Case information
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34780
P.D.T. v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2012-12-18 | Appeal closed | |
| 2012-11-27 | Transcript received, (32 pages) | |
| 2012-11-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-11-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-11-09 |
Judgment on the appeal rendered, CJ F Abe Ro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0048-A, 2012 ABCA 68, dated March 5, 2012, was heard this day and the following judgment was rendered orally: THE CHIEF JUSTICE — This is an appeal as of right. The only issue is whether the verdict of guilt was unreasonable. We agree with the majority of the Court of Appeal that the verdict is not unreasonable. The appeal is dismissed and the conviction affirmed. Dismissed |
|
| 2012-11-09 |
Hearing of the appeal, 2012-11-09, CJ F Abe Ro Mo Ka Wa Judgment rendered |
|
| 2012-11-09 | Respondent's condensed book, (14 copies) distributed at the hearing | Her Majesty the Queen |
| 2012-11-09 | Appellant's condensed book, (14 copies) distributed at the hearing | P.D.T. |
| 2012-11-09 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-10-18 | Notice of appearance, Maureen McGuire will be present at the hearing. | Her Majesty the Queen |
| 2012-10-18 | Notice of appearance, Deborah Hatch will be present at the hearing. | P.D.T. |
| 2012-08-23 | Appeal perfected for hearing | |
| 2012-08-22 | Respondent's record, Completed on: 2012-08-22 | Her Majesty the Queen |
| 2012-08-22 | Respondent's book of authorities, Completed on: 2012-08-22 | Her Majesty the Queen |
| 2012-08-22 | Respondent's factum, Completed on: 2012-08-22 | Her Majesty the Queen |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-11-09 Judgment rendered |
|
| 2012-06-28 | Appellant's record, Completed on: 2012-06-28 | P.D.T. |
| 2012-06-28 | Appellant's book of authorities, Completed on: 2012-06-28 | P.D.T. |
| 2012-06-28 | Appellant's factum, Completed on: 2012-06-28 | P.D.T. |
| 2012-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-04-05 | Notice of appeal, Bookform, Completed on: 2012-04-05 | P.D.T. |
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 |
|---|---|---|
| P.D.T. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: P.D.T.
Counsel
11210 - 142 Street
Edmonton, Alberta
T5M 1T9
Telephone: (780) 488-4460
FAX: (780) 488-4783
Email: dhatch@gunnlawgroup.ca
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327 Ext: 2451
FAX: (613) 235-3041
Email: fionacampbell@sgmlaw.com
Party: Her Majesty the Queen
Counsel
3rd Floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: maureen.mcguire@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
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 Sexual interference Sexual exploitation Elements of the offence Evidence Assessment Reasonable verdict Whether the verdict was unreasonable Whether the trial judge erred in her application of R. v. W. (D.)., [1991] 1 S.C.R. 742 Whether the trial judge failed to consider an essential element of the offence in relation to a “sexual purpose” Criminal Code, R.S.C. 1985, c. C 46, ss. 151 and 153(1).
The appellant was convicted of sexual interference and sexual exploitation. The evidence at trial consisted of the appellant’s videotaped statement in which he confessed to some sexual touching, and the complainant’s testimony. On appeal, the appellant argued that his videotaped statement to police should not have been admitted, that the trial judge failed to apply the principles set out in R. v. W. (D.), and that the verdict was unreasonable. The majority of the Court of Appeal dismissed the appeal. O’Ferrall J.A., dissenting, would have allowed the appeal and ordered a new trial on the basis that the verdict could not be supported by the evidence.
Lower court rulings
Court of Queen’s Bench of Alberta
080160203Q1
See file
Court of Appeal of Alberta (Edmonton)
1103--0048-A, 2012 ABCA 68
See file
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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