Case information
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34145
Kerry David Walcer v. Her Majesty the Queen
(Saskatchewan) (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) |
|---|---|---|
| 2011-06-22 | Close file on Leave | |
| 2011-06-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-06-17 | Judgment on leave sent to the parties | |
| 2011-06-16 |
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 is granted. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers 1836 and 1841, 2011 SKCA 8, dated January 12, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2011-06-16 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2011-05-24 | All materials on application for leave submitted to the Judges, LeB F Cro | |
| 2011-05-24 | Submission of motion to extend time to file and/ or serve the leave application, LeB F Cro | |
| 2011-04-14 | Respondent's response on the application for leave to appeal, Completed on: 2011-04-14 | Her Majesty the Queen |
| 2011-04-14 | Response to the motion to extend the time to file and / or serve the leave application, (included in the response), Completed on: 2011-04-14 | Her Majesty the Queen |
| 2011-04-06 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2011-04-06 | Kerry David Walcer |
| 2011-04-01 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-03-18 | Application for leave to appeal, Motion for ext. of time required (rec'd April 6/11), Completed on: 2011-04-06 | Kerry David Walcer |
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 |
|---|---|---|
| Walcer, Kerry David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Walcer, Kerry David
Counsel
Ste #101, 88 - 13th Street East
Prince Albert, Saskatchewan
S6V 1C6
Telephone: (306) 763-7441
FAX: (306) 764-2882
Email: peterabrametz@sasktel.net
Party: Her Majesty the Queen
Counsel
123 - 2nd Avenue South, 10th Floor
Saskatoon, Saskatchewan
S7K 7E6
Telephone: (306) 975-4763
FAX: (306) 975-4507
Email: doug.curliss@ppsc.sppc.gc.ca
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
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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 – Trial – Pre-trial Procedure – Whether there was sufficient evidence at the preliminary inquiry to commit the applicant to stand trial on charges of conspiracy to traffic, trafficking, and possession of cocaine for the purposes of trafficking – Whether the Indictment should be quashed because it alleges conspiracy with an individual whose name was not mentioned at the preliminary inquiry – Whether the courts below erred when assessing the sufficiency of the evidence.
At the end of a preliminary inquiry, the applicant was committed to stand trial on charges of trafficking, possession for the purposes of trafficking and conspiracy to traffic in cocaine. He applied for a writ of certiorari from the Court of Queen’s Bench seeking to quash the committal. The Court of Queen’s Bench dismissed the application on the conspiracy count and quashed the committal to stand trial for trafficking and possession for the purposes of trafficking. The Court of Appeal held that the trial judge had properly committed the applicant to stand trial on all three counts.
Lower court rulings
Provincial Court of Saskatchewan
2009 SKPC 110
Committal to stand trial on charges of trafficking in cocaine, possession for the purposes of trafficking in cocaine, and conspiracy to traffic in cocaine.
Court of Queen’s Bench of Saskatchewan
2010 SKQB 133
Committals to stand trial for trafficking in cocaine and possession of the purposes of trafficking in cocaine quashed
Court of Appeal for Saskatchewan
1836, 1841, 2011 SKCA 8
Appeal by applicant dismissed; Appeal by Crown allowed and committals to stand trial for trafficking in cocaine and possession for the purposes of trafficking in cocaine restored
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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