Case information
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35664
Her Majesty the Queen v. Mark Edward Grant
(Manitoba) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-05-13 | Appeal closed | |
| 2015-03-06 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-03-06 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-03-05 |
Judgment on the appeal rendered, Abe Ro Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 11-30-07585, 2013 MBCA 95, dated October 30, 2013, heard on November 14, 2014, is dismissed and the Court of Appeal’s decision to order a new trial is upheld. Dismissed, no order as to costs |
|
| 2014-12-01 | Transcript received, (93 pages) | |
| 2014-11-14 | Judgment reserved OR rendered with reasons to follow | |
| 2014-11-14 |
Hearing of the appeal, 2014-11-14, Abe Ro Cro Mo Ka Wa Ga Judgment reserved |
|
| 2014-11-14 | Respondent's condensed book, (Book Form), Motion to Adduce New Evidence - Condensed Book: filed in Court | Mark Edward Grant |
| 2014-11-14 | Respondent's condensed book, (Book Form), Filed in Court | Mark Edward Grant |
| 2014-11-14 | Appellant's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2014-11-13 | Correspondence received from, (Letter Form), Respondent, re.: error in Book of Authorities - wrong case inserted in Tab 5. (corrected authorities filed along with revised BOA on CD) | Mark Edward Grant |
| 2014-10-30 | Notice of appearance, Ami Kotler and Rekha Malaviya will be present at the hearing. | Her Majesty the Queen |
| 2014-10-30 | Notice of appearance, Saul Simmonds, Laura Robinson and Vanessa Hebert will be present at the hearing. | Mark Edward Grant |
| 2014-10-17 | Correspondence received from, Respondent, re.: requesting additional time | Mark Edward Grant |
| 2014-10-16 | Correspondence received from, 11 reserved seats requested | Her Majesty the Queen |
| 2014-10-16 | Correspondence received from, appellant re:respondent's request for additional time to argue the motion to adduce new evidence. | Her Majesty the Queen |
| 2014-09-30 | Order on motion to adduce new evidence, (by KARAKARTSANIS J.) | |
| 2014-09-30 |
Decision on motion to adduce new evidence, Ka, UPON APPLICATION by the respondent for an order to adduce fresh evidence namely: 1. The affidavit of Dr. Bruce Budowle; and 2. The evidence of comments made by a juror after the conclusion of the trial that disclose a reasonable apprehension of bias. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is deferred to the panel hearing the appeal. Referred |
|
| 2014-09-30 | Submission of motion to adduce new evidence, Ka | |
| 2014-09-08 | Notice of hearing sent to parties | |
| 2014-09-05 | Reply to motion to adduce new evidence, (Book Form), Completed on: 2014-09-05, (Electronic version filed on 2014-09-05) | Mark Edward Grant |
| 2014-09-05 |
Appeal hearing scheduled, 2014-11-14 Judgment reserved |
|
| 2014-09-04 | Appeal perfected for hearing | |
| 2014-09-02 | Correspondence received from, Marie-France Major, Re: changes made in the amended motion | Mark Edward Grant |
| 2014-09-02 | Respondent's book of authorities, (Book Form), Respondent's book of authorities to motion for leave to adduce new evidence , Completed on: 2014-09-02, (Electronic version filed on 2014-09-02) | Her Majesty the Queen |
| 2014-09-02 | Response to the motion to adduce new evidence, (Book Form), Completed on: 2014-09-02, (Electronic version filed on 2014-09-02) | Her Majesty the Queen |
| 2014-08-29 | Certificate of counsel (attesting to record), (Letter Form) | Mark Edward Grant |
| 2014-08-29 | Respondent's book of authorities, (Book Form), Completed on: 2014-08-29, (Electronic version filed on 2014-08-29) | Mark Edward Grant |
| 2014-08-29 | Respondent's record, (Book Form), Completed on: 2014-08-29, (Electronic version filed on 2014-08-29) | Mark Edward Grant |
| 2014-08-29 | Respondent's factum, (Book Form), Completed on: 2014-08-29, (Electronic version filed on 2014-08-29) | Mark Edward Grant |
| 2014-08-21 |
Motion to adduce new evidence, (Book Form), (Amended Motion filed on September 2, 2014)(Revised Amended Motion filed on October 8, 2014) -Oct.30/2014 -Electronice version of the Amended amended motion submitted- addition to documents replied upon. Paper copies submitted Nov. 3/2014 (distributed Nov.4/2014), Completed on: 2014-08-21, (Printed version filed on 2014-08-21) |
Mark Edward Grant |
| 2014-07-04 | Appellant's book of authorities, (2 volumes), Completed on: 2014-07-04 | Her Majesty the Queen |
| 2014-07-04 | Certificate of counsel (attesting to record), (Included in the appellant's record) | Her Majesty the Queen |
| 2014-07-04 | Appellant's record, (3 volumes), Completed on: 2014-07-04 | Her Majesty the Queen |
| 2014-07-04 | Appellant's factum, Completed on: 2014-07-04 | Her Majesty the Queen |
| 2014-04-17 | Notice of appeal, Completed on: 2014-04-17 | Her Majesty the Queen |
| 2014-03-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-03-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-03-21 | Judgment on leave sent to the parties | |
| 2014-03-20 |
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 of Manitoba, Number AR 11-30-07585, 2013 MBCA 95, dated October 30, 2013, is granted without costs. Granted, without costs |
|
| 2014-02-24 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-02-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2014-02-13 | Her Majesty the Queen |
| 2014-02-06 | Certificate (on limitations to public access) | Mark Edward Grant |
| 2014-02-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-02-10 | Mark Edward Grant |
| 2014-02-05 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-01-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-12-24 | Book of authorities, (Book Form) | Her Majesty the Queen |
| 2013-12-24 | Application for leave to appeal, (Book Form), Trial judgment missing, Completed on: 2014-01-03 | 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 |
|---|---|---|
| Grant, Mark Edward | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Rekha Malaviya
510 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0833
FAX: (204) 945-1260
Email: ami.kotler@gov.mb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Grant, Mark Edward
Counsel
Laura Robinson
Vanessa Hébert
1200 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8180
FAX: (204) 985-8190
Email: ssimmonds@gws.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 - Evidence - Unknown third party suspect - Similar fact evidence - Whether the Manitoba Court of Appeal erred in overturning the trial judge’s decision not to admit the evidence of an alleged, unknown third party suspect?
Mr. Grant was convicted by judge and jury of second degree murder. On November 30, 1984, Candace Derksen, 13 years old, went missing after school and was never again seen alive. Her body was discovered on January 17, 1985, hogtied and frozen, in a shed in an industrial yard. She had died of hypothermia as a result of exposure. No one was arrested in connection with her death until May 16, 2007, when Mr. Grant was arrested and charged with first degree murder on the basis of newly obtained DNA testing. During the trial, a voir dire was held with respect to whether Mr. Grant could adduce evidence of an alleged, unknown third party suspect. That evidence related to an alleged abduction of P.W. on September 6, 1985, some nine months after Ms. Derksen’s body was found and while Mr. Grant was in custody. It was argued that the modus operandi and other physical evidence suggested that the same person had abducted both P.W. and Ms. Derksen.
Lower court rulings
Court of Queen’s Bench of Manitoba
Conviction on one count of second degree murder
Court of Appeal of Manitoba
AR 11-30-07585, 2013 MBCA 95
Conviction appeal allowed; new trial ordered
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
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