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.
37372
Barbara George 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) |
|---|---|---|
| 2017-09-01 | Appeal closed | |
| 2017-07-07 |
Written reasons rendered after oral judgment, Abe Mo Ka Ga Côt Allowed |
|
| 2017-05-11 | Transcript received, 50 pages | |
| 2017-05-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-05-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-04-28 |
Judgment on the appeal rendered, Abe Mo Ka Ga Côt, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR2588, 2016 SKCA 155, dated December 2, 2016, was heard on April 28, 2017 and the Court on that day delivered the following judgment orally: ABELLA J. — We are all of the view that the appeal should be allowed and the acquittals restored. Reasons to follow. Allowed |
|
| 2017-04-28 | Judgment reserved OR rendered with reasons to follow | |
| 2017-04-28 | General proceeding, Questionnaire following the hearing concerning the publication ban. | Her Majesty the Queen |
| 2017-04-28 | General proceeding, Questionnaire following the hearing concerning the publication ban. | Barbara George |
| 2017-04-28 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2017-04-28 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Barbara George |
| 2017-04-28 |
Hearing of the appeal, 2017-04-28, Abe Mo Ka Ga Côt Judgment rendered |
|
| 2017-04-10 | Notice of appearance, Ross Macnab and Thomas Hynes will be present at the hearing. Mr. Macnab will present oral arguments. | Barbara George |
| 2017-04-04 | Appeal perfected for hearing | |
| 2017-04-03 | Notice of appearance, Erin Bartsch will be present at the appeal and will present oral arguments. | Her Majesty the Queen |
| 2017-03-31 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2017-03-31 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2017-03-31 | Respondent's book of authorities, (Book Form), 2 books filed, Completed on: 2017-03-31 | Her Majesty the Queen |
| 2017-03-31 | Respondent's factum, (Book Form), Completed on: 2017-03-31 | Her Majesty the Queen |
| 2017-03-24 | Order on motion for leave to intervene, (BY JUSTICE KARAKATSANIS) | |
| 2017-03-24 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The proposed intervention would raise an issue not raised in the courts below. The motion for leave to intervene is dismissed. Dismissed |
|
| 2017-03-24 | Submission of motion for leave to intervene, Ka | |
| 2017-03-17 | Reply to the motion for leave to intervene, Completed on: 2017-03-17 | Attorney General of Ontario |
| 2017-03-15 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-15 | Barbara George |
| 2017-03-09 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-09, (Electronic version filed on 2017-03-09) | Her Majesty the Queen |
| 2017-03-08 | Motion for leave to intervene, (Letter Form), Completed on: 2017-03-08, (Electronic version filed on 2017-03-08) | Attorney General of Ontario |
| 2017-02-22 | Notice of hearing sent to parties | |
| 2017-02-21 |
Appeal hearing scheduled, 2017-04-28, (Previously scheduled for April 24, 2017) Judgment rendered |
|
| 2017-02-17 | Correspondence (sent by the Court) to, all parties by mail, re: new tentative hearing date. | |
| 2017-02-16 | Certificate of counsel (attesting to record), (Letter Form) | Barbara George |
| 2017-02-16 | Appellant's record, (Book Form), Completed on: 2017-02-16 | Barbara George |
| 2017-02-16 | Appellant's factum, (Book Form), Completed on: 2017-02-16 | Barbara George |
| 2017-01-26 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 9, 2017. 2. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before March 15, 2017. 3. Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 17, 2017. 4. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before April 10, 2017. Granted |
|
| 2017-01-26 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2017-01-03 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2017/01/03 | |
| 2016-12-22 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-22) | Barbara George |
| 2016-12-22 | Notice of appeal, (Book Form), Completed on: 2016-12-22, (Electronic version filed on 2016-12-22) | Barbara George |
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 |
|---|---|---|
| George, Barbara | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: George, Barbara
Counsel
Thomas Hynes
700-1914 Hamilton Street
Regina, Saskatchewan
S4P 3N6
Telephone: (306) 522-3030
FAX: (306) 522-3555
Email: rmacnab@grj.ca
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
Erin Bartsch
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.
(PUBLICATION BAN IN CASE)
Criminal law - Sexual interference - Sexual assault - Accused taking reasonable steps to ascertain age of complainant - Whether the Court of Appeal erred in finding that the trial judge failed to perform the analysis required by s. 150.1(4) of the Criminal Code, R.S.C. 1985, c. C-46 - Whether the Court of Appeal erred in finding that the Crown had raised a question of law - If the Crown had raised a question of law, whether the Court of Appeal erred in setting aside the acquittals.
The appellant had sexual intercourse with the 14 year old complainant. At trial, she was acquitted of sexual interference and sexual assault, because the trial judge found that the sexual activity had been factually consensual, that the appellant had honestly believed that the complainant was legally able to consent, and that the Crown had not proven that the appellant failed to take all reasonable steps to ascertain the complainant’s age (s. 150.1(4) of the Criminal Code). The Crown appealed the acquittal, arguing that the trial judge erred in his consideration and application of s. 150.1(4). The Court of Appeal allowed the appeal and ordered a new trial. Jackson J.A., dissenting, would have dismissed the appeal on the basis of lack of jurisdiction, because the Crown had not raised a question of law as required by s. 676(1)(a) of the Criminal Code. Jackson J.A. concluded that in any event, had the trial judge erred in law, the error would not have had a material bearing on the verdict.
Lower court rulings
Court of Appeal for Saskatchewan
CACR2588, 2016 SKCA 155
See file
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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