Case information
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35093
Dax Richard Mack v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2014-09-30 | Appeal closed | |
| 2014-09-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-09-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-09-26 |
Judgment on the appeal rendered, CJ LeB Abe Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0803-0054-A, 2012 ABCA 42, dated February 27, 2012, heard on December 3, 2013, is dismissed. Dismissed, no order as to costs |
|
| 2014-05-23 | Correspondence received, from Robby D. Ash (counsel for Mr. Hart - 35049), re: requesting relief of his undertaking dated December 5, 2013 | |
| 2013-12-17 | Transcript received, (192 pages) | |
| 2013-12-05 | Correspondence received, from Robby D. Ash (counsel for Nelson Lloyd Hart - 35049) by fax, re: undertaking further to the letter of the Deputy Registrar dated December 4, 2013 (Joint with 35049) | |
| 2013-12-04 | Correspondence (sent by the Court) to, Robby D. Ash and Henry Brown, Q.C. by hand & facsimile, re: DVD of hearing (Joint with 35049) | |
| 2013-12-03 | Judgment reserved OR rendered with reasons to follow | |
| 2013-12-03 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2013-12-03 | Appellant's condensed book, Submitted in Court (14 copies) | Dax Richard Mack |
| 2013-12-03 | General proceeding, Questionnaire following the hearing concerning the publication ban | Her Majesty the Queen |
| 2013-12-03 | General proceeding, Questionnaire following the hearing concerning the publication ban | Dax Richard Mack |
| 2013-12-03 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-12-03 |
Hearing of the appeal, 2013-12-03, CJ LeB Abe Cro Mo Ka Wa Judgment reserved |
|
| 2013-11-21 | Notice of appearance, James C. Robb and David Labrenz will be present at the hearing. | Her Majesty the Queen |
| 2013-11-07 |
Order by, Ro, Joint with 35049 FURTHER TO THE ORDER dated October 22, 2013 setting the time for oral argument in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY FURTHER ORDERED THAT: 1. The respondent Nelson Lloyd Hart and the amicus curiae shall divide their time as follows: Nelson Lloyd Hart 25 minutes Amicus curiae 35 minutes 2. The request of the appellant in Her Majesty the Queen v. Nelson Lloyd Hart (35049) for additional time for oral argument is denied. Granted |
|
| 2013-11-07 | Notice of appearance, Laura K. Stevens, Q.C. and Sarah N. DeSouza will be appearing | Dax Richard Mack |
| 2013-11-05 | Correspondence received, Gowlings by fax, re: Criminal Lawyers' Association of Ontario and Association in Defence of the Wrongly Convicted will each take 15 minutes of oral argument from the time allowed in Justice Rothstein's order | |
| 2013-11-04 | Correspondence received from, James C. Martin by fax, re: Crown interveners will equally share the 30 minutes allotted to them in Justice Rothstein's order | Attorney General of Ontario |
| 2013-10-22 |
Order by, (Joint with 35049), Ro, THE FOLLOWING ORDER IS RENDERED: The time for oral argument at the hearing of these appeals shall be as follows: Her Majesty the Queen (35049 - R. v. Hart): 45 minutes Nelson Lloyd Hart and Amicus curiae (35049 - R. v. Hart): Total of 45 minutes Dax Richard Mack (35093 - Mack v. R.): 45 minutes Her Majesty the Queen (35093 - Mack v. R.): 45 minutes Total of 30 minutes: Director of Public Prosecutions (35049 - R. v. Hart) Attorney General of Ontario (35049 - R. v. Hart and 35093 - Mack v. R.) Directeur des poursuites criminelles et pénales du Québec (35049 - R. v. Hart) Attorney General for the Province of British Columbia (35049 - R. v. Hart and 35093 - Mack v. R.) Total of 30 minutes: Association in Defence of the Wrongly Convicted (35049 - R. v. Hart) British Columbia Civil Liberties Association (35049 - R. v. Hart) Criminal Lawyers' Association of Ontario (35049 - R. v. Hart) Canadian Civil Liberties Association (35049 - R. v. Hart) Association des avocats de la défense de Montréal (35049 - R. v. Hart) Reply (35049 - R. v. Hart): 5 minutes Reply (35093 - Mack v. R.): 5 minutes The respondent Nelson Lloyd Hart and the amicus curiae shall consult to determine how the allotted time will be divided between them and shall inform the Court of their determination in writing. Each group of interveners shall consult to determine how the allotted time will be divided among them and shall inform the Court of their determination in writing. The written proposals of the interveners, the respondent and the amicus curiae shall be served and filed no later than November 5, 2013. Allowed in part |
|
| 2013-10-22 |
Appeal hearing scheduled, 2013-12-03, Early start 9:00 a.m. Judgment reserved |
|
| 2013-10-08 | Intervener's book of authorities, Joint with 35049, Completed on: 2013-10-08 | Attorney General of Ontario |
| 2013-10-08 | Intervener's factum, Joint with 35049, Completed on: 2013-10-08 | Attorney General of Ontario |
| 2013-10-08 | Intervener's book of authorities, Joint with 35049 (3 volumes), Completed on: 2013-10-08 | Attorney General for the Province of British Columbia |
| 2013-10-08 | Intervener's factum, Joint with 35049, Completed on: 2013-10-08 | Attorney General for the Province of British Columbia |
| 2013-10-03 | Correspondence received from, Laura K. Stevens, Q.C. by fax, re: scheduling and timing of hearing | Dax Richard Mack |
| 2013-10-01 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2013-10-01 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Ontario and the Attorney General for the Province of British Columbia for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of Ontario and the Attorney General for the Province of British Columbia are granted and the said interveners must each include their submissions with respect to this appeal and the appeal in Her Majesty the Queen v. Nelson Lloyd Hart (35049) in a single ten-page factum to be filed on or before October 8, 2013. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. To the extent that the interests are similar, interveners shall consult to avoid repetition. 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 |
|
| 2013-10-01 | Submission of motion for leave to intervene, Ro | |
| 2013-10-01 | Appeal perfected for hearing | |
| 2013-09-24 | Respondent's book of authorities, (3 volumes), Completed on: 2013-09-24 | Her Majesty the Queen |
| 2013-09-24 | Respondent's record, (3 volumes), Completed on: 2013-09-24 | Her Majesty the Queen |
| 2013-09-24 | Respondent's factum, Completed on: 2013-09-24 | Her Majesty the Queen |
| 2013-09-12 | Response to the motion for leave to intervene, (e-mail from Raija Pulkkinen, re: joint response to the motion filed by the Attorney General of British Columbia and to the motion filed by the Attorney General of Ontario), Completed on: 2013-09-12 | Dax Richard Mack |
| 2013-09-04 | Response to the motion for leave to intervene, email from Henry S. Brown, Q.C. dated Sept. 4/13, Completed on: 2013-09-04 | Her Majesty the Queen |
| 2013-09-03 | Motion for leave to intervene, Completed on: 2013-09-03 | Attorney General for the Province of British Columbia |
| 2013-09-03 | Motion for leave to intervene, Completed on: 2013-09-03 | Attorney General of Ontario |
| 2013-09-03 | Notice of hearing sent to parties | |
| 2013-08-19 | Discontinuance of motion for leave to intervene | Association des avocats de la défense de Montréal |
| 2013-08-13 | Response to the motion for leave to intervene, (Letter Form), from James C. Robb, Q.C. dated Aug 13/13, Completed on: 2013-08-13 | Her Majesty the Queen |
| 2013-08-07 | Correspondence received from, Raija Pulkkinen dated August 7, 2013. Re: In regards to the publication ban, no mention of names of the undercover operators appear in the factum or record | Dax Richard Mack |
| 2013-08-06 | Appellant's book of authorities, (5 volumes), Completed on: 2013-08-06 | Dax Richard Mack |
| 2013-08-06 | Appellant's record, (6 volumes), Completed on: 2013-08-06 | Dax Richard Mack |
| 2013-08-06 | Appellant's factum, Completed on: 2013-08-06 | Dax Richard Mack |
| 2013-08-06 | Motion for leave to intervene, (Joint with 35049), Completed on: 2013-08-06 | Association des avocats de la défense de Montréal |
| 2013-05-13 | Notice of appeal, (new form 25B filed - no change), Completed on: 2013-05-14 | Dax Richard Mack |
| 2013-04-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-04-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-04-12 | Judgment on leave sent to the parties | |
| 2013-04-11 |
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 of Alberta (Edmonton), Number 0803-0054-A, 2012 ABCA 42, dated February 27, 2012, is granted without costs. Granted, without costs |
|
| 2013-04-11 |
Decision on motion to extend time to file and /or serve the leave application, see judgment Granted |
|
| 2013-03-04 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-03-04 | Submission of motion to extend time to file and/ or serve the leave application, LeB Ka Wa | |
| 2013-01-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-01-07 | Her Majesty the Queen |
| 2012-12-04 | Correspondence received from, Laura Stevens dated Dec 3, 2012 re: sealed documents. | Dax Richard Mack |
| 2012-12-03 | Supplemental document, Charge to the jury (SEALED) | Dax Richard Mack |
| 2012-11-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-11-23 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Included in the application, Completed on: 2012-11-23 | Dax Richard Mack |
| 2012-11-23 | Application for leave to appeal, (Book Form), requested amended form 25B (rec'd on Dec 3/12), Completed on: 2012-12-03 | Dax Richard Mack |
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 |
|---|---|---|
| Mack, Dax Richard | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General for the Province of British Columbia | Intervener | Active |
Counsel
Party: Mack, Dax Richard
Counsel
Sarah N. DeSouza
#300, 9924 - 106 Street
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: lstevens@dsscrimlaw.com
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: rpulkkinen@sgmlaw.com
Party: Her Majesty the Queen
Counsel
David A. Labrenz, Q.C.
9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: james.robb@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: Attorney General of Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Email: Michael.bernstein@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: Attorney General for the Province of British Columbia
Counsel
940 Blanshard street
3rd floor
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5156
FAX: (250) 387-4262
Email: lesley.ruzicka@gov.bc.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
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.
Canadian Charter of Rights and Freedoms - Criminal law – Evidence – Whether applicant’s statements made to undercover officers should be excluded under s. 24(2) of the Charter – Adequacy of charge to the jury on the danger of relying on the statements of the applicant to undercover officers – Adequacy of instructions to the jury regarding the alternate suspect witness.
Dax Richard Mack, Robert Levoir and Michael Argueta went hunting on land owned by Mack’s father on November 6, 2002. Only Mack and Argueta returned. Levoir had been shot and killed. Soon after Levoir had been reported missing, Jay Love went to police saying that Dax Mack had confessed to killing Levoir. An undercover investigation ensued with undercover operators, posing as members of a criminal organization, approaching Mack to recruit him into the fictitious organization. Although the recordings of the utterances made by Mack to the operators were not admitted into evidence, as the authorizations for the wiretaps had been obtained in a manner that violated Mack’s Charter rights, the prosecution was permitted to adduce viva voce evidence from the undercover operators. At trial, Mack and Argueta blamed the other for the murder. The trial judge’s charge to the jury addressed how to assess the evidence of the undercover officers and the testimony of Argueta. Mack was convicted of first degree murder. His appeal to the Court of Appeal of Alberta was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
040452138Q1, 2007 ABQB 182
Conviction: first degree murder
Court of Appeal of Alberta (Edmonton)
0803-0054-A, 2012 ABCA 42
Appeal dismissed
Filed documents
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 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 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
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available