Case information
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35758
James Steven Wilcox v. Her Majesty the Queen
(Quebec) (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) |
|---|---|---|
| 2014-12-22 | Transcript received, (67 pages) | |
| 2014-12-18 | Appeal closed | |
| 2014-12-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-12-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-12-08 |
Judgment on the appeal rendered, CJ Ro Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005019-110, 2014 QCCA 321, dated February 20, 2014, was heard on December 8, 2014, and the Court on that day delivered the following judgment orally: KARAKATSANIS J. — This is an appeal as of right on a question of law. We agree with the majority of the Quebec Court of Appeal that it was open to the trial judge to conclude beyond a reasonable doubt that the complainant would not have engaged in sexual relations had he known about the appellant’s HIV positive status. The fact that the trial judge also found that it was possible that the sexual relationship continued after disclosure, despite the complainant’s denial, does not necessarily render that first finding unreasonable. While it would have been preferable for the trial judge to more fully explain his reasoning relating to the complainant’s credibility, we are not satisfied that the trial judge erred in the analytical process set out in R. v. W. (D.), [1991] 1 S.C.R. 742, or that he failed to analyze the evidence as a whole relating to an ultimate issue. The appeal is dismissed. Dismissed |
|
| 2014-12-08 | Intervener's condensed book, (Book Form), Filed in Court | Canadian HIV/AIDS Legal Network |
| 2014-12-08 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2014-12-08 | Appellant's condensed book, (Book Form), Filed in Court | James Steven Wilcox |
| 2014-12-08 |
Hearing of the appeal, 2014-12-08, CJ Ro Cro Mo Ka Wa Ga Judgment rendered |
|
| 2014-12-05 | Supplemental document, Supplemental book of authorities (service rec'd 2014-12-09), Completed on: 2014-12-05 | Canadian HIV/AIDS Legal Network |
| 2014-12-04 | Correspondence received from, 1 reserved seat | Canadian HIV/AIDS Legal Network |
| 2014-12-02 | Notice of appearance, Jonathan A. Shime, Amanda Ross, Ryan Peck and Liz Lacharpagne will appearing and Mr. Shime will present oral arguments | Canadian HIV/AIDS Legal Network |
| 2014-11-25 |
Order by, Ro, FURTHER TO THE ORDER dated August 26, 2014, granting leave to intervene to the Canadian HIV/AIDS Legal Network, the HIV & AIDS Legal Clinic Ontario and the Coalition des organismes communautaires québécois de lutte contre le SIDA; IT IS HEREBY FURTHER ORDERED THAT the said group of interveners is granted permission to present joint oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2014-10-30 | Appeal perfected for hearing | |
| 2014-10-28 | Notice of appearance, Jeffrey Boro and Jonathan Gordon will be present at the hearing. | James Steven Wilcox |
| 2014-10-21 | Intervener's book of authorities, (Book Form), Completed on: 2014-10-21, (Electronic version filed on 2014-10-24) | Canadian HIV/AIDS Legal Network |
| 2014-10-21 | Intervener's factum, (Book Form), Completed on: 2014-10-21, (Electronic version filed on 2014-10-24) | Canadian HIV/AIDS Legal Network |
| 2014-10-09 | Notice of appearance, Dennis Galiatsatos and Richard Audet will be present at the hearing. | Her Majesty the Queen |
| 2014-10-02 | Notice of hearing sent to parties | |
| 2014-09-05 |
Appeal hearing scheduled, 2014-12-08 Judgment rendered |
|
| 2014-08-26 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2014-08-26 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATION filed, by the Canadian HIV/AIDS Legal Network, the HIV & AIDS Legal Clinic Ontario and the Coalition des organismes communautaires québécois de lutte contre le SIDA for leave to intervene jointly in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Canadian HIV/AIDS Legal Network, the HIV & AIDS Legal Clinic Ontario and the Coalition des organismes communautaires québécois de lutte contre le SIDA is granted without costs and the said interveners shall be entitled to serve and file jointly a factum not to exceed ten (10) pages in length in this appeal on or before October 21, 2014. 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 appellants and respondent any additional disbursements occasioned to the appellant and the respondent by their intervention. Granted, without costs |
|
| 2014-08-26 | Submission of motion for leave to intervene, Ro | |
| 2014-08-13 | Respondent's book of authorities, (Book Form), 6 volumes. 5 copies of volume V and 10 copies of volume IV are missing. Will be send today 2014-08-25. Documents received 2014-08-26., Completed on: 2014-08-13, (Electronic version filed on 2014-08-13) | Her Majesty the Queen |
| 2014-08-13 | Respondent's record, (Book Form), Completed on: 2014-08-13, (Electronic version filed on 2014-08-13) | Her Majesty the Queen |
| 2014-08-13 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2014-08-13) | Her Majesty the Queen |
| 2014-08-13 | Respondent's factum, (Book Form), Completed on: 2014-08-13, (Electronic version filed on 2014-08-13) | Her Majesty the Queen |
| 2014-08-13 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-08-19, (Electronic version filed on 2014-08-19) | HIV & AIDS Legal Clinic Ontario |
| 2014-08-07 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-08-07 | Her Majesty the Queen |
| 2014-08-05 | Motion for leave to intervene, (Book Form), Completed on: 2014-08-05, (Electronic version filed on 2014-08-05) | Canadian HIV/AIDS Legal Network |
| 2014-07-09 | Appellant's book of authorities, Completed on: 2014-07-09 | James Steven Wilcox |
| 2014-07-09 | Certificate of counsel (attesting to record) | James Steven Wilcox |
| 2014-07-09 | Appellant's record, (6 volumes), Completed on: 2014-07-31 | James Steven Wilcox |
| 2014-07-09 | Appellant's factum, Completed on: 2014-07-09 | James Steven Wilcox |
| 2014-04-30 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2014-04-17 | Notice of appeal, Fees missing - Rec'd on 2014-04-25, Completed on: 2014-04-28 | James Steven Wilcox |
| 2014-03-21 | Order on motion to extend time, (by KARAKATSANIS J.) | |
| 2014-03-21 |
Decision on motion to extend time, Ka, UPON APPLICATION by the appellant for an order extending the time to serve and file its notice of appeal as of right to April 20, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-03-21 | Submission of motion to extend time, Ka | |
| 2014-03-18 | Certificate (on limitations to public access) | James Steven Wilcox |
| 2014-03-18 | Response to motion to extend time, Completed on: 2014-03-18, (Electronic version filed on 2014-03-18) | Her Majesty the Queen |
| 2014-03-18 | Motion to extend time, To file his notice of appeal - Fees missing - Rec'd on 2014-03-19, Completed on: 2014-03-25, (Electronic version filed on 2014-03-18) | James Steven Wilcox |
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 |
|---|---|---|
| Wilcox, James Steven | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian HIV/AIDS Legal Network | Intervener | Active |
| HIV & AIDS Legal Clinic Ontario | Intervener | Active |
| Coalition des organismes communautaires québécois de lutte contre le sida | Intervener | Active |
Counsel
Party: Wilcox, James Steven
Counsel
Jonathan Gordon
500 Place d’Armes
Suite 2350
Montreal, Quebec
H2Y 2W2
Telephone: (514) 288-0444
FAX: (514) 288-7772
Agent
210 - 116 Lisgar Street
Ottawa, Ontario
K2P 0C2
Telephone: (613) 235-6324
FAX: (613) 235-3159
Email: bruce@bruceengel.com
Party: Her Majesty the Queen
Counsel
Richard Audet
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
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: Canadian HIV/AIDS Legal Network
Counsel
Amanda Ross
Richard Elliott
1900-439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-1716
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
Party: HIV & AIDS Legal Clinic Ontario
Counsel
65 Wellesley St. East, Suite 400
Toronto, Ontario
M4Y 1G7
Telephone: (416) 340-7790
FAX: (416) 340-7248
Email: peckr@lao.on.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: Coalition des organismes communautaires québécois de lutte contre le sida
Counsel
1, rue Sherbrooke Est
Montréal, Quebec
H2X 3V8
Telephone: (514) 844-2477
FAX: (514) 844-2498
Email: liz.lacharpagne@cocqsida.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 - Aggravated sexual assault - Consent - Evidence - Whether the trial judge failed to properly consider and apply R. v. W. (D.), [1991] 1 S.C.R. 742, when assessing the evidence as a whole - Whether the trial judge’s findings were unsupported by the evidence when assessed as a whole.
The appellant was convicted of aggravated sexual assault. The trial judge found that he knowingly exposed the complainant to HIV without the complainant’s consent, by engaging in unprotected anal intercourse with him. The complainant tested negative for the virus at the time of the assault, but was later found to be HIV positive. The appellant appealed his conviction, arguing, among other things, that his failure to disclose that he had HIV was immaterial because the complainant would still have consented to the unprotected intercourse. A majority of the Court of Appeal dismissed the appeal. Hilton J.A., dissenting, would have allowed the appeal and ordered a new trial on the basis that the trial judge erred in his application of R. v. W. (D.), [1991] 1 S.C.R. 742, and in his analysis of the evidence as a whole relating to whether there was a reasonable doubt as to the appellant’s guilt.
Lower court rulings
Court of Quebec
500-01-006624-073
Appellant convicted of aggravated sexual assault
Court of Appeal of Quebec (Montréal)
2014 QCCA 321, 500-10-005019-110
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