Case information
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34272
Her Majesty the Queen v. Nicole Patricia Ryan
(Nova Scotia) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-09-11 | Correspondence (sent by the Court) to, Mr. Michael Ryan re: response to request for review | |
| 2013-08-16 | Correspondence received, Mr. Michael Ryan re: request for review (book form) | |
| 2013-02-04 | Appeal closed | |
| 2013-01-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-01-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-01-18 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 327746, 2011 NSCA 30, dated March 29, 2011, heard on June 14, 2012, is allowed and a stay of proceedings is entered. Fish J. is dissenting in part. Allowed |
|
| 2012-12-14 | Correspondence received from, Henry Brown dated Dec 14/12 re: will not be present at the lock-up | Her Majesty the Queen |
| 2012-12-11 | Correspondence received from, William D. Delaney, Q.C. dated Dec. 11/12 in reply to respondent's additional submissions (sent to the Court Dec. 12/12) | Her Majesty the Queen |
| 2012-12-10 | Supplemental document, Respondent's additional submissions (sent to the Court Dec. 12/12), Completed on: 2012-12-10 | Nicole Patricia Ryan |
| 2012-11-29 | Correspondence received from, William Delaney dated November 29, 2012. Re: Response to the letter sent from the Court dated November 16, 2012 (sent to the Court Dec. 12/12) | Her Majesty the Queen |
| 2012-11-23 | Correspondence received from, H. Brown, dated Nov. 23; deadline for further submissions | Her Majesty the Queen |
| 2012-11-16 | Correspondence (sent by the Court) to, all parties, by email on Nov. 23, Re: further submissions (appellant until Dec. 3; respondent until Dec. 10) | |
| 2012-08-02 | Media lock-up request accepted | |
| 2012-07-23 | Media lock-up consent form received from, Howard Krongold | Criminal Lawyers' Association of Ontario |
| 2012-07-19 | Media lock-up consent form received from, Joel Pink | Nicole Patricia Ryan |
| 2012-07-18 | Media lock-up consent form received from, Jennifer MacLellan | Her Majesty the Queen |
| 2012-07-11 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2012-07-06 | Media lock-up requested or proposed | |
| 2012-06-26 | Transcript received, (67 pages) | |
| 2012-06-14 | Judgment reserved OR rendered with reasons to follow | |
| 2012-06-14 | Hearing of the appeal, 2012-06-14, CJ LeB De F Abe Ro Cro Mo Ka | |
| 2012-06-14 | Intervener's condensed book, (14 copies) distributed at the hearing | Attorney General of Ontario |
| 2012-06-14 | Respondent's condensed book, 14 copies (distributed at the hearing) | Nicole Patricia Ryan |
| 2012-06-14 | Appellant's condensed book, 14 copies (distributed at the hearing) | Her Majesty the Queen |
| 2012-06-14 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-06-07 | Correspondence received from, William D. Delaney, Q.C., dated June 7-12, by fax, Re: webcast and publication ban | Her Majesty the Queen |
| 2012-06-07 | Notice of appearance, Joanna Birenbaum will not be appearing - Christine Boyle will present oral arguments | Canadian Association of Elizabeth Fry Societies and Women's Legal Education and Action Fund |
| 2012-06-05 | Correspondence received from, Andrew R. Nielsen, dated June 5-12, by fax, Re: additional reserved seat | Nicole Patricia Ryan |
| 2012-05-29 | Notice of appearance, Susan Chapman and Howard Krongold will be present at the hearing | Criminal Lawyers' Association of Ontario |
| 2012-05-29 | Notice of appearance, Christine Boyle and Joanna Birenbaum will be present at the hearing | Canadian Association of Elizabeth Fry Societies and Women's Legal Education and Action Fund |
| 2012-05-29 | Notice of appearance, John Corelli and Holly Loubert will be present at the hearing | Attorney General of Ontario |
| 2012-05-28 |
Order by, Cro, FURTHER TO THE ORDER dated March 30, 2012, granting leave to intervene to the Criminal Lawyers' Association of Ontario, the Attorney General of Ontario and the Canadian Association of Elizabeth Fry Societies and Women’s Legal Education and Action Fund; IT IS HEREBY FURTHER ORDERED that the Criminal Lawyers’ Association of Ontario and the Attorney General of Ontario are each granted permission to present oral argument not exceeding 10 minutes and that the joint interveners Canadian Association of Elizabeth Fry Societies and Women’s Legal Education and Action Fund are jointly granted permission to present oral argument not exceeding 10 minutes. Granted, no order as to costs |
|
| 2012-05-25 | Intervener's book of authorities, CD and Form rec'd May 29/12, Completed on: 2012-05-29 | Criminal Lawyers' Association of Ontario |
| 2012-05-25 | Intervener's factum, CD and Form rec'd May 29/12, Completed on: 2012-05-29 | Criminal Lawyers' Association of Ontario |
| 2012-05-25 | Intervener's book of authorities, Completed on: 2012-05-25 | Canadian Association of Elizabeth Fry Societies and Women's Legal Education and Action Fund |
| 2012-05-25 | Intervener's factum, Completed on: 2012-05-25 | Canadian Association of Elizabeth Fry Societies and Women's Legal Education and Action Fund |
| 2012-05-25 | Intervener's book of authorities, Completed on: 2012-05-25 | Attorney General of Ontario |
| 2012-05-25 | Intervener's factum, Completed on: 2012-05-25 | Attorney General of Ontario |
| 2012-05-15 | Notice of appearance, William D. Delaney, Q.C. and Jennifer A. MacLellan will be present at the hearing | Her Majesty the Queen |
| 2012-05-14 | Order on motion to extend time | |
| 2012-05-14 |
Decision on motion to extend time, F, to serve and file the respondent's factum and book of authorities to Apr. 10, 2012 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of this appeal Granted |
|
| 2012-05-14 | Submission of motion to extend time, F | |
| 2012-04-23 | Response to motion to extend time, email from W. Delaney dated Apr. 23/12, Completed on: 2012-04-23 | Her Majesty the Queen |
| 2012-04-19 | Motion to extend time, to serve and file the respondent's factum and book of authorities to Apr. 10, 2012 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of this appeal., Completed on: 2012-04-19 | Nicole Patricia Ryan |
| 2012-04-10 | Respondent's book of authorities, Completed on: 2012-04-10 | Nicole Patricia Ryan |
| 2012-04-10 | Respondent's factum, Motion for extension of time requested - Rec'd on April 19, 2012, Completed on: 2012-05-14 | Nicole Patricia Ryan |
| 2012-04-10 | Correspondence received from, 5 reserved seats requested | Nicole Patricia Ryan |
| 2012-04-05 | Appeal perfected for hearing | |
| 2012-04-02 | Letter sent to Intervener(s) | |
| 2012-03-30 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-03-30 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Criminal Lawyers' Association of Ontario for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND UPON APPLICATIONS by the Attorney General of Ontario and the Canadian Association of Elizabeth Fry Societies and Women’s Legal Education and Action Fund for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of 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 May 25, 2012. The motions for leave to intervene of the Attorney General of Ontario and the Canadian Association of Elizabeth Fry Societies and Women’s Legal Education and Action Fund are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before May 25, 2012. The requests to present oral argument are 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 interventions. Granted |
|
| 2012-03-30 | Submission of motion for leave to intervene, Cro | |
| 2012-03-15 | Notice of appearance, Joel E. Pink, Brian H. Greenspan, Andrew Nielson and Noami Lutes will be appearing | Nicole Patricia Ryan |
| 2012-03-14 | Response to the motion for leave to intervene, (Letter Form), from William D. Delaney, Q.C., Completed on: 2012-03-14 | Her Majesty the Queen |
| 2012-03-13 | Response to the motion for leave to intervene, email from Gowlings dated March 13/12 (by CLA and CAEFS-LEAF), Completed on: 2012-03-13 | Nicole Patricia Ryan |
| 2012-03-13 | Motion for leave to intervene, (joint with an extension of time), Completed on: 2012-03-21 | Criminal Lawyers' Association of Ontario |
| 2012-03-09 | Notice of hearing sent to parties | |
| 2012-03-09 | Appeal hearing scheduled, 2012-06-14 | |
| 2012-03-08 | Motion for leave to intervene, (bookform), Completed on: 2012-03-08 | Canadian Association of Elizabeth Fry Societies and Women's Legal Education and Action Fund |
| 2012-03-08 | Response to the motion for leave to intervene, email from Gowlings dated March 8/12 (by A.G. of Ont.), Completed on: 2012-03-08 | Nicole Patricia Ryan |
| 2012-03-07 | Motion for leave to intervene, Completed on: 2012-03-07 | Attorney General of Ontario |
| 2012-02-20 | Correspondence received from, Henry S. Brown, Q.C. by email dated Feb. 20/12 in response to Mr. Greenspan's request to delay | Her Majesty the Queen |
| 2012-02-16 | Correspondence received from, Brian H. Greenspan dated Feb. 16/12 requesting re-scheduling the appeal | Nicole Patricia Ryan |
| 2012-02-13 | Correspondence received from, Henry S. Brown, dated Feb.13/12, Re: advise the Court that appellant's factum does not need to be sealed | Her Majesty the Queen |
| 2012-02-09 | Appellant's record, (11 volumes) (SEALED) One set of redacted copies filed, Completed on: 2012-04-10 | Her Majesty the Queen |
| 2012-02-09 | Appellant's book of authorities, Completed on: 2012-02-09 | Her Majesty the Queen |
| 2012-02-09 | Appellant's factum, Not sealed - Public version, Completed on: 2012-02-09 | Her Majesty the Queen |
| 2012-01-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-11-10 | Order on motion to seal | |
| 2011-11-10 |
Decision on motion to seal, Reg, the Appellant's Factum and Record, and other material such that only the judges and staff of this Court may have access to them Granted |
|
| 2011-11-10 | Submission of motion to seal, Reg | |
| 2011-11-02 | Response to motion to seal, Completed on: 2011-11-02 | Nicole Patricia Ryan |
| 2011-11-02 | Motion to seal, the Appellant's Factum and Record, and other material such that only the judges and staff of this Court may have access to them. (Book form), Completed on: 2011-11-02 | Her Majesty the Queen |
| 2011-11-02 | Notice of appeal, CD missing - Rec'd on November 9, 2011, Completed on: 2011-11-09 | 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 application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 327746, 2011 NSCA 30, dated March 29, 2011, is granted without costs. Granted, without costs |
|
| 2011-08-22 | All materials on application for leave submitted to the Judges, CJ De Cha | |
| 2011-07-07 | Correspondence received from, Ed VanBemmel dated Jul 6/11 Re: confirmation that nothing in the response is subject to the sealing order. | Nicole Patricia Ryan |
| 2011-06-29 | Order on motion to seal | |
| 2011-06-29 |
Decision on motion to seal, Cha, UPON APPLICATION by the applicant for an order sealing the application for leave to appeal and for directions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1)The motion is granted. 2)The application for leave to appeal and any additional material related to this application for leave to appeal, response and reply which contain the pertinent confidential information shall also be filed in a sealed envelope and will only be made available to members of this Court, Court staff and other persons as the parties may, in writing, agree. 3)The parties shall file redacted public versions of their materials. Granted |
|
| 2011-06-29 | Submission of motion to seal, Cha | |
| 2011-06-27 | Book of authorities | Nicole Patricia Ryan |
| 2011-06-27 | Respondent's response on the application for leave to appeal, Completed on: 2011-06-27 | Nicole Patricia Ryan |
| 2011-06-09 | Correspondence received from, From Gowling Lafleur Henderson LLP on Jun 9, 2011. RE: Notice of agent representing two opposing parties. | Her Majesty the Queen |
| 2011-06-09 | Response to motion to seal, Consent to the motion, Completed on: 2011-06-09 | Nicole Patricia Ryan |
| 2011-06-08 | Motion to seal, the unredacted application for leave such that only the Judges and staff of this Court may have access to the file (bookform), Completed on: 2011-06-08 | Her Majesty the Queen |
| 2011-05-30 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-05-26 | Book of authorities | Her Majesty the Queen |
| 2011-05-26 | Application for leave to appeal, (SEALED) (Motion to seal filed June 8/11with 2 redacted copies of application for leave), Completed on: 2011-06-09 | 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 |
|---|---|---|
| Ryan, Nicole Patricia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Canadian Association of Elizabeth Fry Societies and Women's Legal Education and Action Fund | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Maritime Centre
1225 - 1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6795
FAX: (902) 424-4484
Email: delanewd@gov.ns.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: Ryan, Nicole Patricia
Counsel
Brian H. Greenspan (co-counsel)
Andrew Nielsen
Naomi Lutes
303-1583 Hollis Street
Halifax, Nova Scotia
B3J 2X1
Telephone: (902) 423-7777
FAX: (902) 423-9588
Email: jepink@criminaldefence.com
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
Party: Canadian Association of Elizabeth Fry Societies and Women's Legal Education and Action Fund
Counsel
Joanna Birenbaum
1822 East Mall
Faculty of Law
Vancouver, British Columbia
V6T 1Z1
Telephone: (604) 822-3403
FAX: (604) 822-8108
Email: boyle@law.ubc.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Attorney General of Ontario
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2618
FAX: (416) 326-4656
Email: john.corelli@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Criminal Lawyers' Association of Ontario
Counsel
Howard Krongold
10th Fl., 30 St. Clair Ave. W.
Toronto, Ontario
M4V 3A1
Telephone: (416) 969-3061
FAX: (416) 968-0325
Email: schapman@upfhlaw.ca
Agent
397 Gladstone Avenue
Suite 100
Ottawa, Ontario
K2P 0Y9
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.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 — Counselling to commit murder — Defences — Duress — Whether the Nova Scotia Court of Appeal erred in law by expanding the defence of duress in a manner never before seen in the common law defence of duress or in respect of s. 17 of the Criminal Code, thus erroneously conflating duress and self defence — Whether the Nova Scotia Court of Appeal erred in failing to follow R. v. Ruzic, [2001] 1 S.C.R. 687 to apply reasonable but strict standards to an evaluation of the defence of duress so as to ensure that unmeritorious claims of duress do not succeed — Whether the Nova Scotia Court of Appeal erred in law in upholding the Respondent’s acquittal
Nicole Ryan tried to take a contract out on her estranged husband’s life. Fortunately, she failed because the man she approached to commit the crime was an undercover R.C.M.P. officer. She was charged with counselling to commit murder. At trial, Ms. Ryan admitted the accusations but claimed that she was acting under duress. Essentially, she asserted that she was the victim of years of abuse at the hands of her husband who threatened to kill her and their child. She believed that he would act on those threats and that the police, having been contacted on numerous occasions, would be unable to prevent it. This, she felt, left her essentially with no other reasonable option. The trial judge accepted her defence and entered an acquittal. The appeal was dismissed.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
CRD-295372, 2010 NSSC 114
Respondent acquitted of counselling to commit murder
Nova Scotia Court of Appeal
CAC 327746, 2011 NSCA 30
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.
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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.
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