Case information
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38269
Nelson Silva Demedeiros 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) |
|---|---|---|
| 2019-03-08 | Appeal closed | |
| 2019-02-22 | Transcript received, 30 pages | |
| 2019-02-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-02-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-02-14 | General proceeding, (Letter Form), Case Sensitivity Questionnaire | Her Majesty the Queen |
| 2019-02-14 | General proceeding, (Letter Form), Case Sensitivity Questionnaire | Nelson Silva Demedeiros |
| 2019-02-14 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2019-02-14 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Nelson Silva Demedeiros |
| 2019-02-14 |
Judgment on the appeal rendered, Mo Ga Br Row Mar, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1603-0214-A, 2018 ABCA 241, dated July 6, 2018, was heard on February 14, 2019, and the Court on that day delivered the following judgment orally: MOLDAVER J. — We would dismiss the appeal, substantially for the reasons of the majority of the Court of Appeal. Dismissed |
|
| 2019-02-14 |
Hearing of the appeal, 2019-02-14, Mo Ga Br Row Mar Judgment rendered |
|
| 2019-02-08 | Appellant's record, (Book Form), Supplemental Record, Completed on: 2019-02-08 | Nelson Silva Demedeiros |
| 2019-01-30 |
Notice of appearance, (Letter Form), Heather Ferg and Karen B. Molle will appear before the court. Heather Ferg will present oral arguments. |
Nelson Silva Demedeiros |
| 2019-01-29 |
Notice of appearance, (Letter Form), Troy Couillard will appear before the court and will present oral arguments. |
Her Majesty the Queen |
| 2019-01-09 | Appeal perfected for hearing | |
| 2018-12-12 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2018-12-12 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2018-12-12 | Respondent's factum, (Book Form), Completed on: 2018-12-12 | Her Majesty the Queen |
| 2018-12-07 | Notice of hearing sent to parties | |
| 2018-12-06 |
Appeal hearing scheduled, 2019-02-14 Judgment rendered |
|
| 2018-10-25 | Certificate of counsel (attesting to record), (Letter Form) | Nelson Silva Demedeiros |
| 2018-10-25 | Certificate (on limitations to public access), (Letter Form), 23B-Amended certificate required-rec'd 2018/11/22 | Nelson Silva Demedeiros |
| 2018-10-25 | Certificate (on limitations to public access), (Letter Form), 23A | Nelson Silva Demedeiros |
| 2018-10-25 | Appellant's book of authorities, (Book Form), Completed on: 2018-10-25 | Nelson Silva Demedeiros |
| 2018-10-25 | Appellant's record, (Book Form), 15 copies missing-rec'd 2018/10/25; Certificate 24A missing-rec'd 2018/10/25, Completed on: 2018-10-25 | Nelson Silva Demedeiros |
| 2018-10-25 | Appellant's factum, (Book Form), Completed on: 2018-10-25 | Nelson Silva Demedeiros |
| 2018-09-21 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2018-09-05 | Letter acknowledging receipt of a notice of appeal | |
| 2018-08-30 | Certificate (on limitations to public access), (Letter Form), 23B-amended certificate required-rec'd 2018/09/13 | Nelson Silva Demedeiros |
| 2018-08-30 | Certificate (on limitations to public access), (Letter Form), 23A; Amended certificate rec'd 2018/09/13 | Nelson Silva Demedeiros |
| 2018-08-30 | Notice of appeal, (Letter Form), Completed on: 2018-08-30 | Nelson Silva Demedeiros |
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 |
|---|---|---|
| Demedeiros, Nelson Silva | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Demedeiros, Nelson Silva
Counsel
Heather Ferg
Calgary, Alberta
T2N 2A1
Telephone: (403) 483-4858
FAX: (403) 262-1115
Email: karenmolle@gmail.com
Agent
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
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 - Unreasonable verdict - Whether the trial judge erred in law by finding the evidence relied upon was capable of supporting or confirming the complainant’s testimony - Whether the trial judge erred by rendering an unreasonable verdict.
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.
(PUBLICATION BAN IN CASE)
Nelson Silva Demedeiros, appellant, appealed his convictions for sexual assault with a weapon and unlawful confinement. He did not testify at trial, and the Crown’s case was largely dependent on the credibility and reliability of the complainant who was severely intoxicated through most of the events. It is alleged that when asked to leave the complainant’s apartment following several sexual acts on his part, Mr. Demedeiros refused. He then would not to let the complainant leave her apartment, threatened her with knives, put a knife to her throat and kissed her forcefully, pushed her onto the sofa and stabbed it and the wall with a knife. Fearing for her life, the complainant then jumped from her balcony. A majority of the Court of Appeal dismissed the appeal. Berger J.A., dissenting, would have allowed the appeal and either ordered a new trial on the basis of the material errors of law he identified in the trial judge’s judgment or substituted acquittals on the basis that the verdict was unreasonable. In his view, all of the complainant’s evidence was disjointed, confusing, and fraught with ambiguity and was not resurrected by independent and material supporting evidence establishing Mr. Demedeiros’ guilt, and as a result, appellate intervention was necessary.
Lower court rulings
Provincial Court of Alberta
151092285P1, 2016 ABPC 129
Appellant convicted of mischief, unlawful confinement, and sexual assault with a weapon
Court of Appeal of Alberta (Calgary)
1603-0214-A, 2018 ABCA 241
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.
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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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