Case information
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35176
Craig Jaret Hutchinson v. Her Majesty the Queen
(Nova Scotia) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-03-10 | Appeal closed | |
| 2014-03-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-03-10 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-03-07 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 370497, 2013 NSCA 1, dated January 3, 2013, heard on November 8, 2013, is dismissed. Dismissed |
|
| 2013-12-13 | Media lock-up request refused | |
| 2013-11-27 | Media lock-up requested or proposed | |
| 2013-11-27 | Transcript received, (96 pages) | |
| 2013-11-08 | Judgment reserved OR rendered with reasons to follow | |
| 2013-11-08 | Intervener's condensed book, Submitted in Court (14 copies) | Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario |
| 2013-11-08 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2013-11-08 | Appellant's condensed book, Submitted in Court (14 copies) | Craig Jaret Hutchinson |
| 2013-11-08 | General proceeding, Questionnaire following the hearing concerning the publication ban | Her Majesty the Queen |
| 2013-11-08 | General proceeding, Questionnaire following the hearing concerning the publication ban | Craig Jaret Hutchinson |
| 2013-11-08 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-11-08 |
Hearing of the appeal, 2013-11-08, CJ Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-10-30 | Notice of appearance, James Gumpert and Timothy O'Leary will be present at the hearing. | Her Majesty the Queen |
| 2013-10-29 | Notice of appearance, Luke Craggs will be present at the hearing. | Craig Jaret Hutchinson |
| 2013-10-17 | Notice of appearance, Jonathan Shime, Wayne Cunningham and Ryan Peck will be present at the hearing. | Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario |
| 2013-10-07 |
Order by, Ro, FURTHER TO THE ORDER dated August 7, 2013, granting leave to intervene to the Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic 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 |
|
| 2013-10-01 | Intervener's book of authorities, (Book Form), Completed on: 2013-10-01 | Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario |
| 2013-10-01 | Intervener's factum, (Book Form), Completed on: 2013-10-01 | Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario |
| 2013-08-26 | Notice of hearing sent to parties | |
| 2013-08-21 |
Appeal hearing scheduled, 2013-11-08 Judgment reserved |
|
| 2013-08-07 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2013-08-07 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION by the Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario for an extension of time to apply for leave to intervene and 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 Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario is granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before October 2, 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. 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 intervention. Granted |
|
| 2013-08-07 | Submission of motion for leave to intervene, Ro | |
| 2013-06-07 | Motion for leave to intervene, (Book Form), (joint with a motion for an extension of time), Completed on: 2013-06-07 | Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario |
| 2013-05-27 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2013-05-27 |
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 is dismissed Dismissed |
|
| 2013-05-27 | Submission of motion for leave to intervene, Ro | |
| 2013-05-27 | Appeal perfected for hearing | |
| 2013-05-23 | Respondent's book of authorities, Completed on: 2013-05-23 | Her Majesty the Queen |
| 2013-05-23 | Respondent's factum, Completed on: 2013-05-23 | Her Majesty the Queen |
| 2013-05-09 | Response to the motion for leave to intervene, (Letter Form), from Henry S. brown dated May 9/13, Completed on: 2013-05-09 | Her Majesty the Queen |
| 2013-05-08 | Response to the motion for leave to intervene, (Letter Form), from Luke A. Craggs dated May 8/13, Completed on: 2013-05-08 | Craig Jaret Hutchinson |
| 2013-05-02 | Supplemental document, Supplemental record, Completed on: 2013-05-02 | Craig Jaret Hutchinson |
| 2013-05-01 | Motion for leave to intervene, Completed on: 2013-05-01 | Attorney General of Ontario |
| 2013-04-03 | Appellant's book of authorities, Completed on: 2013-04-03 | Craig Jaret Hutchinson |
| 2013-04-03 | Appellant's record, Completed on: 2013-04-03 | Craig Jaret Hutchinson |
| 2013-04-03 | Appellant's factum, Completed on: 2013-04-03 | Craig Jaret Hutchinson |
| 2013-01-21 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2013-01-10 | Notice of appeal, Completed on: 2013-01-10 | Craig Jaret Hutchinson |
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 |
|---|---|---|
| Hutchinson, Craig Jaret | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario | Intervener | Active |
Counsel
Party: Hutchinson, Craig Jaret
Counsel
5162 Duke Street, Suite 200
P.O. Box 307
Halifax, Nova Scotia
B3J 2N7
Telephone: (902) 429-7701
FAX: (902) 423-2968
Email: lcraggs@bmtlaw.ns.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Timothy S. O'Leary
1225 - 1505 Barrington St.
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-8734
FAX: (902) 424-4484
Email: gumperja@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: Canadian HIV/AIDS Legal Network and HIV & AIDS Legal Clinic Ontario
Counsel
Wayne Cunningham
Ryan Peck
1900-439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-9191
FAX: (416) 408-2372
Email: jshime@criminal-lawyers.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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 assault - Consent - Meaning of “sexual activity in question” in s. 273.1(1) of Criminal Code - Whether the Court of Appeal erred in law by incorrectly interpreting the definition of consent in s. 273.1 of the Criminal Code, R.S.C. 1985, c. C 46, and the circumstances in which consent is vitiated, as set out in s. 265(3) of the Criminal Code.
Mr. Hutchinson was charged with aggravated sexual assault for poking holes in the condoms he used with his partner, knowing she did not want to get pregnant. At his first trial, he was acquitted on a directed verdict, but the Court of Appeal reversed that decision and ordered a new trial. At retrial, Mr. Hutchinson was convicted of sexual assault because the trial judge found that while the complainant may have consented to the sexual intercourse, she did not consent to unprotected sexual intercourse. Mr. Hutchinson appealed his conviction, arguing that the complainant freely and voluntarily consented to having sexual intercourse with him and that his deception over the condoms, however reprehensible, was not enough to vitiate that consent. The majority of the Court of Appeal dismissed the appeal. Farrar J.A. would have allowed the appeal and ordered a new trial on the basis that the trial judge erred in finding that there was no consent under s. 273.1(1) of the Criminal Code, and that the proper approach would have been to determine whether consent was vitiated by fraud under s. 265(3)(c).
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
CRH 328502, 2011 NSSC 361
See file
Nova Scotia Court of Appeal
CAC 370497, 2013 NSCA 1
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
Not available