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.
36421
M.J.B. v. Her Majesty The Queen
(Alberta) (Criminal) (As of Right)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-11-09 | Transcript received, 67 pages | |
| 2015-10-22 | Appeal closed | |
| 2015-10-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-10-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-10-16 |
Judgment on the appeal rendered, Abe Cro Mo Côt Br, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1403-0113-A, 2015 ABCA 146, dated April 28, 2015, was heard on October 16, 2015, and the Court on that day delivered the following judgment orally: ABELLA J. — The majority is of the view that the appeal should be dismissed for the reasons of Justices Watson and Rowbotham in the Court of Appeal. Justice Côté is dissenting and she would allow the appeal substantially for the reasons of Justice Wakeling. Dismissed |
|
| 2015-10-16 | General proceeding, Questionnaire concerning the publication ban | Her Majesty The Queen |
| 2015-10-16 | General proceeding, Questionnaire concerning the publication ban | M.J.B. |
| 2015-10-16 | Appellant's condensed book, (14 volumes), Submitted in Court | M.J.B. |
| 2015-10-16 |
Hearing of the appeal, 2015-10-16, Abe Cro Mo Côt Br Judgment rendered |
|
| 2015-10-13 | Notice of appearance, Troy Couillard will be present at the hearing. | Her Majesty The Queen |
| 2015-10-01 | Notice of appearance, Deborah Hatch will be present at the hearing. | M.J.B. |
| 2015-09-24 | Appeal perfected for hearing | |
| 2015-09-22 | Correspondence received from, (Letter Form), Matthew Estabrooks, agent for the Respondent re : there is no sealing order in place; the publication ban is the only restriction on access, (Electronic version filed on 2015-09-22) | Her Majesty The Queen |
| 2015-09-17 | Correspondence received from, (Letter Form), Matthew Estabrooks, agent for the respondent re : redacted factum., (Electronic version filed on 2015-09-17) | Her Majesty The Queen |
| 2015-09-17 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-09-17) | Her Majesty The Queen |
| 2015-09-17 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-17) | Her Majesty The Queen |
| 2015-09-17 | Respondent's record, (Book Form), Completed on: 2015-09-17, (Electronic version filed on 2015-09-17) | Her Majesty The Queen |
| 2015-09-17 | Respondent's factum, (Book Form), Completed on: 2015-09-17, (Electronic version filed on 2015-09-17) | Her Majesty The Queen |
| 2015-08-25 | Notice of hearing sent to parties | |
| 2015-08-24 |
Appeal hearing scheduled, 2015-10-16 Judgment rendered |
|
| 2015-08-13 | Correspondence received from, counsel for the respondent re: change of counsel from Melanie Hayes-Richard to Troy Couillard. | Her Majesty The Queen |
| 2015-07-24 | Certificate of counsel (attesting to record) | M.J.B. |
| 2015-07-24 | Appellant's book of authorities, (Book Form), Completed on: 2015-07-24 | M.J.B. |
| 2015-07-24 | Appellant's record, (Book Form), Completed on: 2015-07-27 | M.J.B. |
| 2015-07-24 | Appellant's factum, (Book Form), Completed on: 2015-07-24 | M.J.B. |
| 2015-06-11 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), for the new tentative hearing date. | |
| 2015-06-09 | Correspondence received from, counsel for the appellant. Requesting a change in the tentative hearing date. | M.J.B. |
| 2015-06-02 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-05-06 | Letter acknowledging receipt of a notice of appeal | |
| 2015-05-01 | Certificate (on limitations to public access) | M.J.B. |
| 2015-05-01 | Notice of appeal, Completed on: 2015-05-01 | M.J.B. |
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 |
|---|---|---|
| M.J.B. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty The Queen | Respondent | Active |
Counsel
Party: M.J.B.
Counsel
11210 - 142 Street
Edmonton, Alberta
T5M 1T9
Telephone: (780) 488-4460
FAX: (780) 488-4783
Email: dhatch@gunnlawgroup.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Her Majesty The Queen
Counsel
3rd Floor, 9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: troy.couillard@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@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 - Sexual assault - Whether the trial judge erred in reaching a verdict that was unreasonable or unsupported by the evidence - Whether the trial judge erred in law in applying the test set out in R. v. W.(D.), [1991] 1 S.C.R. 742 - Whether the trial judge misapprehended material evidence.
The appellant was convicted of sexually assaulting his 14 year-old half-sister. The appellant’s and complainant’s versions of events differed significantly. The appellant appealed his conviction, arguing, among other things, that the verdict was unreasonable. A majority of the Court of Appeal dismissed the appeal. Wakeling J.A., dissenting, would have allowed the appeal, quashed the conviction and entered an acquittal. In his view, the verdict was unreasonable. He found that the complainant’s evidence was unreliable and that the uncontested evidence did not support her version of events.
Lower court rulings
Court of Queen’s Bench of Alberta
091429316Q1
Appellant convicted of sexual assault
Court of Appeal of Alberta (Edmonton)
1403-0113-A, 2015 ABCA 146
Appeal dismissed
Filed documents
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 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 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
Not available
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available