Case information
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36532
Johnathan Peter Spicer v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2016-01-29 | Transcript received, 27 pages | |
| 2016-01-21 | Appeal closed | |
| 2016-01-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-01-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-01-15 | General proceeding, Filing of questionnaire following the hearing of case involving a publication ban or sealing order | Johnathan Peter Spicer |
| 2016-01-15 |
Judgment on the appeal rendered, Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1403-0115-A, 2015 ABCA 190, dated June 4, 2015, was heard on January 15, 2016, and the Court on that day delivered the following judgment orally: MOLDAVER J. — The sole issue before us is whether the trial judge’s failure to instruct the jury on the need to take reasonable steps to ascertain consent might reasonably be thought to have had a material bearing on the acquittal. A majority of the Alberta Court of Appeal found that it did. We agree. Accordingly, we would dismiss the appeal. Dismissed |
|
| 2016-01-15 |
Hearing of the appeal, 2016-01-15, Mo Ka Wa Ga Côt Judgment rendered |
|
| 2016-01-15 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2016-01-05 | Notice of appearance, (Letter Form), Joanne Dartana will be appearing | Her Majesty the Queen |
| 2016-01-04 | Notice of appearance, Daryl Royer and Akram Attia will be appearing | Johnathan Peter Spicer |
| 2015-12-18 | Appeal perfected for hearing | |
| 2015-12-16 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2015-12-16 | Respondent's book of authorities, Completed on: 2015-12-16 | Her Majesty the Queen |
| 2015-12-16 | Respondent's record, Completed on: 2015-12-17 | Her Majesty the Queen |
| 2015-12-16 | Respondent's factum, Completed on: 2015-12-17 | Her Majesty the Queen |
| 2015-11-27 | Notice of hearing sent to parties | |
| 2015-11-26 |
Appeal hearing scheduled, 2016-01-15 Judgment rendered |
|
| 2015-10-23 | Certificate of counsel (attesting to record) | Johnathan Peter Spicer |
| 2015-10-23 | Appellant's book of authorities, Completed on: 2015-10-23 | Johnathan Peter Spicer |
| 2015-10-23 | Appellant's record, Completed on: 2015-10-23 | Johnathan Peter Spicer |
| 2015-10-23 | Appellant's factum, Completed on: 2015-10-23 | Johnathan Peter Spicer |
| 2015-08-14 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-08-04 | Letter acknowledging receipt of a notice of appeal | |
| 2015-07-31 | Certificate (on limitations to public access) | Johnathan Peter Spicer |
| 2015-07-31 | Notice of appeal, Completed on: 2015-07-31 | Johnathan Peter Spicer |
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 |
|---|---|---|
| Spicer, Johnathan Peter | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Spicer, Johnathan Peter
Counsel
Edmonton, Alberta
T5J 1Z4
Telephone: (780) 451-8700
FAX: (780) 424-4252
Email: daryl@darylroyer.com
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, Bowker Building
9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 643-1857
FAX: (780) 422-1106
Email: joanne.dartana@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
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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 - Charge to jury - Defences - Mistaken belief in consent - Appellant acquitted of sexual assault - Court of Appeal ordering a new trial because trial judge failed to instruct the jury that a mistaken belief in consent depends on the accused having taken reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting - Whether result would have been the same had the jury been properly instructed.
Mr. Spicer was acquitted by a jury of a charge of sexual assault. The Crown appealed the acquittal, arguing that the trial judge erred in law in placing the defence of mistaken belief in consent before the jury because there was no air of reality to the argument, and that the trial judge failed to instruct the jury that under s. 273.2 of the Criminal Code, a mistaken belief in consent depends on the accused having taken reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting. The majority of the Court of Appeal agreed with the Crown’s second ground and ordered a new trial. It was of the view that the verdict of the jury would not necessarily have been the same if they had been properly instructed. Wakeling J.A., dissenting, agreed that the trial judge erred in his charge to the jury but believed that the result would inevitably have been the same had the jury been properly instructed. He would have dismissed the appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
130891005Q1
Appellant acquitted of sexual assault
Court of Appeal of Alberta (Edmonton)
1403-0115-A, 2015 ABCA 190
Appeal allowed and 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.
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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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