Case information
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34080
Adrian John Walle v. Her Majesty the Queen
(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) |
|---|---|---|
| 2012-08-10 | Appeal closed | |
| 2012-07-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-07-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-07-27 |
Judgment on the appeal rendered, CJ De F Ro Cro Mo Ka, The motion to adduce fresh evidence and the appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0801-0350-A, 2010 ABCA 384, dated December 13, 2010, heard on April 13, 2012, are dismissed. Dismissed |
|
| 2012-07-27 |
Decision on motion to adduce new evidence, (see judgment on appeal) Dismissed |
|
| 2012-04-30 | Transcript received, (67 pages) | |
| 2012-04-13 | Judgment reserved OR rendered with reasons to follow | |
| 2012-04-13 |
Hearing of the appeal, 2012-04-13, CJ De F Ro Cro Mo Ka Judgment reserved |
|
| 2012-04-13 | Intervener's condensed book, (14 copies) distributed in Court | Criminal Lawyers' Association of Ontario |
| 2012-04-13 | Respondent's condensed book, (14 copies) distributed in Court | Her Majesty the Queen |
| 2012-04-13 | Appellant's condensed book, (14 copies) distributed in Court | Adrian John Walle |
| 2012-04-13 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-04-03 | Notice of appearance, Michael W. Lacy and Bradley Greenshields will be present at the hearing | Criminal Lawyers' Association of Ontario |
| 2012-04-03 | Notice of appearance, Jolaine Antonio and Kyra M. Kondro will be present at the hearing | Her Majesty the Queen |
| 2012-04-02 | Notice of appearance, Karen Molle and Jennifer Ruttan will be present at hearing | Adrian John Walle |
| 2012-03-29 |
Order by, Cro, FURTHER TO THE ORDER dated February 27, 2012, granting leave to intervene to the Criminal Lawyers’ Association 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 |
|
| 2012-03-26 | Intervener's book of authorities, Completed on: 2012-03-26 | Criminal Lawyers' Association of Ontario |
| 2012-03-26 | Intervener's factum, Completed on: 2012-03-26 | Criminal Lawyers' Association of Ontario |
| 2012-03-09 | Notice of hearing sent to parties | |
| 2012-03-09 |
Appeal hearing scheduled, 2012-04-13 Judgment reserved |
|
| 2012-03-05 | Respondent's book of authorities, Completed on: 2012-03-05 | Her Majesty the Queen |
| 2012-03-05 | Respondent's record, Completed on: 2012-03-05 | Her Majesty the Queen |
| 2012-03-05 | Respondent's factum, Completed on: 2012-03-05 | Her Majesty the Queen |
| 2012-03-05 | Appeal perfected for hearing | |
| 2012-02-27 | Correspondence received from, (by fax) J. Antonio, dated Feb. 27/12; requesting additional time to file the respondent's factum | Her Majesty the Queen |
| 2012-02-27 | Letter sent to Intervener(s) | |
| 2012-02-27 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-02-27 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Criminal Lawyers’ Association of Ontario 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 by the Criminal Lawyers’ Association 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 March 26, 2012. 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 |
|
| 2012-02-24 | Submission of motion for leave to intervene, Cro | |
| 2012-01-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-01-20 | Response to the motion for leave to intervene, (Bookform), Completed on: 2012-01-20 | Her Majesty the Queen |
| 2012-01-09 | Appellant's book of authorities, Completed on: 2012-01-09 | Adrian John Walle |
| 2012-01-09 | Appellant's record, Completed on: 2012-01-09 | Adrian John Walle |
| 2012-01-09 | Appellant's factum, Completed on: 2012-01-09 | Adrian John Walle |
| 2012-01-04 | Correspondence received from, M.F. Major dated Jan 4, 2012 re: change of agent | Adrian John Walle |
| 2011-11-04 | Response to the motion for leave to intervene, (Letter Form), from Marie-France Major dated Nov. 4/11, Completed on: 2011-11-04 | Adrian John Walle |
| 2011-11-03 | Motion for leave to intervene, Completed on: 2011-11-03 | Criminal Lawyers' Association of Ontario |
| 2011-10-24 | Order on motion to adduce new evidence, (BY CROMWELL J.) | |
| 2011-10-24 |
Decision on motion to adduce new evidence, Cro, UPON APPLICATION by the appellant for an order granting leave to adduce fresh evidence namely the affidavit, with exhibits, of Heather Dawn Schille, sworn September 8, 2011, and for an order extending the time of 60 days for filing its record, factum and book of authorities; AND UPON CROSS-APPLICATION by the respondent for an order to adduce fresh evidence namely the affidavit, with exhibits, of Rebecca Suzanne Kendall, sworn September 20, 2011; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion and cross-motion to adduce fresh evidence are referred to the panel of the Court hearing the appeal and may be argued at the commencement of the hearing. If so argued, the time required for the argument of these motions will be deducted from the time allotted to the appellant and respondent for the presentation of their submissions on the appeal. 2) The appellant is granted an extension of time to file its record, factum and book of authorities to January 9, 2012. Allowed in part |
|
| 2011-10-24 | Submission of motion to adduce new evidence, (to be heard at the hearing), Cro | |
| 2011-09-30 | Reply to motion to adduce new evidence, (Letter Form), from J. Antonio dated September 30, 2011 re: will not be filing a reply, Completed on: 2011-09-30 | Her Majesty the Queen |
| 2011-09-29 | Response to the motion to adduce new evidence, Completed on: 2011-09-29 | Adrian John Walle |
| 2011-09-29 | Reply to motion to adduce new evidence, Completed on: 2011-09-29 | Adrian John Walle |
| 2011-09-26 | Motion to adduce new evidence, included in the Respondent's response to the appellant's motion to adduce fresh evidence (12 add copies rec'd Oct. 26/11), Completed on: 2011-09-26 | Her Majesty the Queen |
| 2011-09-26 | Response to the motion to adduce new evidence, 2 volumes filed, joint with a motion to adduce fresh evidence (12 add copies rec'd Oct. 26/11), Completed on: 2011-09-26 | Her Majesty the Queen |
| 2011-09-14 | Motion to adduce new evidence, joint with an extension of time for filing of the appelant's material (12 add. copies rec'd Nov. 1/11)), Completed on: 2011-09-14 | Adrian John Walle |
| 2011-08-25 | Correspondence received from, Jolaine Antonio by fax, re.: hearing date | Her Majesty the Queen |
| 2011-08-19 | Notice of appeal, Completed on: 2011-08-19 | Adrian John Walle |
| 2011-07-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-07-04 | Judgment on leave sent to the parties | |
| 2011-06-30 |
Decision on motion to extend time, The motion for an extension of time to serve and file the respondent’s response is granted. Granted |
|
| 2011-06-30 |
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 of Alberta (Calgary), Number 0801-0350-A, 2010 ABCA 384, dated December 13, 2010, is granted without costs. Granted, without costs |
|
| 2011-05-02 | All materials on application for leave submitted to the Judges, CJ De Cha | |
| 2011-05-02 | Submission of motion to extend time, CJ De Cha | |
| 2011-03-21 | Applicant's reply to respondent's argument, will not be filing a reply, Completed on: 2011-03-21 | Adrian John Walle |
| 2011-03-21 | Motion to extend time, to serve and file the respondent's response (included in the response) Fee missing, Completed on: 2011-03-22 | Her Majesty the Queen |
| 2011-03-21 | Respondent's response on the application for leave to appeal, Completed on: 2011-03-21 | Her Majesty the Queen |
| 2011-02-18 | Correspondence received from, Karen B. Molle, dated Feb.17/11, by fax, Re: confirms that no final order expected from CA | Adrian John Walle |
| 2011-02-09 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-02-02 | Application for leave to appeal, Final CA order missing (none to be filed), Completed on: 2011-02-18 | Adrian John Walle |
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 |
|---|---|---|
| Walle, Adrian John | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Walle, Adrian John
Counsel
Jennifer Ruttan
Calgary, Alberta
T2N 2A1
Telephone: (403) 470-4858
FAX: (403) 262-1115
Email: karenmolle@gmail.com
Agent
397 Gladstone Avenue
Suite1
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Kyra M. Kondro
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 592-4902
FAX: (403) 297-3453
Email: jolaine.antonio@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: Criminal Lawyers' Association of Ontario
Counsel
144 King St. E.
3rd floor
Toronto, Ontario
M5C 1G8
Telephone: (416) 360-2776
Email: mlacy@lacywilkinson.ca
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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 Common sense inference Whether the Court of Appeal erred in failing to find that the appellant’s developmental deficits and alcohol consumption must be considered before relying on the common sense inference that a sane and sober person intends the natural and probable consequence of his actions as proof beyond a reasonable doubt of intent for second degree murder.
Walle was convicted of the second degree murder of Jeffery Shuckburgh. He appealed on the basis that he should have instead been convicted of manslaughter. Walle argued that the trial judge erred in inferring intent based on the “common sense” inference that a sane and sober person intends the natural and probable consequences of his actions. The Court of Appeal found that evidence that Walle had recently been held in hospital under a mental health warrant, had developmental delays, and had been drinking to a point short of impairment before the killing was insufficient, in and of itself, to lend an air of reality to the argument that he may therefore have lacked the requisite intent to kill. Walle’s appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
040026106Q1
Applicant convicted of second degree murder
Court of Appeal of Alberta (Calgary)
0801-0350-A, 2010 ABCA 384
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
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