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.
36585
Her Majesty the Queen v. Meredith Katharine Borowiec
(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) |
|---|---|---|
| 2016-04-08 | Appeal closed | |
| 2016-03-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-03-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-03-24 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Br, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1301-0359-A, 2015 ABCA 232, dated July 8, 2015, heard on January 20, 2016, is dismissed. Dismissed |
|
| 2016-02-03 | Transcript received, 64 pages. | |
| 2016-01-20 | Judgment reserved OR rendered with reasons to follow | |
| 2016-01-20 | General proceeding, Filing of questionnaire following the hearing of case involving a publication ban. | Meredith Katharine Borowiec |
| 2016-01-20 | General proceeding, Filing of questionnaire following the hearing of case involving a publication ban. | Her Majesty the Queen |
| 2016-01-20 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies). | Criminal Lawyers' Association of Ontario |
| 2016-01-20 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies). | Meredith Katharine Borowiec |
| 2016-01-20 |
Hearing of the appeal, 2016-01-20, CJ Abe Cro Mo Ka Wa Br Judgment reserved |
|
| 2016-01-20 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies). | Her Majesty the Queen |
| 2016-01-15 | Notice of appearance, Jocelyn Speyer will be appearing at the hearing for the Intervener, Attorney General of Ontario. Ms. Speyer will present the oral arguments. | Attorney General of Ontario |
| 2016-01-14 | Notice of appearance, Jonathan Dawe and Michael Dineen will be appearing as counsel for the Intervener, Criminal Lawyers' Association of Ontario. Mr. Dawe will present the oral arguments. | Criminal Lawyers' Association of Ontario |
| 2016-01-14 | Notice of appearance, Jessica Orkin, Frances Mahon and Kim Stanton will appear as counsel for the Intervener, Women's Legal Education and Action Fund Inc. Ms.Orkin will present oral arguments. | Women's Legal Education and Action Fund Inc. |
| 2016-01-13 |
Order by, Br, FURTHER TO THE ORDER dated December 18, 2015, granting leave to intervene to the Attorney General of Ontario, the Women’s Legal Education and Action Fund Inc. and the Criminal Lawyers’ Association of Ontario; IT IS HEREBY FURTHER ORDERED THAT: The interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. In light of paragraph 6 of the factum of the intervener the Attorney General of Ontario, the interveners are reminded of Rule 42. The interveners shall not in their submissions make any statement respecting the outcome of this appeal. Granted |
|
| 2016-01-12 | Notice of appearance, Andrea L. Serink and Alias Amelia Sanders will be the counsels appearing for the Respondent. Both Ms. Serink and Ms. Sanders will present oral argument. | Meredith Katharine Borowiec |
| 2016-01-12 | Correspondence received from, (Letter Form), Julie Morgan, counsel for the Appellant re : note on the Judgment on appeal under footnote 119., (Electronic version filed on 2016-01-12) | Her Majesty the Queen |
| 2016-01-11 | Intervener's book of authorities, (Book Form), Completed on: 2016-01-11, (Electronic version filed on 2016-01-11) | Attorney General of Ontario |
| 2016-01-11 | Intervener's factum, (Book Form), Completed on: 2016-01-11, (Electronic version filed on 2016-01-11) | Attorney General of Ontario |
| 2016-01-11 | Intervener's book of authorities, (Book Form), Completed on: 2016-01-11, (Electronic version filed on 2016-01-11) | Women's Legal Education and Action Fund Inc. |
| 2016-01-11 | Intervener's factum, (Book Form), Completed on: 2016-01-11, (Electronic version filed on 2016-01-11) | Women's Legal Education and Action Fund Inc. |
| 2016-01-11 | Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2016-01-11, (Electronic version filed on 2016-01-11) | Criminal Lawyers' Association of Ontario |
| 2016-01-11 | Intervener's factum, (Book Form), Completed on: 2016-01-11, (Electronic version filed on 2016-01-11) | Criminal Lawyers' Association of Ontario |
| 2016-01-08 | Appeal perfected for hearing | |
| 2016-01-06 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-01-06) | Meredith Katharine Borowiec |
| 2016-01-05 | Respondent's book of authorities, (Book Form), Completed on: 2016-01-05, (Electronic version filed on 2016-01-05) | Meredith Katharine Borowiec |
| 2016-01-05 | Respondent's factum, (Book Form), Completed on: 2016-01-05, (Electronic version filed on 2016-01-05) | Meredith Katharine Borowiec |
| 2016-01-04 | Notice of appearance, Julie Morgan and Joanne Dartana will appear at the hearing on behalf of the Appellant. Ms. Morgan will address the Court. | Her Majesty the Queen |
| 2015-12-18 | Order on motion for leave to intervene, by Justice Brown | |
| 2015-12-18 |
Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by the Attorney General of Ontario, the Women’s Legal Education and Action Fund Inc. and the Criminal Lawyers’ Association of Ontario; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before January 11, 2016. The requests to present oral argument are 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2015-12-18 | Submission of motion for leave to intervene, Br | |
| 2015-12-18 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2015-12-18 | Attorney General of Ontario |
| 2015-12-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-12-17 | Meredith Katharine Borowiec |
| 2015-12-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2015-12-17 | Her Majesty the Queen |
| 2015-12-16 | Correspondence received from, (Letter Form), agent for the appellant to clarify the Publication ban Order in effect. | Her Majesty the Queen |
| 2015-12-15 | Motion for leave to intervene, (Letter Form), Completed on: 2015-12-23, (Electronic version filed on 2015-12-15) | Criminal Lawyers' Association of Ontario |
| 2015-12-15 | Correspondence received from, (Letter Form), Julie Morgan re : Wrong Criminal Code used on the certificate. | Her Majesty the Queen |
| 2015-12-15 | Motion for leave to intervene, (Book Form), Completed on: 2015-12-15, (Electronic version filed on 2015-12-15) | Women's Legal Education and Action Fund Inc. |
| 2015-12-11 | Motion for leave to intervene, Completed on: 2015-12-11, (Electronic version filed on 2015-12-11) | Attorney General of Ontario |
| 2015-12-04 | Correspondence received from, Respondent, notice of change of Ottawa Agent | Meredith Katharine Borowiec |
| 2015-11-27 | Notice of hearing sent to parties | |
| 2015-11-26 |
Appeal hearing scheduled, 2016-01-20 Judgment reserved |
|
| 2015-11-17 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2015-11-17 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-11-17 | Appellant's book of authorities, Completed on: 2015-11-17 | Her Majesty the Queen |
| 2015-11-17 | Appellant's record, (6 volumes), Completed on: 2015-11-17 | Her Majesty the Queen |
| 2015-11-17 | Appellant's factum, Completed on: 2015-11-17 | Her Majesty the Queen |
| 2015-09-24 | Correspondence received from, Moira Dillon by email, re: retained as agent for the respondent | Meredith Katharine Borowiec |
| 2015-09-16 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-09-03 | Letter acknowledging receipt of a notice of appeal, file opened 2015-09-03. | |
| 2015-08-28 | Correspondence received from, (Book Form), Judgment of the Court of Appeal of Alberta dated 2015-07-08., (Electronic version filed on 2015-09-18) | Her Majesty the Queen |
| 2015-08-28 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-08-28) | Her Majesty the Queen |
| 2015-08-28 | Notice of appeal, (Letter Form), Completed on: 2015-08-28, (Electronic version filed on 2015-08-28) | 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 |
|---|---|---|
| Borowiec, Meredith Katharine | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Women's Legal Education and Action Fund Inc. | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Joanne Dartana
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: julie.morgan@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
Party: Borowiec, Meredith Katharine
Counsel
Alias Amelia Sanders
Suite 600, 630 6 Ave SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 719-7500
FAX: (403) 719-3669
Email: as@serinklawoffice.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: Attorney General of Ontario
Counsel
Jocelyn Speyer
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: howard.liebovich@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Women's Legal Education and Action Fund Inc.
Counsel
Frances Mahon
Kim Stanton
20 Dundas Street West
Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Email: jorkin@goldblattpartners.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Criminal Lawyers' Association of Ontario
Counsel
Michael Dineen
171 John Street, Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5058
FAX: (416) 352-7733
Email: jdawe@dawedineen.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
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.
(PUBLICATION BAN IN CASE)
Criminal law - Offences - Infanticide - What is the legal standard for infanticide in section 233 of the Criminal Code, R.S.C. 1985, c. C-46?
The accused was charged with two counts of second degree murder relating to the death of her newborns delivered in 2008 and 2009. The trial judge found that both babies were born alive and abandoned immediately after birth, when the accused wrapped each in a towel, placed them in a garbage bag and then in a dumpster. He concluded that the accused wilfully caused the death of her two newborn children but that her mind was disturbed as a result of the births. Accordingly, he acquitted her of second degree murder but convicted her of two counts of infanticide under s. 233 of the Criminal Code. The Crown appealed the acquittal and sought a new trial on two counts of second degree murder. It argued that the trial judge erred in applying the law of infanticide, in his consideration of the expert evidence, and in failing to provide adequate reasons to allow for meaningful appellate review. The majority of the Court of Appeal dismissed the appeal. Wakeling J.A., dissenting, would have allowed the appeal and ordered a new trial on two charges of second degree murder. He was of the view that the trial judge did not apply the correct standard to determine whether the accused had a disturbed mind under s. 233.
Lower court rulings
Court of Queen’s Bench of Alberta
Respondent acquitted of two counts of second degree murder but convicted of two counts of infanticide
Court of Appeal of Alberta (Calgary)
1301-0359A, 2015 ABCA 232
Appeal by appellant 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.
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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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