Case information
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38286
Her Majesty the Queen v. R.V.
(Ontario) (Criminal) (By Leave)
(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) |
|---|---|---|
| 2019-08-16 | Appeal closed | |
| 2019-08-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-08-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-07-31 |
Judgment on the appeal rendered, CJ Abe Mo Ka Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C63495, 2018 ONCA 547, dated June 13, 2018, heard on March 20, 2019, is allowed and the respondent’s conviction is restored. Brown and Rowe JJ. dissent. Allowed |
|
| 2019-03-29 | Transcript received, 124 pages | |
| 2019-03-28 | Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book | Her Majesty the Queen |
| 2019-03-21 | Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book | R.V. |
| 2019-03-20 | Judgment reserved OR rendered with reasons to follow | |
| 2019-03-20 | General proceeding, (Letter Form), Publication Ban Questionnaire | R.V. |
| 2019-03-20 | General proceeding, (Letter Form), Publication Ban Questionnaire | Her Majesty the Queen |
| 2019-03-20 | Respondent's condensed book, (Book Form), 14 copies (Submitted in Court); 23B required-rec'd 2019/03/21 | R.V. |
| 2019-03-20 | Appellant's condensed book, (Book Form), 14 copies (Submitted in Court); 23B required-rec'd 2019/03/28 | Her Majesty the Queen |
| 2019-03-20 |
Hearing of the appeal, 2019-03-20, CJ Abe Mo Ka Br Row Mar Judgment reserved |
|
| 2019-03-15 | Correspondence received from, (Letter Form), 2 reserved seats requested | Her Majesty the Queen |
| 2019-03-13 | Intervener's factum, (Book Form), Completed on: 2019-03-13 | Ending Violence Association of Canada |
| 2019-03-13 | Intervener's factum, (Book Form), Completed on: 2019-03-13 | Criminal Lawyers' Association of Ontario |
| 2019-03-08 | Appeal perfected for hearing | |
| 2019-03-06 | Notice of appearance, (Letter Form), Gregory Allen and Jorie Les will be present at the hearing. Mr. Allen will present oral arguments. | Ending Violence Association of Canada |
| 2019-03-05 | Notice of appearance, (Letter Form), Michael Dineen and Megan Savard will be present at the hearing. Mr. Dineen will present oral arguments. | R.V. |
| 2019-03-05 | Notice of appearance, (Letter Form), Marie Henein and Lauren Mills Taylor will be present at the hearing. Ms. Henein will present oral arguments. | Criminal Lawyers' Association of Ontario |
| 2019-03-05 | Notice of appearance, (Letter Form), Katie Doherty will be present at the hearing and will present oral arguments. | Her Majesty the Queen |
| 2019-03-04 | Certificate of counsel (attesting to record), (Letter Form) | R.V. |
| 2019-03-04 | Certificate (on limitations to public access), (Letter Form), 23B | R.V. |
| 2019-03-04 | Respondent's book of authorities, (Book Form), Completed on: 2019-03-04 | R.V. |
| 2019-03-04 | Respondent's record, (Book Form), Completed on: 2019-03-04 | R.V. |
| 2019-03-04 | Respondent's factum, (Book Form), Completed on: 2019-03-04 | R.V. |
| 2019-03-01 | Order on motion for leave to intervene, by ROWE J. | |
| 2019-03-01 |
Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Criminal Lawyers’ Association of Ontario and Ending Violence Association of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said two (2) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before March 13, 2019. The said two (2) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements resulting from their interventions. Granted |
|
| 2019-03-01 | Submission of motion for leave to intervene, Row | |
| 2019-02-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-02-21 | R.V. |
| 2019-02-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-02-21 | Her Majesty the Queen |
| 2019-02-19 | Notice of name, (Letter Form) | Criminal Lawyers' Association of Ontario |
| 2019-02-19 | Motion for leave to intervene, (Letter Form), Completed on: 2019-02-19 | Criminal Lawyers' Association of Ontario |
| 2019-02-18 | Notice of name, (Letter Form) | Ending Violence Association of Canada |
| 2019-02-18 | Motion for leave to intervene, (Letter Form), Completed on: 2019-02-18 | Ending Violence Association of Canada |
| 2019-02-11 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2019-02-11 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2019-02-11 | Appellant's record, (Book Form), (6 volumes), Completed on: 2019-02-11 | Her Majesty the Queen |
| 2019-02-11 | Appellant's book of authorities, (Book Form), Completed on: 2019-02-11 | Her Majesty the Queen |
| 2019-02-11 | Appellant's factum, (Book Form), Amended covers required-rec'd 2019/02/21, Completed on: 2019-02-11 | Her Majesty the Queen |
| 2019-01-30 | Correspondence (sent by the Court) to, the parties. Revised schedule for the filing and service of documents. | |
| 2019-01-21 | Notice of appeal, (Letter Form), Completed on: 2019-01-21 | Her Majesty the Queen |
| 2019-01-16 | Notice of hearing sent to parties | |
| 2019-01-15 |
Appeal hearing scheduled, 2019-03-20, The schedule for serving and filing the material is set as follows: The notice of appeal shall be served and filed on or before January 21, 2019. The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before February 11, 2019. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 19, 2019. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 21, 2019. Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 22, 2019. Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 13, 2019. The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before March 4, 2019. Judgment reserved |
|
| 2018-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-12-21 | Judgment on leave sent to the parties | |
| 2018-12-20 | Notice of change of solicitor, (Letter Form), Michael Dineen is now counsel for the respondent. | R.V. |
| 2018-12-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C63495, 2018 ONCA 547, dated June 13, 2018, is granted. The schedule for serving and filing materials will be set by the Registrar. The parties are required to provide written submissions in their factum addressing the impact of the publication ban on the release of the Court’s reasons in this matter. Granted |
|
| 2018-11-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-10-15 | Certificate (on limitations to public access), (Letter Form), 23B-Reply | Her Majesty the Queen |
| 2018-10-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-10-15 | Her Majesty the Queen |
| 2018-10-05 | Certificate (on limitations to public access), (Letter Form), 23B-Amended certificate rec'd 2019/01/11 | R.V. |
| 2018-10-05 | Certificate (on limitations to public access), (Letter Form), 23A | R.V. |
| 2018-10-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-10-05 | R.V. |
| 2018-09-18 | Notice of application for leave to appeal, (Letter Form), Amended notice of application rec'd 2018/10/10, Completed on: 2018-09-18 | Her Majesty the Queen |
| 2018-09-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/09/14 | |
| 2018-09-12 | Certificate (on limitations to public access), (Letter Form), 23B; Amended certificate required-rec'd 2018/09/18 | Her Majesty the Queen |
| 2018-09-12 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2018-09-12 | Application for leave to appeal, (Book Form), Amended notice required-rec'd 2018/10/10, Completed on: 2018-09-18 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| R.V. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Ending Violence Association of Canada | Intervener | Active |
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: katie.doherty@ontario.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: R.V.
Counsel
Megan Savard
101-171 John Street
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5059
FAX: (416) 352-7733
Email: mdineen@dawedineen.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Ending Violence Association of Canada
Counsel
Julia R. Wolfe
Jorie Les
1550-1185 West Georgia Street
Vancouver, British Columbia
V6E 4E6
Telephone: (604) 569-2652
FAX: (604) 628-3832
Email: greg@amlc.ca
Agent
200, Elgin Street
Suite 200
Ottawa, Ontario
K2P 1L5
Telephone: (613) 230-2300
FAX: (613) 702-0306
Email: tyler@bottenlaw.ca
Party: Criminal Lawyers' Association of Ontario
Counsel
Matthew Gourlay
Lauren Mills Taylor
235 King Street East
3rd Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mhenein@hhllp.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Summary
Keywords
Criminal law – Evidence – Admissibility – Complainant’s sexual activity – Whether s. 276 of the Criminal Code can be used as a discovery tool by which an applicant seeks to discover evidence of a complainant’s prior sexual history – Or, is s. 276 of the Criminal Code a rule of admissibility applicable to screen evidence proffered by an applicant – What must an applicant show to meet the criteria for admissibility set down in s. 276(2) of the Criminal Code.
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)
R.V. was charged with sexually assaulting and touching the complainant for a sexual purpose when she was under 16 years of age contrary to ss. 271 and 151 of the Criminal Code. The application judge dismissed R.V.’s s. 276 Code application. R.V. asked the trial judge to reconsider the application judge’s s. 276 application decision. The trial judge declined to do so and found that the application judge’s s. 276 ruling was binding on him. R.V. was convicted of sexual interference. The Court of Appeal’s held that both the application judge and the trial judge erred. In the Court of Appeal’s view, the only reasonable outcome in this case would be to allow the cross-examination that R.V. sought to conduct. The Court of Appeal allowed the appeal, set aside the conviction, and ordered a new trial.
Lower court rulings
Ontario Court of Justice
Conviction: sexual interference
Ontario Court of Justice
See file
Court of Appeal for Ontario
2018 ONCA 547, C63495
Appeal allowed, conviction set aside, new trial ordered
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
Not available