Case information
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34132
Her Majesty the Queen v. A.D.H.
(Saskatchewan) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-06-03 | Appeal closed | |
| 2013-05-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-05-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-05-17 |
Judgment on the appeal rendered, CJ F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1715-CR, 2011 SKCA 6, dated January 12, 2011, heard on October 11, 2012, is dismissed. Dismissed |
|
| 2012-10-30 | Transcript received, (90 pages) | |
| 2012-10-11 | Judgment reserved OR rendered with reasons to follow | |
| 2012-10-11 | Appellant's condensed book, Submitted in Court (12 copies) | Her Majesty the Queen |
| 2012-10-11 | General proceeding, Questionnaire following the hearing concerning the publication ban. | A.D.H. |
| 2012-10-11 | General proceeding, Questionnaire following the hearing concerning the publication ban. | Her Majesty the Queen |
| 2012-10-11 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2012-10-11 |
Hearing of the appeal, 2012-10-11, CJ F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2012-10-01 | Notice of appearance, Beverly Klatt and Dean Sinclair will be present at the hearing. | Her Majesty the Queen |
| 2012-09-20 | Notice of appearance, Valerie Harvey will be appearing | A.D.H. |
| 2012-09-19 | Notice of appearance, Gillian Roberts and JamieKlukach will be appearing | Attorney General of Ontario |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-10-11 Judgment reserved |
|
| 2012-05-30 | Order on motion to extend time | |
| 2012-05-30 |
Decision on motion to extend time, Reg, to serve and file the A.G. of Ont. intervener's book of authorities to May 9/12 Granted |
|
| 2012-05-30 | Submission of motion to extend time, Reg | |
| 2012-05-14 | Correspondence received from, Burke-Robertson rec'd by e-mail with cc. to all parties and new CD re: correction to page 6 of their factum | Attorney General of Ontario |
| 2012-05-09 | Motion to extend time, to serve and file the A.G. of Ont. intervener's book of authorities to May 9/12, Completed on: 2012-05-09 | Attorney General of Ontario |
| 2012-05-09 | Intervener's book of authorities, Motion for extension of time filed on May 9, 2012, Completed on: 2012-05-09 | Attorney General of Ontario |
| 2012-05-02 |
Order by, Ro, FURTHER TO THE ORDER dated March 7, 2012, 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 |
|
| 2012-05-02 | Intervener's factum, (new cd rec'd May 14/12), Completed on: 2012-05-02 | Attorney General of Ontario |
| 2012-03-21 | Appeal perfected for hearing | |
| 2012-03-19 | Respondent's book of authorities, Completed on: 2012-03-19 | A.D.H. |
| 2012-03-19 | Respondent's record, Completed on: 2012-03-19 | A.D.H. |
| 2012-03-19 | Respondent's factum, Completed on: 2012-04-05 | A.D.H. |
| 2012-03-09 | Letter sent to Intervener(s) | |
| 2012-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-03-07 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2012-03-07 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Attorney General 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 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 May 2, 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 |
|
| 2012-03-07 | Submission of motion for leave to intervene, Ro | |
| 2012-02-16 | Response to the motion for leave to intervene, Completed on: 2012-02-16 | Her Majesty the Queen |
| 2012-02-15 | Motion for leave to intervene, Completed on: 2012-02-15 | Attorney General of Ontario |
| 2012-01-24 | Appellant's book of authorities, Completed on: 2012-01-24 | Her Majesty the Queen |
| 2012-01-24 | Appellant's record, Completed on: 2012-01-24 | Her Majesty the Queen |
| 2012-01-24 | Appellant's factum, Completed on: 2012-01-24 | Her Majesty the Queen |
| 2011-11-08 | Notice of appeal, Completed on: 2011-11-08 | Her Majesty the Queen |
| 2011-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-10-21 | Judgment on leave sent to the parties | |
| 2011-10-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the respondent’s response is granted. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 1715-CR, 2011 SKCA 6, dated January 12, 2011, is granted without costs. Granted, without costs |
|
| 2011-10-20 |
Decision on motion to extend time Granted |
|
| 2011-09-06 | All materials on application for leave submitted to the Judges, CJ De Ro | |
| 2011-09-06 | Submission of motion to extend time, CJ De Ro | |
| 2011-08-02 | Response to motion to extend time, email from W. Dean Sinclair dated Aug. 2/11, Completed on: 2011-08-02 | Her Majesty the Queen |
| 2011-07-27 | Motion to extend time, Included in the response, Completed on: 2011-07-27 | A.D.H. |
| 2011-07-27 | Respondent's response on the application for leave to appeal, Completed on: 2011-07-27 | A.D.H. |
| 2011-06-22 | Correspondence received from, Pamela Cuelenaere, Q.C., dated June 17/11, by fax Re: update on respondent's application for legal aid | A.D.H. |
| 2011-03-14 | Letter acknowledging receipt of a complete application for leave to appeal, (sent by fax to Pamela Cuelenaere of Sask. Legal Aid on June 13/11) | |
| 2011-03-04 | Application for leave to appeal, Final CA Order rec'd March 10/11 (amended notice filed July 27/11), Completed on: 2011-03-04 | 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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| A.D.H. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
W. Dean Sinclair
1874 Scarth Street, 3rd Floor
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: bklatt@justice.gov.sk.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: A.D.H.
Counsel
Valerie N. Harvey
800 Central Avenue, 11th floor
Prince Albert Area Office
Prince Albert, Saskatchewan
S6V 6Z5
Telephone: (306) 953-2850
FAX: (306) 953-2866
Email: pcuelenaere@legalaid.sk.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Ontario
Counsel
Jamie Klukach
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2304
FAX: (416) 326-4656
Email: gillian.roberts@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 Appeal Charge of unlawfully abandoning a child so that the child’s life was likely to be endangered contrary to s. 218 of the Criminal Code Acquittal entered Appeal dismissed Whether the mens rea for an offence under s. 218 of the Criminal Code is subjective or is to be assessed by applying the modified objective standard If the mens rea is determined on a modified objective basis, whether a mistake of fact must be objectively reasonable, or whether it can be subjectively reasonable.
The respondent, A.D.H., was charged with unlawfully abandoning a child so that the child’s life was likely to be endangered contrary to s. 218 of the Criminal Code. The baby was born in a washroom at a Wal-Mart store. A.D.H. did not know she was pregnant. She did not think that the baby was alive when she quickly delivered it in the washroom toilet and then left the store. Management at the store called the emergency response team and the baby was transported to hospital where it was successfully resuscitated. By all reports the child is a normal and healthy child. The trial judge found, based on the expert evidence, that the birth was a precipitous birth, that A.D.H. did not know she was pregnant and that the baby was born at least a month premature. A.D.H. cooperated fully with the police and confirmed that she was the mother of the child. A.D.H. was acquitted and the appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2009 SKQB 261, C.R.J. No. 24 of 2008
Acquittal entered
Court of Appeal for Saskatchewan
1715-CR, 2011 SKCA 6
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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