Case information
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35361
Gary Edward Yelle v. Her Majesty the Queen
(Northwest Territories) (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) |
|---|---|---|
| 2014-02-07 | Appeal closed | |
| 2014-02-05 | Transcript received, 22 pages | |
| 2014-01-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-01-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-01-22 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo, The appeal from the judgment of the Court of Appeal for the Northwest Territories, Number A-1-AP-2012-0000013, 2013 NWTCA 2, dated April 16, 2013, was heard on January 22, 2014, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — We agree with the majority of the Court of Appeal that the verdict was not unreasonable. The appeal is therefore dismissed. Dismissed |
|
| 2014-01-22 | General proceeding, Questionnaire following the hearing concerning the publication ban. | Her Majesty the Queen |
| 2014-01-22 | General proceeding, Questionnaire following the hearing concerning the publication ban. | Gary Edward Yelle |
| 2014-01-22 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Gary Edward Yelle |
| 2014-01-22 |
Hearing of the appeal, 2014-01-22, CJ Abe Ro Cro Mo Judgment rendered |
|
| 2014-01-07 | Notice of appearance, Charles Davison will be present at the hearing. | Gary Edward Yelle |
| 2014-01-07 | Notice of appearance, Susanne Boucher and François Lacasse will be present at the hearing. | Her Majesty the Queen |
| 2013-11-22 | Notice of hearing sent to parties | |
| 2013-11-19 | Appeal perfected for hearing | |
| 2013-11-19 |
Appeal hearing scheduled, 2014-01-22 Judgment rendered |
|
| 2013-11-14 | Respondent's book of authorities, (Book Form), Completed on: 2013-11-14 | Her Majesty the Queen |
| 2013-11-14 | Respondent's record, (Book Form), Completed on: 2013-11-14 | Her Majesty the Queen |
| 2013-11-14 | Respondent's factum, (Book Form), Completed on: 2013-11-14 | Her Majesty the Queen |
| 2013-09-30 | Discontinuance of motion to extend time, to serve and file the Appellant's documents | Gary Edward Yelle |
| 2013-09-30 | Correspondence received from, Colleen Bauman (by email) dated Sept. 30/13 re WITHDRAWAL of the motion to extend time filed Sept. 10/13 | Gary Edward Yelle |
| 2013-09-20 | Appellant's book of authorities, (Book Form), Completed on: 2013-09-20 | Gary Edward Yelle |
| 2013-09-20 | Appellant's record, (Book Form), Completed on: 2013-09-20 | Gary Edward Yelle |
| 2013-09-20 | Appellant's factum, (Book Form), Redacted electronic version submitted (on CD only), Completed on: 2013-09-20 | Gary Edward Yelle |
| 2013-09-16 | Response to motion to extend time, do not oppose extension of time, rec'd by fax, Completed on: 2013-09-16 | Her Majesty the Queen |
| 2013-09-10 | Motion to extend time, to serve and file the Appellant's documents to a later date (WITHDRAWAL filed Sept. 30/13), Completed on: 2013-09-10 | Gary Edward Yelle |
| 2013-08-01 | Correspondence received from, Charles B. Davison by mail, re: memorandum of judgment from the Court of Appeal | Gary Edward Yelle |
| 2013-07-15 | Correspondence received from, Charles B. Davison by fax, re: letter to the Court of Appeal requesting reasons | Gary Edward Yelle |
| 2013-07-09 | Order on motion to extend time, (by the Deputy registrar) | |
| 2013-07-09 |
Decision on motion to extend time, DeRg, UPON APPLICATION by counsel on behalf of the appellant for an order extending the time within which to serve and file its Record, Factum and Book of Authorities to September 20, 2013; IT IS ORDERED that the motion is granted. Granted |
|
| 2013-07-09 | Submission of motion to extend time, DeRg | |
| 2013-07-08 | Response to motion to extend time, Mr. Lacasse rec'd July 8/13 re: consent to extension of time to file the appellant's documents, Completed on: 2013-07-08 | Her Majesty the Queen |
| 2013-07-02 | Motion to extend time, to serve and file the appellant's record, factum and book of authorities to Sept. 20/13 (filing fee and extra copies rec'd July 12/13), Completed on: 2013-07-12 | Gary Edward Yelle |
| 2013-06-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-06-14 | Correspondence received from, Charles Davison dated June 13, 2013. Re: Letter adressed to the Court of appeal | Her Majesty the Queen |
| 2013-05-08 | Notice of appeal, Completed on: 2013-05-08 | Gary Edward Yelle |
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 |
|---|---|---|
| Yelle, Gary Edward | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Yelle, Gary Edward
Counsel
#5, 4915 - 48 Street
2nd Floor
Yellowknife, Northwest Territories
X1A 3S4
Telephone: (867) 873-7027
FAX: (867) 920-6270
Email: charles_davison@gov.nt.ca
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Her Majesty the Queen
Counsel
Northwest Territories Regional Office
3rd Floor Joe Tobie Building, P.O. Box 8, 5020 48th Street
Yellowknife, Northwest Territories
X1A 2N1
Telephone: (867) 669-6910
FAX: (867) 920-4022
Email: susanne.boucher@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.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 - Sexual Assault - Lesser and included offence of assault - Whether the verdict was unreasonable.
The appellant, Mr. Yelle, was charged with sexual assault and uttering threats, but the jury found him guilty of the lesser and included offence of assault. The Crown’s position was that the Mr. Yelle struck the complainant only to facilitate sexual intercourse. Photographs of the complainant’s injuries were tendered at trial, but there was no DNA evidence tendered to support the charges. There were also significant inconsistencies with the complainant’s evidence. Mr. Yelle appealed, arguing that the verdict was unreasonable and that the charge to the jury failed to include a warning regarding the reliability of the complainant and an instruction on the lesser offence of assault. The majority of the Court of Appeal dismissed the appeal. Martin J.A., dissenting, would have allowed the appeal and entered an acquittal. In his view, it was unreasonable for the jury to disbelieve everything the complainant said and acquit Mr. Yelle of the only charges he was facing, but then convict him of the included offence of assault. Martin J.A. explained that the only explanation offered for the alleged assault was that Mr. Yelle struck the complainant to facilitate sexual intercourse, and that it followed that if the strikes to the complainant occurred, Mr. Yelle should have been convicted, not acquitted, of sexual assault.
Lower court rulings
Court of Appeal for the Northwest Territories
A-1-AP-2012-0000013
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.
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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.
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