
T5H 0G5
Telephone: (780) 432-0919
FAX: (780) 439-6562
Email: proyal@royalteskey.com
Agent
500- 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: kdoctor@sgmlaw.com
Party: Her Majesty the Queen
Counsel
Jason Russell
Appeals and Prosecution Policy Branch
1620, 639 - 5 Avenue S.W.
Calgary, Alberta
T2P9
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: sue.hughson@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
Stacey Young
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2353
FAX: (416) 326-4656
Email: riun.shandler@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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 - Defences - Defence of provocation - Air of reality to the defence - Whether the Court of Appeal erred in law in overturning the trial judge’s finding that there was an air of reality to the defence of provocation - Whether the Court of Appeal erred in finding that the trial judge erred in law in the application of the ordinary person test by converting it to a subjective standard - Criminal Code, R.S.C. 1985, c. C-46, s. 232.
The Appellant was charged with second degree murder. The trial judge found that the excuse of provocation was available to the Appellant, and she convicted him of the lesser and included offence of manslaughter. The majority of the Court of Appeal allowed the appeal and entered a conviction of second degree murder on the basis that there was no air of reality to the defence of provocation. Watson J.A., concurring in the result, agreed entirely with the Crown’s position on appeal that the trial judge erred in law in finding that the provocation excuse had been met from both an objective and a subjective perspective. In Watson J.A.’s view, the trial judge was persuaded to apply the words of s. 232 of the Criminal Code “in a discrete manner which caused her to misdirect herself in law as to crucial features of the concepts of ‘insult’ and ‘suddenness’ contemplated by that section.”
Lower court rulings
Court of Queen’s Bench of Alberta
040453227Q2
See file
Court of Appeal of Alberta (Edmonton)
0603-0065-A, 2008 ABCA 209
See file
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
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