Case information
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37461
Michael Shawn Bourgeois v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2017-10-27 | Transcript received, 43 pages | |
| 2017-10-19 | Appeal closed | |
| 2017-10-13 |
Judgment on the appeal rendered, Mo Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0136-A, 2017 ABCA 32, dated January 30, 2017, was heard on October 13, 2017, and the Court on that day delivered the following judgment orally: MOLDAVER J. — This appeal comes to us as of right from the Court of Appeal of Alberta. A majority of the court concluded that there was no basis for overturning the appellant’s conviction for sexual assault. Justice Berger, dissenting, held that the verdict was unreasonable pursuant to s. 686(1)(a)(i) of the Criminal Code, R.S.C. 1985, c. C-46. We are not persuaded that the trial judge reached his decision by an illogical or irrational reasoning process; nor are we persuaded that his verdict was unreasonable within the meaning of s. 686(1)(a)(i). As a result, we would dismiss the appeal. Dismissed |
|
| 2017-10-13 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2017-10-13 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Michael Shawn Bourgeois |
| 2017-10-13 | General proceeding, Questionnaire regarding publication ban | Her Majesty the Queen |
| 2017-10-13 | General proceeding, Questionnaire regarding publication ban | Michael Shawn Bourgeois |
| 2017-10-13 |
Hearing of the appeal, 2017-10-13, Mo Ga Côt Br Row Judgment rendered |
|
| 2017-10-12 | Correspondence received from, (Letter Form), Counsel for the Respondent, re: significant error in the footnoting of a number of excerpts of the Complainant's testimony shown in the the Respondent's Factum. | Her Majesty the Queen |
| 2017-10-06 | Notice of appearance, Michael Bates and Jennifer Ruttan will attend | Michael Shawn Bourgeois |
| 2017-09-25 | Notice of appearance, Brian R. Graff will be present | Her Majesty the Queen |
| 2017-08-21 |
Appeal hearing scheduled, 2017-10-13 Judgment rendered |
|
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-08-17 | Appeal perfected for hearing | |
| 2017-07-28 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2017-07-26 | Certificate (on limitations to public access), (Letter Form), 23B; amended certificate rec'd 2017/07/28 | Her Majesty the Queen |
| 2017-07-26 | Respondent's factum, (Book Form), Completed on: 2017-07-27 | Her Majesty the Queen |
| 2017-06-01 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-06-01) | Michael Shawn Bourgeois |
| 2017-05-31 | Certificate (on limitations to public access), (Letter Form), Form 23B for the appellant material., (Electronic version filed on 2017-05-31) | Michael Shawn Bourgeois |
| 2017-05-31 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Electronic version filed on 2017-05-31) | Michael Shawn Bourgeois |
| 2017-05-31 | Appellant's book of authorities, (Book Form), Completed on: 2017-05-31, (Electronic version filed on 2017-05-31) | Michael Shawn Bourgeois |
| 2017-05-31 | Appellant's record, (Book Form), (3 volumes), Certificate of counsel attesting to record missing (received 2017-06-01)., Completed on: 2017-06-01, (Electronic version filed on 2017-05-31) | Michael Shawn Bourgeois |
| 2017-05-31 | Appellant's factum, (Book Form), Completed on: 2017-05-31, (Electronic version filed on 2017-05-31) | Michael Shawn Bourgeois |
| 2017-03-09 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2017-03-08 | Order on motion to extend time, BY THE REGISTRAR | |
| 2017-03-08 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file his factum, record and book of authorities to June 23, 2017, pursuant to Rules 6 and 47 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; AND NOTING THAT the respondent consents to the motion; IT IS HEREBY ORDERED THAT: The motion is granted in part. The appellant shall serve and file his factum, record and book of authorities on or before May 31, 2017. Allowed in part |
|
| 2017-03-08 | Submission of motion to extend time, Reg | |
| 2017-03-01 | Letter acknowledging receipt of a notice of appeal | |
| 2017-02-28 | Response to motion to extend time, (Letter Form), Completed on: 2017-03-01, (Electronic version filed on 2017-02-28) | Her Majesty the Queen |
| 2017-02-28 | Certificate (on limitations to public access), (Letter Form), Certificate 23B for Notice of appeal as of right. (Amended version files on 2017-03-01), (Electronic version filed on 2017-02-28) | Michael Shawn Bourgeois |
| 2017-02-28 | Certificate (on limitations to public access), (Letter Form), (Amended version filed on 2017-03-01), (Electronic version filed on 2017-02-28) | Michael Shawn Bourgeois |
| 2017-02-28 | Motion to extend time, (Letter Form), To file and serve the appellant's factum. , Completed on: 2017-03-01, (Electronic version filed on 2017-02-28) | Michael Shawn Bourgeois |
| 2017-02-28 | Notice of appeal, (Letter Form), Proof of service missing (received on 2017-03-01)., Completed on: 2017-03-13, (Electronic version filed on 2017-02-28) | Michael Shawn Bourgeois |
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 |
|---|---|---|
| Bourgeois, Michael Shawn | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Bourgeois, Michael Shawn
Counsel
1210, 633 - 6th Avenue S.W.
Calgary, Alberta
T2P 2Y5
Telephone: (403) 237-0025
FAX: (403) 237-0566
Email: jr@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
3rd Floor, Centrium Place
Suite 300-332 6th Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: brian.graff@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
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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.
None.
Lower court rulings
Court of Queen’s Bench of Alberta
121535058 Q 1
Appellant convicted of sexual assault
Court of Appeal of Alberta (Calgary)
1501-0136-A, 2017 ABCA 32
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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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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