Case information
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37905
Jason Colling v. Her Majesty the Queen
(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) |
|---|---|---|
| 2018-06-01 | Appeal closed | |
| 2018-05-28 | Transcript received, 52 pages | |
| 2018-05-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-05-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-05-18 |
Judgment on the appeal rendered, Abe Mo Ga Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1601-0024-A, 2017 ABCA 286, dated December 13, 2017, was heard on May 18, 2018, and the Court on that day delivered the following judgment orally: ABELLA J. — The trial judge’s conduct in intervening in the manner in which he did, by stepping into the shoes of counsel, raises serious concerns and ought not to be repeated. Overall, however, we are not persuaded that a miscarriage of justice has been shown. We are therefore of the view that a new trial is not warranted. The appeal is dismissed. Dismissed |
|
| 2018-05-18 |
Hearing of the appeal, 2018-05-18, Abe Mo Ga Br Row Judgment rendered |
|
| 2018-05-18 | Respondent's condensed book, (Book Form), (14 copies) Submitted in court room. | Her Majesty the Queen |
| 2018-05-18 | Appellant's condensed book, (Book Form), (14 copies) Submitted in court room. | Jason Colling |
| 2018-05-07 | Notice of appearance, (Letter Form), Iwona Kuklicz will be appearing and will present oral argument. | Her Majesty the Queen |
| 2018-05-07 |
Notice of appearance, (Letter Form), Micheal Bates and Nicole Rodych will be appearing. Mr. Bates will present oral argument. |
Jason Colling |
| 2018-05-04 | Appeal perfected for hearing | |
| 2018-04-25 | Certificate (on limitations to public access), (Letter Form), Form 23B - Not applicable | Her Majesty the Queen |
| 2018-04-25 | Certificate (on limitations to public access), (Letter Form), From 23A - Amended version rc'd on 2018/04/26 | Her Majesty the Queen |
| 2018-04-25 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2018-04-25 | Respondent's record, (Book Form), Amended copy rc'd onm 2018/04/26, Completed on: 2018-04-25 | Her Majesty the Queen |
| 2018-04-25 | Respondent's factum, (Book Form), Completed on: 2018-04-25 | Her Majesty the Queen |
| 2018-03-12 | Notice of hearing sent to parties | |
| 2018-03-12 |
Appeal hearing scheduled, 2018-05-18, EARLY 9:00AM START Judgment rendered |
|
| 2018-03-01 | Certificate of counsel (attesting to record), (Letter Form) | Jason Colling |
| 2018-03-01 | Appellant's record, (Book Form), Completed on: 2018-03-01 | Jason Colling |
| 2018-03-01 | Appellant's factum, (Book Form), Completed on: 2018-03-01 | Jason Colling |
| 2018-01-18 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2018-01-11 | Certificate (on limitations to public access) | Jason Colling |
| 2018-01-11 | Notice of appeal, Completed on: 2018-01-11 | Jason Colling |
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 |
|---|---|---|
| Colling, Jason | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Colling, Jason
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
3rd Floor, Centrium Place
300, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: iwona.kuklicz@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 - Trial - Defences - Whether intervention of trial judge during cross-examination of complainant rendered trial unfair - Whether interventions of trial judge caused appearance of trial fairness to be so lacking that result is miscarriage of justice - Whether dismissing defence of honest but mistaken belief in consent without hearing argument on issue resulted in unfair trial.
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 was charged with sexually assaulting the complainant in his apartment. The only issue at trial was whether the sexual intercourse between the appellant and the complainant was consensual. The trial judge convicted the appellant of sexual assault. The appellant appealed his conviction, arguing that the trial judge erred by improperly interfering with the cross-examination of the complainant on a central matter, by creating a reasonable apprehension of bias and an unfair trial due to his interventions, and by preventing closing argument on the defence of mistaken belief in consent. The majority in the Court of Appeal dismissed the appeal. Berger J.A., dissenting, would have allowed the appeal, quashed the conviction and ordered a new trial. He was of the view that the trial judge’s interventions and his failure to allow closing arguments on the defence of mistaken belief in consent resulted in an unfair trial.
Lower court rulings
Court of Queen’s Bench of Alberta
110569886Q1
Appellant convicted of sexual assault
Court of Appeal of Alberta (Calgary)
1601-0024-A, 2017 ABCA 286
Appeal dismissed
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
Not available
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