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.
36704
John Thomas Shaoulle v. Her Majesty the Queen
(Saskatchewan) (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) |
|---|---|---|
| 2016-05-06 | Transcript received, (18 pages). | |
| 2016-05-05 | Appeal closed | |
| 2016-05-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-05-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-05-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-04-29 |
Judgment on the appeal rendered, CJ Abe Mo Côt Br, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR2384, 2015 SKCA 101, dated September 30, 2015, was heard on April 29, 2016, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — The appeal is dismissed for the reasons of the majority of the Court of Appeal. Dismissed |
|
| 2016-04-29 |
Hearing of the appeal, 2016-04-29, CJ Abe Mo Côt Br Judgment rendered |
|
| 2016-04-29 | Respondent's condensed book, (Book Form), submitted at the hearing (14 copies). | Her Majesty the Queen |
| 2016-04-29 | Appellant's condensed book, (Book Form), submitted at the hearing (14 copies). | John Thomas Shaoulle |
| 2016-04-15 | Notice of appearance, W. Dean Sinclair, Q.C. will be present at the hearing for the Respondent. | Her Majesty the Queen |
| 2016-04-14 | Notice of appearance, Brian Pfefferle and Amy Kolenick will be appearing at the hearing or the Appellant. Mr. Pfefferle will make the oral arguments. | John Thomas Shaoulle |
| 2016-04-07 | Appeal perfected for hearing | |
| 2016-03-31 | Respondent's book of authorities, (Book Form), Completed on: 2016-03-31, (Electronic version filed on 2016-03-31) | Her Majesty the Queen |
| 2016-03-31 | Respondent's factum, (Book Form), Completed on: 2016-03-31, (Electronic version filed on 2016-03-31) | Her Majesty the Queen |
| 2016-02-12 | Notice of hearing sent to parties | |
| 2016-02-10 |
Appeal hearing scheduled, 2016-04-29 Judgment rendered |
|
| 2016-02-08 | Appellant's factum, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | John Thomas Shaoulle |
| 2016-02-08 | Appellant's book of authorities, (Book Form), also CD : Record Book Tab 4C - Exhibit P-18, National Hotel Video., Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | John Thomas Shaoulle |
| 2016-02-08 | Appellant's record, (Book Form), (2 volumes), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | John Thomas Shaoulle |
| 2015-11-17 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-11-02 | Letter acknowledging receipt of a notice of appeal, file opened 2015-11-02. | |
| 2015-10-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-30) | John Thomas Shaoulle |
| 2015-10-30 | Notice of appeal, (Letter Form), Fee missing. Received 2015-11-09., Completed on: 2015-11-02, (Electronic version filed on 2015-10-30) | John Thomas Shaoulle |
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 |
|---|---|---|
| Shaoulle, John Thomas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Shaoulle, John Thomas
Counsel
Amy L. Kolenick
311-21st Street East
Saskatoon, Saskatchewan
S7K 0C1
Telephone: (306) 290-5688
FAX: (866) 869-2959
Email: brian@pfefferlelaw.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Her Majesty the Queen
Counsel
3rd Floor, 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
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 - Appeals - Unreasonable verdict - Accused convicted of first degree murder -Whether the verdict appealed against was one that a properly instructed trier of fact acting judicially could reasonably have rendered.
Mr. Shaoulle was convicted of first degree murder by a judge sitting without a jury. The naked and partially burned body of the victim, Margaret Sewap, was found on April 8, 2011 in Prince Albert. She had been sexually assaulted and strangled. The case for the Crown was composed entirely of circumstantial evidence. Mr. Shaoulle did not call any defence evidence and did not testify. Mr. Shaoulle appealed his conviction on the sole ground that the verdict was unreasonable or could not be supported by the evidence. The majority of the Court of Appeal dismissed his appeal. Klebuc J.A., dissenting, would have allowed the appeal and entered an acquittal. He was of the view that a properly instructed jury, acting judicially, could not have concluded beyond a reasonable doubt, based on the circumstantial evidence, the post-offence conduct evidence and other evidence before the trial judge, that Mr. Shaoulle was the killer.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
CR40
Appellant convicted of first degree murder
Court of Appeal for Saskatchewan
CACR2384, 2015 SKCA 101
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
Not available
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