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.
37153
Her Majesty the Queen v. Adam Michael Brown
(Alberta) (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) |
|---|---|---|
| 2017-02-27 | Transcript received, 22 pages | |
| 2017-02-22 | Appeal closed | |
| 2017-02-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-02-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-02-20 |
Judgment on the appeal rendered, Abe Mo Ka Ga Row, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0004-A, 2016 ABCA 192, dated June 23, 2016, was heard on February 20, 2017, and the Court on that day delivered the following judgment orally: ABELLA J. — In all the circumstances of this case, we are satisfied that Mr. Sahal’s K.G.B. statement was admissible, was reasonably capable of belief, and could reasonably have affected the outcome. The appeal is therefore dismissed. Dismissed |
|
| 2017-02-20 |
Hearing of the appeal, 2017-02-20, Abe Mo Ka Ga Row Judgment rendered |
|
| 2017-02-20 | Appellant's condensed book, (Book Form), (14 copies) Submitted in courtroom., (Electronic version filed on 2017-02-20) | Her Majesty the Queen |
| 2017-02-17 | Respondent's condensed book, (Book Form), (14 copies) Distributed in courtroom. | Adam Michael Brown |
| 2017-02-03 | Notice of appearance, (Letter Form), Troy Couillard will be appearing and presenting oral argument. | Her Majesty the Queen |
| 2017-02-03 | Notice of appearance, (Letter Form), Daniel J. Song and Vincent Rizzuto will be appearing. Mr. Song will present oral argument. | Adam Michael Brown |
| 2017-02-01 | Appeal perfected for hearing | |
| 2017-01-31 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-01-31) | Adam Michael Brown |
| 2017-01-30 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-01-30) | Adam Michael Brown |
| 2017-01-30 | Respondent's book of authorities, (Book Form), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | Adam Michael Brown |
| 2017-01-30 | Respondent's record, (Book Form), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | Adam Michael Brown |
| 2017-01-30 | Respondent's factum, (Book Form), Completed on: 2017-01-30, (Electronic version filed on 2017-01-30) | Adam Michael Brown |
| 2016-11-23 | Notice of hearing sent to parties | |
| 2016-11-16 |
Appeal hearing scheduled, 2017-02-20 Judgment rendered |
|
| 2016-11-15 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2016-11-15 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-11-15 | Appellant's book of authorities, (Book Form), Completed on: 2016-11-15 | Her Majesty the Queen |
| 2016-11-15 | Appellant's record, (Book Form), (4 volumes), Completed on: 2016-11-15 | Her Majesty the Queen |
| 2016-11-15 | Appellant's factum, (Book Form), Completed on: 2016-11-15 | Her Majesty the Queen |
| 2016-10-07 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2016-10-04 | Correspondence received from, (Letter Form), Counsel for the Respondent, re: confirming that Mr. Daniel Song will be representing Mr. Adam Michael Brown. | Adam Michael Brown |
| 2016-09-08 | Correspondence (sent by the Court) to, Respondent, re: Self-represented Questionnaire regarding legal services. | |
| 2016-08-26 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-08-26 | Letter acknowledging receipt of a notice of appeal | |
| 2016-08-23 | Notice of appeal, (Book Form), Completed on: 2016-08-26 | 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 |
|---|---|---|
| Brown, Adam Michael | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
3rd Floor Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5042
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
Party: Brown, Adam Michael
Counsel
Vincent Rizzuto
1720 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-7447
FAX: (604) 687-7089
Email: djsong@sprakesongkonye.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@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 - Evidence - Application to admit fresh evidence - Whether there was admissible evidence before Court of Appeal capable of supporting application to admit fresh evidence - Whether majority of the Court of Appeal misapplied test for fresh evidence set out in Palmer v. The Queen, [1980] 1 S.C.R. 759.
The respondent was convicted of second degree murder and of assault with a weapon. The respondent’s appeal to the Court of Appeal was dismissed, but his co-accused’s appeal was allowed and he was acquitted following a retrial. Based on testimony given by a witness at his co-accused’s retrial and on two statements (one audio-recorded but unsworn and the other video-recorded and sworn) given to police by that same witness which were not disclosed to him until after his appeal at the Court of Appeal was dismissed, the respondent sought and was granted leave to appeal his conviction to the Supreme Court of Canada. The Court remanded the appeal to the Court of Appeal, in conjunction with the application to adduce new evidence. The statements or parts of them suggested that the respondent was not one of the shooters. A majority of the Court of Appeal admitted the new evidence, allowed the appeal and ordered a new trial. McDonald J.A., dissenting, would have dismissed the application to admit new evidence on the basis that none of the evidence would be admissible at a retrial. He would also have dismissed the appeal.
Lower court rulings
Court of Appeal of Alberta (Edmonton)
2016 ABCA 192, 1103-0004-A
Appeal allowed
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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