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36793

Tasia M. Natewayes 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2017-04-19 Notice of withdrawal, of counsel (original copy filed on April 26, 2017), Completed on: 2017-04-19 Tasia M. Natewayes
2017-04-07 Correspondence received, Email letter dated April 7, 2017, re: Ms. Nataweyes and Elder Ninigiwaydinnoong - the appellant wishes to be self-represented.

2017-02-21 Correspondence (sent by the Court) to, Appellant, re: response to correspondence dated February 8, 2017.
2017-02-13 Correspondence received, Ms. Nataweyes and Elder Ninigiwaydinnoong dated February 8, 2017.
2017-01-30 Appeal closed
2017-01-25 Transcript received, 27 pages
2017-01-24 Formal judgment sent to the registrar of the court of appeal and all parties
2017-01-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-01-19 Judgment on the appeal rendered, CJ Abe Mo Ga Côt Br Row,
The appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR2600, 2015 SKCA 120, dated November 18, 2015, was heard on January 19, 2017, and the Court on that day delivered the following judgment orally:

THE CHIEF JUSTICE — We are all of the view that the appeal should be dismissed for the reasons of Chief Justice Richards in the Court of Appeal.
Dismissed
2017-01-19 Respondent's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2017-01-19 Appellant's condensed book, Submitted in Court (14 copies) Tasia M. Natewayes
2017-01-19 Hearing of the appeal, 2017-01-19, CJ Abe Mo Ga Côt Br Row
Decision rendered
2017-01-09 Notice of appearance, Mr. W. Dean Sinclair will be present at the hearing and will present oral arguments. Her Majesty the Queen
2017-01-06 Notice of appearance, Peter Abrametz will be present at the hearing. Tasia M. Natewayes
2016-11-21 Notice of hearing sent to parties
2016-11-16 Appeal hearing scheduled, 2017-01-19, (previously scheduled for January 20, 2017)
Decision rendered
2016-09-14 Appeal perfected for hearing
2016-09-12 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-09-12) Her Majesty the Queen
2016-09-12 Respondent's book of authorities, (Book Form), Completed on: 2016-09-12, (Electronic version filed on 2016-09-12) Her Majesty the Queen
2016-09-12 Respondent's record, (Book Form), Completed on: 2016-09-12, (Electronic version filed on 2016-09-12) Her Majesty the Queen
2016-09-12 Respondent's factum, (Book Form), Completed on: 2016-09-12, (Electronic version filed on 2016-09-12) Her Majesty the Queen
2016-07-20 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-07-20) Tasia M. Natewayes
2016-07-20 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), (Electronic version filed on 2016-07-20) Tasia M. Natewayes
2016-07-20 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-20) Tasia M. Natewayes
2016-07-20 Appellant's book of authorities, (Book Form), Completed on: 2016-07-20, (Electronic version filed on 2016-07-20) Tasia M. Natewayes
2016-07-20 Appellant's record, (Book Form), Completed on: 2016-07-20, (Electronic version filed on 2016-07-20) Tasia M. Natewayes
2016-07-20 Appellant's factum, (Book Form), Completed on: 2016-07-20, (Electronic version filed on 2016-07-20) Tasia M. Natewayes
2016-06-23 Discontinuance of the application for leave to appeal, (Letter Form) Tasia M. Natewayes
2016-05-13 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2016-05-11 Order on motion to extend time, by Justice Brown
2016-05-11 Decision on motion to extend time, Br, UPON APPLICATION by the applicant/appellant for an order extending the time to serve and file its notice of appeal as of right to May 6, 2016;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.

Granted
2016-05-11 Submission of motion to extend time, Br
2016-05-09 Response to motion to extend time, (Letter Form), Completed on: 2016-05-09, (Electronic version filed on 2016-05-09) Her Majesty the Queen
2016-05-06 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-06) Tasia M. Natewayes
2016-05-06 Motion to extend time, (Book Form), Completed on: 2016-05-06, (Electronic version filed on 2016-05-06) Tasia M. Natewayes
2016-05-06 Notice of appeal, (Letter Form), Completed on: 2016-05-06, (Electronic version filed on 2016-05-06) Tasia M. Natewayes
2016-02-29 All materials on application for leave submitted to the Judges, Abe Ka Br
2016-01-21 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-01-21) Her Majesty the Queen
2016-01-21 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-01-21, (Electronic version filed on 2016-01-21) Her Majesty the Queen
2016-01-14 Correspondence received from, (Letter Form), from counsel for the applicant dated 2016-01-14 re: no Queen's Bench order was ever issued, (Printed version filed on 2016-01-14) Tasia M. Natewayes
2016-01-06 Letter acknowledging receipt of an incomplete application for leave to appeal, file opened 2016-01-06
2015-12-29 Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form) Tasia M. Natewayes
2015-12-29 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-01-06) Tasia M. Natewayes
2015-12-29 Notice of name, (Book Form), (Electronic version filed on 2016-01-06) Tasia M. Natewayes
2015-12-29 Book of authorities, (Book Form) Tasia M. Natewayes
2015-12-29 Application for leave to appeal, (Book Form), Completed on: 2016-01-14, (Electronic version filed on 2016-01-07) Tasia M. Natewayes

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

Main parties - Appellants
Name Role Status
Natewayes, Tasia M. Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Natewayes, Tasia M.

Counsel
Peter A. Abrametz
Peter A. Abrametz Legal Professional Corporation
1000 - 1st Avenue West
Prince Albert, Saskatchewan
S6V 4Y4
Telephone: (306) 922-1099
FAX: (306) 922-2351
Email: peterabrametz@sasktel.net
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Her Majesty the Queen

Counsel
W. Dean Sinclair, Q.C.
Attorney General for Saskatchewan
3rd Floor, 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
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 — Offences — Elements of offence — Parties to offence — Section 21 of the Criminal Code — Whether the convictions are based upon illogical reasoning with regards to material parts of the evidence resulting in unreasonable verdicts — Whether there was a misapprehension of the evidence resulting in a miscarriage of justice — Whether the Courts below erred by reviewing the facts and concluding that the outcome was foreseeable based upon the outcome — Whether the Courts below erred in finding that because the offence occurred, it was, ipso facto, foreseeable, when the events which occurred were not the only foreseeable outcome and that the conviction was entered in error as a result.

The applicant was charged with manslaughter in connection with a stabbing death that occurred during the course of a home invasion. Five armed intruders broke into a house because Cory Vandall and the applicant’s boyfriend were feuding over a drug debt. The intruders intended to assault Cory Vandall and did so, but they also killed Dakota Nayneecassum. The applicant participated in the crime by driving the intruders to and away from the crime scene. The trial judge acquitted the applicant of manslaughter but convicted her of break and enter for the purpose of committing an indictable offence. The Court of Appeal allowed the respondent’s appeal and dismissed the applicant’s appeal. The applicant was convicted of manslaughter.


Lower court rulings

April 13, 2015
Court of Queen’s Bench of Saskatchewan


Conviction for break and enter for the purpose of committing an indictable offence; acquittal entered for manslaughter charge

November 18, 2015
Court of Appeal for Saskatchewan

CACR2600, 2015 SKCA 120

Applicant’s appeal dismissed; respondent’s appeal of acquittal on manslaughter charge allowed: applicant convicted of manslaughter

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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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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Date modified: 2025-02-27