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35339

Her Majesty the Queen v. Sean Summers

(Ontario) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2014-04-14 Appeal closed
2014-04-14 Formal judgment sent to the registrar of the court of appeal and all parties
2014-04-14 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-04-11 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Ka Wa, The appeal from the judgment of the Court of Appeal for Ontario, Number C53913, 2013 ONCA 147, dated March 12, 2013, heard on January 23, 2014, is dismissed.
Dismissed
2014-02-07 Transcript received, (124 pages)
2014-01-23 Judgment reserved OR rendered with reasons to follow
2014-01-23 Hearing of the appeal, 2014-01-23, CJ LeB Abe Ro Cro Ka Wa
Judgment reserved
2014-01-23 Intervener's condensed book, (Book Form), Filed in Court Directeur des poursuites criminelles et pénales du Québec
2014-01-23 Intervener's condensed book, (Book Form), Filed in Court Canadian Civil Liberties Association
2014-01-23 Respondent's condensed book, (Book Form), Filed in Court Sean Summers
2014-01-23 Appellant's condensed book, (Book Form), Filed in Court (1 authority) Her Majesty the Queen
2014-01-21 Correspondence received from, Jasmine T Akbarali rec'd by email re: will be filing the decision in file R. V. Mabior 2012 SCC 47 in their condensed book (sent to the Court 2014/01/21) Canadian Civil Liberties Association
2014-01-20 Notice of appearance, Ryan S.W. Dalziel and Anne Amos-Stewart will be appearing British Columbia Civil Liberties Association
2014-01-20 Correspondence received from, Request for 1 reserved seats Canadian Civil Liberties Association
2014-01-20 Notice of appearance, Jamine T. Akbarali and Josh Sl Koziebrocki will be appearing Canadian Civil Liberties Association
2014-01-20 Notice of appearance, Andrew S. Faitjh and Jeffrey Haylock will be appearing and Mr. Faith will make oral presentation John Howard Society of Canada
2014-01-17 Notice of appearance, Dennis Galiatsatos will be appearing Directeur des poursuites criminelles et pénales du Québec
2014-01-17 Notice of appearance, Ingrid Grant will be appearing Criminal Lawyers' Association of Ontario
2014-01-17 Order by, (Joint with 35115), CJ, FURTHER TO THE ORDERS dated September 26, 2013 and November 27, 2013, granting leave to intervene to the Criminal Lawyers' Association of Ontario, the British Columbia Civil Liberties Association, the Directeur des poursuites criminelles et pénales du Québec, the John Howard Society of Canada and the Canadian Civil Liberties Association;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals.
Granted
2014-01-14 Notice of appearance, MR. Brennan and Mr. Silverstein will be appearing and will address the Court Sean Summers
2014-01-09 Notice of appearance, Gregory J. Tweney and Molly Flanagan will be appearing Her Majesty the Queen
2014-01-09 Appeal perfected for hearing
2014-01-08 Intervener's book of authorities, (Book Form), Completed on: 2014-01-08, (Electronic version filed on 2014-01-10) John Howard Society of Canada
2014-01-08 Intervener's factum, (Book Form), Completed on: 2014-01-10, (Electronic version filed on 2014-01-10) John Howard Society of Canada
2014-01-08 Intervener's book of authorities, (Book Form), Completed on: 2014-01-08, (Electronic version filed on 2014-01-08) Canadian Civil Liberties Association
2014-01-08 Intervener's factum, (Book Form), Completed on: 2014-01-08, (Electronic version filed on 2014-01-08) Canadian Civil Liberties Association
2014-01-08 Respondent's book of authorities, (Book Form), Completed on: 2014-01-16, (Electronic version filed on 2014-01-08) Sean Summers
2014-01-08 Respondent's factum, (Book Form), Completed on: 2014-01-16, (Electronic version filed on 2014-01-08) Sean Summers
2014-01-07 Notice of appearance, J. Brennan Smart will be appearing Sean Summers
2013-12-16 Intervener's book of authorities, Completed on: 2013-12-16 Directeur des poursuites criminelles et pénales du Québec
2013-12-16 Intervener's factum, Completed on: 2013-12-16 Directeur des poursuites criminelles et pénales du Québec
2013-11-27 Order on motion for leave to intervene
2013-11-27 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Directeur des poursuites criminelles et pénales du Québec, the John Howard Society of Canada and the Canadian Civil Liberties Association 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 Directeur des poursuites criminelles et pénales du Québec, the John Howard Society of Canada and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length in these appeals on or before January 9, 2014.
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 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 interventions.
Granted
2013-11-27 Submission of motion for leave to intervene, Ka
2013-11-21 Intervener's book of authorities, Joint with 35115, Completed on: 2013-11-21 British Columbia Civil Liberties Association
2013-11-21 Intervener's factum, Joint with 35115, Completed on: 2013-11-21 British Columbia Civil Liberties Association
2013-11-21 Notice of hearing sent to parties
2013-11-21 Response to the motion for leave to intervene, (Letter Form), from Gregory J. Tweney dated 2013-11-21, Completed on: 2013-11-21 Her Majesty the Queen
2013-11-20 Response to the motion for leave to intervene, email from Terri Semanyk dated 2013-11-20, Completed on: 2013-11-20 Sean Summers
2013-11-20 Intervener's book of authorities, Joint with 35115, Completed on: 2013-11-20 Criminal Lawyers' Association of Ontario
2013-11-20 Intervener's factum, Joint with 35115, Completed on: 2013-11-20 Criminal Lawyers' Association of Ontario
2013-11-20 Correspondence received from, Terri Semanyk by email dated 2013-11-20 re: change of counsel Sean Summers
2013-11-19 Appeal hearing scheduled, 2014-01-23, Early start 9 a.m. (To be heard with 35115 and 35487)
Judgment reserved
2013-11-14 Motion for leave to intervene, (Book Form), Completed on: 2013-11-14 Canadian Civil Liberties Association
2013-11-13 Motion for leave to intervene, (Book Form), fee missing, rec'd 2013-11-15, Completed on: 2013-11-15 John Howard Society of Canada
2013-11-07 Motion for leave to intervene, Completed on: 2013-11-07 Directeur des poursuites criminelles et pénales du Québec
2013-10-31 Appellant's book of authorities, (2 volumes), Completed on: 2013-10-31 Her Majesty the Queen
2013-10-31 Appellant's record, Completed on: 2013-10-31 Her Majesty the Queen
2013-10-31 Appellant's factum, Completed on: 2013-10-31 Her Majesty the Queen
2013-09-26 Order on motion for leave to intervene, (by KARAKATSANIS J.) (joint with 35115)
2013-09-26 Decision on the motion for leave to intervene, (joint with 35115), Ka, UPON APPLICATIONS by the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Criminal Lawyers' Association of Ontario and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a single factum not to exceed 10 pages in length in these appeals on or before November 21, 2013.
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 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions
Granted
2013-09-26 Submission of motion for leave to intervene, Ka
2013-09-12 Response to the motion for leave to intervene, (e-mail from Karen L. Collins, re: response to the motion filed by B.C. Civil Liberties Association), Completed on: 2013-09-12 Her Majesty the Queen
2013-09-05 Response to the motion for leave to intervene, from Karen Collins by e-mail, dated September 5, 2013, Completed on: 2013-09-05 Her Majesty the Queen
2013-09-03 Motion for leave to intervene, (Book Form), (joint with 35115), Completed on: 2013-09-03 British Columbia Civil Liberties Association
2013-08-26 Motion for leave to intervene, Completed on: 2013-08-26 Criminal Lawyers' Association of Ontario
2013-08-21 Notice of appeal, Completed on: 2013-08-21 Her Majesty the Queen
2013-08-16 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), Filing timetable: Appellant's documents due Oct-31-13; Motion for leave to intervene due Nov-14-13; Responses to motions for leave to intervene due Nov-21-13; Replies to responses due Nov-26-13; Respondent's documents due Jan-9-14.
2013-08-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-08-16 Judgment on leave sent to the parties
2013-08-15 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C53913, 2013 ONCA 147, dated March 12, 2013, is granted and the timelines are abridged to allow this case to be heard with the case Her Majesty the Queen v. Level Aaron Carvery (35115).
Granted
2013-06-24 All materials on application for leave submitted to the Judges, F Ro Mo
2013-04-29 Letter acknowledging receipt of a complete application for leave to appeal
2013-04-29 Application for leave to appeal, Completed on: 2013-04-29 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Summers, Sean Respondent Active

Other parties

Other parties
Name Role Status
Directeur des poursuites criminelles et pénales du Québec Intervener Active
British Columbia Civil Liberties Association Intervener Active
Criminal Lawyers' Association of Ontario Intervener Active
John Howard Society of Canada Intervener Active
Canadian Civil Liberties Association Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Gregory J. Tweney
Molly Flanagan
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 327-8216
FAX: (416) 326-4656
Email: greg.tweney@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Summers, Sean

Counsel
Brennan Smart
Russell Silverstein
Brennan Smart Law Office
130 Lancaster Street East
Kitchener, Ontario
N2H 1N1
Telephone: (519) 579-2924
FAX: (519) 579-2935
Agent
Terri H. Semanyk
Shanbaum Semanyk Professional Corporation
150 Isabella Street, Suite 305
Ottawa, Ontario
K1S 1V7
Telephone: (613) 238-6969 Ext: 2
FAX: (613) 238-9916
Email: tsemanyk@sspclaw.ca

Party: Criminal Lawyers' Association of Ontario

Counsel
Russell Silverstein
Ingrid Grant
Russel Silverstein & Associate
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 977-5334
FAX: (416) 596-2597
Email: russell@silvertein-law.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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: British Columbia Civil Liberties Association

Counsel
Ryan D.W. Dalziel
Anne Amos-Stewart
Bull, Housser & Tupper LLP
900 Howe Street
Suite 900
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 641-4881
FAX: (604) 646-2671
Email: rdd@bht.com
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
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: Directeur des poursuites criminelles et pénales du Québec

Counsel
Dennis Galiatsatos
Criminal and Penal Prosecution Services of Quebec
1 Notre-Dame Street East
Office 4.100
Montreal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52082
FAX: (514) 873-9895
Email: dennis.galiatsatos@dpcp.gouv.qc.ca
Agent
Jean Campeau
Directeur des poursuites criminelles et pénales du Québec
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca

Party: John Howard Society of Canada

Counsel
Andrew S. Faith
Jeffrey Haylock
Polley Faith LLP
357 Bay Street, Suite 900
Toronto, Ontario
M5H 2T7
Telephone: (416) 365-1602
FAX: (416) 365-1601
Email: afaith@polleyfaith.com
Agent
Colin S. Baxter
Cavanagh Williams Conway Baxter LLP
1111 Prince of Wales Drive
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 569-8558
FAX: (613) 569-8668
Email: cbaxter@cwcb-law.com

Party: Canadian Civil Liberties Association

Counsel
Jasmine T. Akbarali
Josh Koziebrocki
Lerners LLP
130 Adelaide Street West
Suite 2400
Toronto, Ontario
M5H 3P5
Telephone: (416) 867-3076
FAX: (416) 867-2401
Email: jakbarali@lerners.ca
Agent
Guy Régimbald
Gowling WLG (Canada) LLP
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.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 - Sentencing - Credit for pre-trial custody - Whether the Court of Appeal erred in finding that the unavailability of earned remission or parole to those in remand custody is a “circumstance” that may justify granting enhanced credit for pre-sentence custody under s. 719(3.1) of the Criminal Code.

The respondent was charged with manslaughter in connection with the shaking death of his infant daughter. After spending 10.5 months in pre-trial custody, the respondent pleaded guilty to the offence. The sentencing judge determined that the sentence should be 6 years and eight months, which included credit of 1.5 to one credit for pre-trial custody. The Court of Appeal dismissed the sentence appeal.

Lower court rulings

May 30, 2011
Ontario Superior Court of Justice


Sentence imposed: 6 years and eight months which included credit of 1.5 to 1 for pre-trial custody
March 12, 2013
Court of Appeal for Ontario

C53913, 2013 ONCA 147

Sentence 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.

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Factums on appeal

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Date modified: 2025-02-27