Case information
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37416
Marie-Eve Magoon v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right / By Leave)
(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) |
|---|---|---|
| 2018-04-17 | Appeal closed | |
| 2018-04-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-04-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-04-13 | Written reasons rendered after oral judgment, CJ Abe Mo Ka Wa Ga Côt Br Row | |
| 2017-12-11 | Transcript received, Joint with 37479 - 85 pages | |
| 2017-12-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-01 | Judgment on leave sent to the parties | |
| 2017-11-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-11-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-11-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-11-28 | Judgment on leave sent to the parties | |
| 2017-11-27 | Order on motion to strike out, CORAM: MCLACHLIN C.J. AND ABELLA, MOLDAVER, KARAKATSANIS, WAGNER, GASCON, CÔTÉ, BROWN AND ROWE JJ. | |
| 2017-11-27 |
Decision on motion to strike out, CJ Abe Mo Ka Wa Ga Côt Br Row, UPON APPLICATION by the respondent for an order striking the reference to docket No. 1501-0237-A in the first paragraph and the third and fourth questions from the appellant’s notice of appeal; AND THE MATERIAL FILED having been read; AND AFTER THE HEARING of this motion; IT IS HEREBY ORDERED THAT: The motion to strike is granted. Granted |
|
| 2017-11-27 |
Judgment of the Court on the application for leave to appeal, After hearing the parties on November 27, 2017, the motion filed by the respondent for an extension of time to serve and file its response to the application for leave to appeal is granted and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0237-A, 2016 ABCA 412, dated December 22, 2016, is dismissed Dismissed |
|
| 2017-11-27 |
Decision on motion to extend time, See decision on application Granted |
|
| 2017-11-27 | General proceeding, (Letter Form), Questionnaire regarding the publication ban. | Marie-Eve Magoon |
| 2017-11-27 | General proceeding, (Letter Form), (joint with 37479) Questionnaire regarding the publication ban. | Her Majesty the Queen |
| 2017-11-27 | Judgment reserved OR rendered with reasons to follow | |
| 2017-11-27 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0154-A, 2016 ABCA 412, dated December 22, 2016, was heard on November 27, 2017, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — The appeal is dismissed. Reasons to follow. Dismissed |
|
| 2017-11-27 |
Judgment of the Court on the application for leave to appeal Dismissed |
|
| 2017-11-27 | Respondent's condensed book, (Book Form), 14 copies (Submitted in Court) | Her Majesty the Queen |
| 2017-11-27 | Appellant's condensed book, (Book Form), 14 Copies (Submitted in Court) | Marie-Eve Magoon |
| 2017-11-27 |
Hearing of the appeal, 2017-11-27, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment rendered |
|
| 2017-11-24 | Correspondence received from, (Letter Form), will include an additional authority in their condensed book. | Marie-Eve Magoon |
| 2017-11-14 | Notice of appearance, Michael Bates and Nicole Rodych will be present at the heraing and will both present oral arguments. | Marie-Eve Magoon |
| 2017-11-10 |
Notice of appearance, Joint with 37479; Christine Rideout and Andrew Barg will be present at the hearing, and Ms. Rideout will present oral arguments. |
Her Majesty the Queen |
| 2017-10-24 | Correspondence received from, Joint with 37479; counsel for the Respondent, re: 8 reserved seats requested. | Her Majesty the Queen |
| 2017-09-11 | Submission of motion to strike out, Distributed to all Judges in accordance with the order of Justice Gascon., CJ Abe Mo Ka Wa Ga Côt Br Row | |
| 2017-09-11 | All materials on application for leave submitted to the Judges, Distributed to all Judges in accordance with the order of Justice Gascon., for consideration by the Court | |
| 2017-09-11 | Submission of motion to extend time, CJ Abe Mo Ka Wa Ga Côt Br Row | |
| 2017-08-21 |
Appeal hearing scheduled, 2017-11-27, (previously tentatively scheduled for October 6, 2017) Judgment rendered |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-07-20 | Appeal perfected for hearing | |
| 2017-07-20 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2017-07-20 | Motion to extend time, (Book Form), to serve and file the response; payment missing-rec'd 2017/07/26, Completed on: 2017-07-20 | Her Majesty the Queen |
| 2017-07-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-07-20 | Her Majesty the Queen |
| 2017-07-20 | Certificate (on limitations to public access), (Letter Form), Joint with appeal certificate 23A | Her Majesty the Queen |
| 2017-07-20 | Certificate of counsel (attesting to record), (Letter Form), Joint with 37479 | Her Majesty the Queen |
| 2017-07-20 | Certificate (on limitations to public access), (Letter Form), 23B; Joint with 37479 | Her Majesty the Queen |
| 2017-07-20 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2017-07-20 | Respondent's book of authorities, (Book Form), Joint with 37479, Completed on: 2017-07-20 | Her Majesty the Queen |
| 2017-07-20 | Respondent's record, (Book Form), (3 volumes), Joint with 37479; 2 redacted copies filed 2017/07/20, Completed on: 2017-07-20 | Her Majesty the Queen |
| 2017-07-20 | Respondent's factum, (Book Form), Completed on: 2017-07-20 | Her Majesty the Queen |
| 2017-05-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2017-05-12 | Certificate (on limitations to public access), (Letter Form), 23B | Marie-Eve Magoon |
| 2017-05-12 | Certificate (on limitations to public access), (Letter Form), 23A | Marie-Eve Magoon |
| 2017-05-12 | Application for leave to appeal, (Book Form), (2 volumes), 3 extra copies requested-rec'd 2017/09/05, Completed on: 2017-05-12 | Marie-Eve Magoon |
| 2017-05-01 | Correspondence received from, (Letter Form), Appellant, consent to extension of time requested. | Marie-Eve Magoon |
| 2017-04-26 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (new date set) | |
| 2017-04-12 | Order on motion to strike out, BY MR. JUSTICE GASCON | |
| 2017-04-12 |
Decision on motion to strike out, Ga, UPON REFERRAL FOR DIRECTION BY THE REGISTRAR following an application by the respondent in file no. 37416 for an order striking part of the Amended Notice of Appeal filed by the appellant on January 24, 2017 and an application by the appellant in file no. 37479 for an order extending the time to serve and file his Notice of Appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion for an order to extend the time to serve and file the Notice of Appeal in file no. 37479 is granted; 2) These appeals are to be scheduled to be heard together; 3) The motion to strike in file no. 37416 is referred to the panel of the Court hearing the appeals and shall be argued at the commencement of the hearing; 4) The appellants shall have 30 days from the date of this order to file any application for leave to appeal, should they wish to do so; and 5) All applications and motions filed in these appeals after the date of this order shall be referred to the panel of the Court hearing the appeals, unless otherwise ordered. Referred, no order as to costs |
|
| 2017-04-12 | Submission of motion to strike out, Ga | |
| 2017-03-20 | Certificate (on limitations to public access), (Letter Form), Form 23B for the record, (Electronic version filed on 2017-03-20) | Marie-Eve Magoon |
| 2017-03-20 | Certificate (on limitations to public access), (Letter Form), Form 23B for the factum, (Electronic version filed on 2017-03-20) | Marie-Eve Magoon |
| 2017-03-20 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Electronic version filed on 2017-03-20) | Marie-Eve Magoon |
| 2017-03-20 | Appellant's record, (Book Form), (4 volumes), Completed on: 2017-03-20, (Electronic version filed on 2017-03-20) | Marie-Eve Magoon |
| 2017-03-20 | Appellant's factum, (Book Form), (2 redeacted copies filed on 2017-03-20), Completed on: 2017-03-20, (Electronic version filed on 2017-03-20) | Marie-Eve Magoon |
| 2017-03-20 | Reply to motion to strike out, (Book Form), (13 additional copies rec'd 2017/06/13), Completed on: 2017-03-20, (Electronic version filed on 2017-03-20) | Her Majesty the Queen |
| 2017-03-13 | Response to motion to strike out, (13 additional copies rec'd 2017/06/13), Completed on: 2017-03-13 | Marie-Eve Magoon |
| 2017-03-03 | Certificate (on limitations to public access), (Letter Form), Certificate 23B for the Motion to strike., (Electronic version filed on 2017-03-03) | Her Majesty the Queen |
| 2017-03-03 | Certificate (on limitations to public access), (Letter Form), Certificate 23A, (Electronic version filed on 2017-03-03) | Her Majesty the Queen |
| 2017-03-03 | Motion to strike out, (Book Form), (13 additional copies rec'd 2017/06/13), Completed on: 2017-03-03, (Electronic version filed on 2017-03-03) | Her Majesty the Queen |
| 2017-01-26 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2017-01-24 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2017/01/24 | |
| 2017-01-23 | Certificate (on limitations to public access), (Letter Form), 23B | Marie-Eve Magoon |
| 2017-01-23 | Certificate (on limitations to public access), (Letter Form), 23A | Marie-Eve Magoon |
| 2017-01-23 | Notice of appeal, (Letter Form), (Amended copy filed on January 25, 2017), Completed on: 2017-01-23 | Marie-Eve Magoon |
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 |
|---|---|---|
| Magoon, Marie-Eve | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Magoon, Marie-Eve
Counsel
630-6th Avenue SW
Suite 600
Calgary, Alberta
T2P 0S8
Telephone: (403) 237-0025
FAX: (403) 237-0566
Email: mb@ruttanbates.com
Agent
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
Andrew Barg
3rd Floor, Centrium Place
300 - 332 6 Avenue, S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: christine.rideout@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
Summary
Keywords
Criminal law - Appeals - Jurisdiction - Murder - Elements of offence - Constructive first degree murder - Confinement - Evidence - Admissibility - Whether the Court of Appeal had jurisdiction to hear the Crown appeal seeking a conviction for first degree murder - Whether the Court of Appeal erred in entering a first degree murder conviction - Whether the trial judge erred in law in finding the appellant had the necessary intent for murder - Whether the Mr. Big confession evidence was admissible against the appellant.
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.
The appellant, Marie-Eve Magoon, and her common-law partner, Spencer Lee Jordan, were charged with first degree murder following the death of Mr. Jordan’s six-year-old daughter, Meika Jordan. Meika died in hospital on November 14, 2011 as a result of severe injuries suffered while in the custody of Ms. Magoon and Mr. Jordan, which included a laceration to her pancreas, a tear of the liver, a subdural hematoma and cerebral swelling resulting from at least five serious blows to the head, extensive bruising all over her body, matted and broken hair with clumps missing, and a significant burn on her hand. At trial, inculpatory evidence led by the Crown included statements made by Mr. Jordan and Ms. Magoon during a “Mr. Big” operation. The accused were found guilty of second degree murder. The Crown appealed, seeking first degree murder convictions. Both accused also appealed their convictions. The Court of Appeal dismissed the appeals by the accused and allowed the Crown’s appeal, entering verdicts of first degree murder for both accused.
Lower court rulings
Court of Queen’s Bench of Alberta
130741879Q1, 2015 ABQB 351
Appellant convicted of second degree murder
Court of Appeal of Alberta (Calgary)
1501-0154-A, 1501-0237-A, 2016 ABCA 412
Appellant's appeal dismissed; respondent's appeal allowed: verdict of first degree murder entered
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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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