Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35531
Her Majesty the Queen v. Jeffrey Kevin Leinen
(Alberta) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-04-02 | Appeal closed | |
| 2014-04-02 | Transcript received, 65 pages | |
| 2014-03-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-03-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-03-21 |
Judgment on the appeal rendered, LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1201-0002-A, 2013 ABCA 283, dated August 12, 2013, was heard on March 21, 2014, and the Court on that day delivered the following judgment orally: LEBEL J. — We are all of the view that the charge to the jury, read as a whole, contained no reversible error in relation to either voluntariness or intent. For these reasons, the appeal is allowed and the convictions are restored. Allowed |
|
| 2014-03-21 |
Hearing of the appeal, 2014-03-21, LeB Abe Ro Cro Mo Ka Wa Judgment rendered |
|
| 2014-03-21 | Respondent's condensed book, (Book Form), Filed in Court | Jeffrey Kevin Leinen |
| 2014-03-21 | Appellant's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2014-03-06 | Correspondence received from, Filing of supplemental record with consent | Her Majesty the Queen |
| 2014-03-06 | Supplemental document, (Book Form), Erratum and Supplemental Record of the Appellant, with consent of the Respondent (sent to the Court 2014-03-10), Completed on: 2014-03-06, (Electronic version filed on 2014-03-07) | Her Majesty the Queen |
| 2014-03-03 | Correspondence received from, Ed Van Bemmel re: 6 seats | Her Majesty the Queen |
| 2014-02-20 | Notice of appearance, Jennifer Ruttan and Karen B. Molle will be appearing for the hearing. Jennifer Ruttan will present oral argument. | Jeffrey Kevin Leinen |
| 2014-02-20 | Appeal perfected for hearing | |
| 2014-02-17 | Correspondence received from, 4 reserved seats requested - extra 6 seats requested 2014-03-03 for a total of 10 seats - new request 2014-03-06 cancel 3 seats | Her Majesty the Queen |
| 2014-02-17 | Notice of appearance, Josh Hawkes will be present at the hearing. | Her Majesty the Queen |
| 2014-02-14 | Certificate of counsel (attesting to record), (Letter Form) | Jeffrey Kevin Leinen |
| 2014-02-14 | Respondent's book of authorities, (Book Form), Completed on: 2014-02-14 | Jeffrey Kevin Leinen |
| 2014-02-14 | Respondent's record, (Book Form), Completed on: 2014-02-14 | Jeffrey Kevin Leinen |
| 2014-02-14 | Respondent's factum, (Book Form), service to come (rec'd 02-18-2014), Completed on: 2014-02-18 | Jeffrey Kevin Leinen |
| 2014-01-14 | Correspondence received from, Jennifer Ruttan by fax, re: will not be filing a motion to adjourn the hearing | Jeffrey Kevin Leinen |
| 2014-01-08 | Correspondence received from, Jennifer Ruttan by fax, re: rescheduling appeal | Jeffrey Kevin Leinen |
| 2013-12-03 | Appellant's book of authorities, Completed on: 2013-12-03 | Her Majesty the Queen |
| 2013-12-03 | Appellant's record, (2 volumes), Completed on: 2013-12-03 | Her Majesty the Queen |
| 2013-12-03 | Appellant's factum, Completed on: 2013-12-03 | Her Majesty the Queen |
| 2013-11-26 | Notice of hearing sent to parties | |
| 2013-11-19 |
Appeal hearing scheduled, 2014-03-21 Judgment rendered |
|
| 2013-10-15 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2013-09-10 | Notice of appeal, Completed on: 2013-09-10 | 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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Leinen, Jeffrey Kevin | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Appeals Branch
300, 332 - 6th Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: josh.hawkes@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: Leinen, Jeffrey Kevin
Counsel
1210, 633 - 6th Avenue S.W.
Calgary, Alberta
T3G 5C3
Telephone: (403) 237-0025
FAX: (403) 237-0566
Email: jr@ruttanbates.com
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 - Charge to jury - Defences - Air of reality - Curative proviso - Whether the jury instructions on intent and accident were adequate - Whether there was an air of reality to the panic defence - Whether the curative proviso in s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46, was applicable.
The respondent was convicted of second degree murder and aggravated assault. He killed one person and injured another by driving his truck into a crowd of people that had gathered outside a bar at which he had been drinking. At trial, the respondent claimed that his acceleration into the crowd was an involuntary panic response. He argued in the alternative that what happened was an accident, and that he had no intention of killing or injuring anyone. The respondent appealed his convictions. A majority of the Court of Appeal allowed the appeal, quashed the convictions and ordered a new trial. In its view, the trial judge failed to properly instruct the jury on the legal significance of the panic attack defence. McDonald J.A., dissenting in part, would have dismissed the appeal on the basis that, when read holistically, the jury charge was adequate on the issue of intent and accident. Alternatively, he found that the panic defence had no air of reality and, therefore, any errors were immaterial. In the further alternative, he would have applied the curative proviso in s. 686(1)(b)(iii) of the Criminal Code to any errors, finding that the evidence supported the conclusion that the respondent intended to strike the crowd with his truck.
Lower court rulings
Court of Queen’s Bench of Alberta
101321958Q3
see file
Court of Appeal of Alberta (Calgary)
1201-0002-A, 2013 ABCA 283
see file
Memorandums of argument on application for leave to appeal
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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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