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.
38214
Darren Edward Fedyck v. Her Majesty the Queen
(Manitoba) (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) |
|---|---|---|
| 2019-02-19 | Appeal closed | |
| 2019-01-24 | Transcript received, 41 pages | |
| 2019-01-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-01-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-01-15 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Darren Edward Fedyck |
| 2019-01-15 |
Judgment on the appeal rendered, Abe Mo Ka Ga Côt, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR17-30-08930, 2018 MBCA 74, dated July 26, 2018, was heard on January 15, 2019, and the Court on that day delivered the following judgment orally: THE COURT — We agree with the reasons of the majority in the Court of Appeal. Accordingly the appeal is dismissed. Dismissed |
|
| 2019-01-15 |
Hearing of the appeal, 2019-01-15, Abe Mo Ka Ga Côt Judgment rendered |
|
| 2019-01-08 |
Notice of appearance, (Letter Form), Jennifer Mann and Sharyl Thomas will appear before the court. Jennifer Mann will present oral arguments. |
Her Majesty the Queen |
| 2018-12-20 | Notice of appearance, (Letter Form), Sarah Inness and Kristen Jones will be present at the hearing. Ms. Inness will present oral arguments. | Darren Edward Fedyck |
| 2018-12-06 | Notice of hearing sent to parties | |
| 2018-12-06 |
Appeal hearing scheduled, 2019-01-15, (PREVIOUSLY TENTATIVELY SCHEDULED FOR 2019-01-24) Judgment rendered |
|
| 2018-11-28 | Correspondence (sent by the Court) to, the parties. Tentatively scheduled for 2019-01-15. | |
| 2018-11-26 | Appeal perfected for hearing | |
| 2018-11-19 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2018-11-19 | Respondent's factum, (Book Form), Completed on: 2018-11-19 | Her Majesty the Queen |
| 2018-09-24 | Certificate of counsel (attesting to record), (Letter Form) | Darren Edward Fedyck |
| 2018-09-24 | Appellant's book of authorities, (Book Form), Completed on: 2018-09-24 | Darren Edward Fedyck |
| 2018-09-24 | Appellant's record, (Book Form), (2 volumes), Completed on: 2018-09-24 | Darren Edward Fedyck |
| 2018-09-24 | Appellant's factum, (Book Form), Completed on: 2018-09-24 | Darren Edward Fedyck |
| 2018-08-08 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2018-07-31 | Letter acknowledging receipt of a notice of appeal | |
| 2018-07-30 | Certificate (on limitations to public access), (Letter Form) | Darren Edward Fedyck |
| 2018-07-30 | Notice of appeal, CA Order rec'd 2018/08/09, Completed on: 2018-07-30 | Darren Edward Fedyck |
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 |
|---|---|---|
| Fedyck, Darren Edward | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Fedyck, Darren Edward
Counsel
780-444 St. Mary Avenue
Winnipeg, Manitoba
R3C 3T1
Telephone: (204) 953-3694
FAX: (204) 953-3699
Email: sinness@cgilaw.net
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
510-405 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2952
FAX: (204) 945-1260
Email: jennifer.mann@gov.mb.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 - Reasonable verdict - Theft under $5,000 - Whether the trial judge misapprehended certain evidence - Whether the appellant’s guilt was the only conclusion available on the evidence.
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, a firefighter, was convicted of theft under $5,000, for stealing money and jewellery from an elderly woman he and several other firefighters found deceased in her home. The appellant’s coworkers found his behaviour at the scene suspicious and found large amounts of cash and jewellery in the pocket of his fleece jacket which he had left rolled up in the fire truck after first attending to the deceased. When confronted, the appellant claimed the money was his and that it was to pay for some repairs to be done to his vehicle. He also claimed the jewellery was his and that he intended to sell it. The trial judge rejected the appellant’s argument that there was a reasonable alternative explanation for the appellant’s possession of cash and jewellery at the time and entered a conviction. A majority of the Court of Appeal dismissed the appeal. Beard J.A., dissenting, would have allowed the appeal and entered an acquittal. She found that the trial judge misapprehended certain evidence and erred in concluding that the appellant’s guilt was the only reasonable conclusion available on the totality of the evidence. In her view, the appellant’s alternative explanation that the money and jewellery were his was reasonably supported by the evidence.
Lower court rulings
Court of Appeal of Manitoba
AR17-30-08930, 2018 MBCA 74
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