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.
33650
Manasie Ipeelee v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2012-04-13 | Appeal closed | |
| 2012-03-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-03-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-03-23 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Ro, The appeal from the judgment of the Court of Appeal for Ontario, Number C50429, 2009 ONCA 892, dated December 15, 2009, heard on October 17, 2011, is allowed and a sentence of one year’s imprisonment is substituted. Rothstein J. is dissenting. Allowed |
|
| 2011-11-02 | Transcript received, (57 pages) | |
| 2011-11-02 | Correspondence received from, Gillian Roberts dated November 1, 2011. Re: Consent to the filing of the authority | Her Majesty the Queen |
| 2011-11-01 | Correspondence received from, Fergus J. (Chip) O'Connor dated November 1, 2011. Re: Filing of the authority R. v. Barnhart (Sent to the Court on November 2, 2011) | Manasie Ipeelee |
| 2011-10-17 | Judgment reserved OR rendered with reasons to follow | |
| 2011-10-17 | Intervener's condensed book, Submitted in Court (14 copies) | Director of Public Prosecutions |
| 2011-10-17 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2011-10-17 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-10-17 |
Hearing of the appeal, 2011-10-17, CJ Bi LeB De F Abe Ro Judgment reserved |
|
| 2011-10-11 | Notice of appearance, Gillian Roberts will be present at the hearing. | Her Majesty the Queen |
| 2011-10-04 | Notice of appearance, Susanne Boucher and François Lacasse will be present at the hearing. | Director of Public Prosecutions |
| 2011-09-30 | Notice of appearance, Jonathan Rudin and Amanda Driscoll will be present at the hearing. | Aboriginal Legal Services of Toronto Inc. |
| 2011-09-12 |
Order by, F, FURTHER TO THE ORDER dated May 25, 2011, granting leave to intervene to the Director of Public Prosecutions and Aboriginal Legal Services of Toronto Inc.; IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present oral argument not exceeding ten (10) minutes each at the hearing of this appeal. Granted |
|
| 2011-08-29 | Notice of appearance, F.J. O'Connor will be present at the hearing | Manasie Ipeelee |
| 2011-08-29 | Correspondence received from, Gowling by email, re.: request for 5 reserved seats at the hearing | Manasie Ipeelee |
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-07-22 |
Appeal hearing scheduled, 2011-10-17, (start time 9:00am) Judgment reserved |
|
| 2011-07-20 | Intervener's book of authorities, Completed on: 2011-07-20 | Director of Public Prosecutions |
| 2011-07-20 | Intervener's factum, Completed on: 2011-07-20 | Director of Public Prosecutions |
| 2011-07-19 | Intervener's book of authorities, Completed on: 2011-07-19 | Aboriginal Legal Services of Toronto Inc. |
| 2011-07-19 | Intervener's factum, Completed on: 2011-07-19 | Aboriginal Legal Services of Toronto Inc. |
| 2011-05-25 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2011-05-25 |
Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Director of Public Prosecutions and the Aboriginal Legal Services of Toronto Inc. for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Director of Public Prosecutions and the Aboriginal Legal Services of Toronto Inc. are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length. 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. The interveners 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention Granted |
|
| 2011-05-25 | Submission of motion for leave to intervene, F | |
| 2011-05-11 | Appeal perfected for hearing | |
| 2011-05-02 | Respondent's book of authorities, Completed on: 2011-05-02 | Her Majesty the Queen |
| 2011-05-02 | Respondent's record, (4 volumes), Completed on: 2011-05-02 | Her Majesty the Queen |
| 2011-05-02 | Respondent's factum, CD missing - Rec'd on May 10, 2011, Completed on: 2011-05-11 | Her Majesty the Queen |
| 2011-04-14 | Response to the motion for leave to intervene, by email from Burke-Robertson dated April 14, 2011, Completed on: 2011-04-14 | Her Majesty the Queen |
| 2011-04-05 | Correspondence received from, Amanda Driscoll dated Apr. 5/11 re Gary Stein is Ottawa agent | Aboriginal Legal Services of Toronto Inc. |
| 2011-04-04 | Motion for leave to intervene, Completed on: 2011-05-06 | Director of Public Prosecutions |
| 2011-04-04 |
Motion for leave to intervene, Bookform , Completed on: 2011-04-04 |
Aboriginal Legal Services of Toronto Inc. |
| 2011-03-07 | Appellant's book of authorities, Completed on: 2011-03-07 | Manasie Ipeelee |
| 2011-03-07 | Appellant's factum, Completed on: 2011-03-07 | Manasie Ipeelee |
| 2011-03-04 | Appellant's record, (2 volumes), Completed on: 2011-03-04 | Manasie Ipeelee |
| 2010-11-24 | Notice of appeal, CD missing - Rec'd on November 26, 2010, Completed on: 2010-11-26 | Manasie Ipeelee |
| 2010-11-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-10-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-10-29 | Judgment on leave sent to the parties | |
| 2010-10-28 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C50429, 2009 ONCA 892, dated December 15, 2009, are granted without costs. Granted, without costs |
|
| 2010-10-28 |
Decision on motion to extend time to file and /or serve the leave application Granted, without costs |
|
| 2010-07-12 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-07-12 | Submission of motion to extend time to file and/ or serve the leave application, Bi F Ro | |
| 2010-05-25 | Applicant's reply to respondent's argument, Completed on: 2010-05-25 | Manasie Ipeelee |
| 2010-05-14 | Respondent's response on the application for leave to appeal, Completed on: 2010-05-14 | Her Majesty the Queen |
| 2010-04-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-04-16 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2010-04-16 | Manasie Ipeelee |
| 2010-04-16 | Application for leave to appeal, Completed on: 2010-04-16 | Manasie Ipeelee |
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 |
|---|---|---|
| Ipeelee, Manasie | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions | Intervener | Active |
| Aboriginal Legal Services of Toronto Inc. | Intervener | Active |
Counsel
Party: Ipeelee, Manasie
Counsel
P.O. Box 1959 Stn. Main
Kingston, Ontario
K7L 5J7
Telephone: (613) 546-5581
FAX: (613) 546-5540
Email: oconnor@kos.net
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: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2304
FAX: (416) 326-4656
Email: gillian.roberts@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Aboriginal Legal Services of Toronto Inc.
Counsel
Amanda Driscoll
415 Yonge Street
Suite 803
Toronto, Ontario
M5B 2E7
Telephone: (416) 408-4041
FAX: (416) 408-4268
Agent
406 - 1355 Bank St.
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
Party: Director of Public Prosecutions
Counsel
Nunavut Regional Office
P.O. Box 1030
Iqaluit, Nunavut
X0A 0H0
Telephone: (867) 975-4603
FAX: (867) 975-4606
Agent
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
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.
Criminal law - Sentencing - Aboriginal Offenders - Application of R. v. Gladue, [1999] 1 S.C.R. 688, and s. 718.2(e) of the Criminal Code - Whether the sentencing judge erred in failing to give adequate consideration to the circumstances of the Applicant as an aboriginal offender - Whether the offence is one of those offences for which the sentence will not differ as between aboriginal and non-aboriginal offender - Whether the duration of the sentence is excessive - Whether the sentencing principles were properly applied.
The Applicant was found in possession of alcohol and in a severely intoxicated state riding a bicycle the wrong way on a one-way portion of a major downtown street. The Applicant plead guilty to this offence of breaching the alcohol abstention condition of his long-term supervision order. The sentencing judge imposed the following sentence: 30 months imprisonment, in addition to six months pre-sentence custody. The Court of Appeal allowed leave to appeal the sentence and dismissed the appeal.
Lower court rulings
Ontario Court of Justice
M37546
Sentence imposed: 30 months imprisonment, in addition to six months pre-sentence custody
Court of Appeal for Ontario
C50429, 2009 ONCA 892
Leave to appeal sentence granted; appeal 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
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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