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.
38026
Kingsley Yianomah Quartey 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) |
|---|---|---|
| 2018-12-27 | Transcript received, 28 pages | |
| 2018-12-20 | Appeal closed | |
| 2018-12-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-12-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-12-14 | General proceeding, Questionnaire for publication ban | Kingsley Yianomah Quartey |
| 2018-12-14 |
Hearing of the appeal, 2018-12-14, Mo Ka Côt Br Mar Judgment rendered |
|
| 2018-12-14 |
Judgment on the appeal rendered, Mo Ka Côt Br Mar, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1603-0263-A, 2018 ABCA 12, dated January 18, 2018, was heard on December 14, 2018, and the Court on that day delivered the following judgment orally: BROWN J. — We agree substantially with the majority at the Court of Appeal, and would dismiss the appeal. The trial judge’s analysis of the evidence reveals his path of reasoning that led to conviction, and permits effective appellate review. Moreover, the trial judge did not err in his credibility analysis. He did not shift the burden of proof or hold the appellant’s evidence to a higher standard of scrutiny than that applied to the complainant’s evidence. As the majority at the Court of Appeal observed, the trial judge instructed himself on the principles of R. v. W. (D.), [1991] 1 S.C.R. 742, and, based on internal contradictions in the appellant’s testimony and on the strength of the complainant’s testimony, he was entitled to conclude that the Crown had met its burden of proving the appellant’s guilt beyond a reasonable doubt. Nor did the trial judge err by applying generalizations and stereotypes in rejecting the appellant’s evidence. We agree with the majority at the Court of Appeal that the trial judge’s statements in this regard were directed to the appellant’s own evidence and to the believability of the appellant’s claims about how he responded to the specific circumstances of this case, and not to some stereotypical understanding of how men in those circumstances would conduct themselves. Dismissed |
|
| 2018-12-14 | Appellant's condensed book, (Book Form), 14 copies submitted in courtroom | Kingsley Yianomah Quartey |
| 2018-12-03 | Notice of appearance, Kathryn Quinlan will be appearing and will present the oral arguments. | Kingsley Yianomah Quartey |
| 2018-11-28 | Notice of appearance, Troy L. Couillard will be appearing and will present the oral arguments. | Her Majesty the Queen |
| 2018-08-29 | Notice of hearing sent to parties | |
| 2018-08-20 |
Appeal hearing scheduled, 2018-12-14, (previously tentatively scheduled for November 16, 2018 and October 19, 2018) The hearing is now tentatively scheduled for DECEMBER 14, 2018. Judgment rendered |
|
| 2018-06-26 | Appeal perfected for hearing | |
| 2018-06-25 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), Further to the request of counsel for the appellant, The hearing of this appeal will be tentatively set for December 14, 2018. | |
| 2018-06-22 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2018-06-22 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2018-06-22 | Respondent's factum, (Book Form), Completed on: 2018-06-22 | Her Majesty the Queen |
| 2018-06-13 | Correspondence received from, (Letter Form), appellant, re: request to adjourn tentative hearing date to December 2018. | Kingsley Yianomah Quartey |
| 2018-05-22 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), The hearing of this appeal will be tentatively set for October 19, 2018. | |
| 2018-05-15 | Certificate (on limitations to public access), (Letter Form), 23B | Kingsley Yianomah Quartey |
| 2018-05-15 | Certificate (on limitations to public access), (Letter Form), 23A | Kingsley Yianomah Quartey |
| 2018-05-15 | Certificate of counsel (attesting to record), (Letter Form) | Kingsley Yianomah Quartey |
| 2018-05-15 | Appellant's record, (Book Form), Completed on: 2018-05-15 | Kingsley Yianomah Quartey |
| 2018-05-15 | Appellant's factum, (Book Form), Completed on: 2018-05-15 | Kingsley Yianomah Quartey |
| 2018-04-04 | Order on motion to extend time to serve and/or file notice of appeal, BY JUSTICE GASCON | |
| 2018-04-04 |
Decision on motion to extend time to serve and/or file notice of appeal, Ga, UPON APPLICATION by the appellant for an order extending the time to serve and file his notice of appeal; 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. Granted |
|
| 2018-04-04 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Ga | |
| 2018-03-28 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2018-03-27 | Letter acknowledging receipt of a notice of appeal | |
| 2018-03-21 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2018-03-21 | Her Majesty the Queen |
| 2018-03-20 | Certificate (on limitations to public access), (Letter Form), Form 23B (REVISED filed on 2018-04-04) | Kingsley Yianomah Quartey |
| 2018-03-20 | Certificate (on limitations to public access), (Letter Form), Form 23A | Kingsley Yianomah Quartey |
| 2018-03-20 | Motion to extend the time to serve and/or file the notice of appeal, (Included in the notice of appeal), Completed on: 2018-03-20 | Kingsley Yianomah Quartey |
| 2018-03-20 | Notice of appeal, (Book Form), Amended form 23B required (received 2018-04-04)., Completed on: 2018-04-12 | Kingsley Yianomah Quartey |
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 |
|---|---|---|
| Quartey, Kingsley Yianomah | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Quartey, Kingsley Yianomah
Counsel
9924 - 106 Street
Suite 300
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: kquinlan@dsscrimlaw.com
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
3rd Floor, 9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
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
Summary
Keywords
Criminal law - Sexual assault - Evidence - Credibility - Whether trial judge misconstrued his judicial function - Whether trial judge impermissibly relied on generalizations about how people behave or are expected to behave in his assessment of credibility.
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 convicted of sexual assault. He appealed his conviction, arguing that the trial judge erred in his credibility analysis, shifted the burden of proof to the appellant to prove his innocence, and applied impermissible stereotypes in rejecting the appellant’s evidence. A majority of the Court of Appeal dismissed his appeal. It was of the view that the trial judge did not apply stereotypes or shift the burden of proof, and that his credibility assessment could be reasonably supported by the record and should not be interfered with on appeal. Berger J.A., dissenting, would have allowed the appeal, quashed the conviction and ordered a new trial. In his opinion, the trial judge’s reasons revealed a reliance upon generalizations, which resulted in an infection of the reasoning process.
Lower court rulings
Court of Queen’s Bench of Alberta
080424443 Q1
Appellant convicted of sexual assault
Court of Appeal of Alberta (Edmonton)
1603-0263-A, 2018 ABCA 12
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
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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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