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Case information

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38300

Her Majesty the Queen v. Justyn Kyle Napoleon Friesen

(Manitoba) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-06-17 Appeal closed
2020-04-02 Written reasons rendered after oral judgment, CJ Abe Mo Ka Côt Br Row Mar Kas
2020-02-11 Correspondence (sent by the Court) to, the parties. The Court will not hold a lock-up in this file.
2020-01-03 Correspondence received from, (Letter Form), Marie-France Major
Comments on possible lock-up. 		Justyn Kyle Napoleon Friesen
2019-12-23 Correspondence received from, (Letter Form), Joanne B. Dartana
Comments on possible lock-up. 		Attorney General of Alberta
2019-12-19 Correspondence received from, (Letter Form), Robert E. Houston
Comments on possible lock-up. 		Attorney General of British Columbia
2019-12-12 Correspondence received from, (Letter Form), Rekha Malaviya
Comments on possible lock-up. 		Her Majesty the Queen
2019-12-12 Correspondence received from, (Letter Form), Lisa Joyal
Comments on possible lock-up. 		Attorney General of Ontario
2019-12-12 Correspondence received from, (Letter Form), Daniel J. Song
Comments on possible lock-up. 		Criminal Trial Lawyers' Association
2019-12-12 Correspondence (sent by the Court) to, the parties seeking their comments on a possible lock-up.
2019-11-08 Media lock-up requested or proposed
2019-10-22 Transcript received, 135 pages
2019-10-17 Formal judgment sent to the registrar of the court of appeal and all parties
2019-10-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-10-16 Judgment reserved OR rendered with reasons to follow
2019-10-16 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR17-30-08797, 2018 MBCA 69, dated June 21, 2018, was heard on October 16, 2019, and the Court on that day delivered the following judgment orally:

THE CHIEF JUSTICE — The appeal is allowed. The sentence of the sentencing judge is restored. Reasons to follow.
Allowed
2019-10-16 Hearing of the appeal, 2019-10-16, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment rendered
2019-10-16 General proceeding, (Letter Form), Case Sentivity Questionnaire Justyn Kyle Napoleon Friesen
2019-10-16 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen
2019-10-16 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Alberta
2019-10-16 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Ontario
2019-10-16 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Justyn Kyle Napoleon Friesen
2019-10-16 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2019-10-15 Correspondence received from, (Letter Form), Change affecting appellants' record. Justyn Kyle Napoleon Friesen
2019-10-15 Correspondence received from, (Letter Form), 1 reserved seat requested.
 Attorney General of Ontario
2019-10-08 Correspondence received from, (Letter Form), Dane Bullerwell
No concerns if hearing is webcast live. 		Legal Aid Society of Alberta
2019-10-08 Correspondence received from, (Letter Form), Daniel J. Song
No concerns if hearing is webcast live.
 Criminal Trial Lawyers' Association
2019-10-07 Correspondence received from, (Letter Form), Lisa Joyal
No concerns if hearing is webcast live. 		Attorney General of Ontario
2019-10-07 Correspondence received from, (Letter Form), Marie-France Major
No concerns if hearing is webcast live. 		Justyn Kyle Napoleon Friesen
2019-10-07 Correspondence received from, (Letter Form), John Caldwell.
No concerns if hearing is webcast live.
 Attorney General of British Columbia
2019-10-02 Notice of appearance, (Letter Form), Gerri Wiebe and Ryan McElhoes will appear before the court, and will both present oral arguments. Justyn Kyle Napoleon Friesen
2019-10-02 Correspondence received from, (Letter Form), Joanne Dartana.
No concerns if hearing is webcast live. 		Attorney General of Alberta
2019-10-02 Correspondence received from, (Letter Form), Rekha Malaviya.
No concerns if hearing is webcast live. 		Her Majesty the Queen
2019-09-30 Notice of appearance, (Letter Form), Daniel J. Song will appear before the court, and will present oral arguments. Criminal Trial Lawyers' Association
2019-09-30 Notice of appearance, (Letter Form), Joanne B. Dartana will appear before the court, will present oral arguments. Attorney General of Alberta
2019-09-30 Notice of appearance, (Letter Form), John R.W. Caldwell will appear before the court, and will present oral arguments.
 Attorney General of British Columbia
2019-09-30 Notice of appearance, (Letter Form), Lisa Joyal will appear before the court, and will present oral arguments.
 Attorney General of Ontario
2019-09-26 Notice of appearance, (Letter Form), Rekha Malaviya and Renée Lagimodière will appear before the court, and they will both present oral arguments. Her Majesty the Queen
2019-09-19 Notice of appearance, (Letter Form), Dane Bullerwell will appear before the court, and will present oral arguments. Legal Aid Society of Alberta
2019-09-18 Appeal perfected for hearing
2019-08-27 Reply factum on appeal, (Book Form), Incomplete Justyn Kyle Napoleon Friesen
2019-08-19 Correspondence received from, (Letter Form), Advising the Court of a recent decision. Criminal Trial Lawyers' Association
2019-08-13 Intervener's book of authorities, (Book Form), Completed on: 2019-08-13 Criminal Trial Lawyers' Association
2019-08-13 Intervener's factum, (Book Form), Completed on: 2019-08-13 Criminal Trial Lawyers' Association
2019-08-13 Intervener's book of authorities, (Book Form), Completed on: 2019-08-13 Legal Aid Society of Alberta
2019-08-13 Intervener's factum, (Book Form), Completed on: 2019-08-13 Legal Aid Society of Alberta
2019-08-13 Intervener's book of authorities, (Book Form), Completed on: 2019-08-13 Attorney General of British Columbia
2019-08-13 Intervener's factum, (Book Form), Completed on: 2019-08-13 Attorney General of British Columbia
2019-08-12 Intervener's book of authorities, (Book Form), Completed on: 2019-08-12 Attorney General of Ontario
2019-08-12 Intervener's factum, (Book Form), Completed on: 2019-08-12 Attorney General of Ontario
2019-08-08 Intervener's factum, (Book Form), Completed on: 2019-08-08 Attorney General of Alberta
2019-08-07 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-10-16
Judgment rendered
2019-07-08 Certificate (on limitations to public access), (Letter Form), 23B Justyn Kyle Napoleon Friesen
2019-07-08 Respondent's factum, (Book Form), Completed on: 2019-07-10 Justyn Kyle Napoleon Friesen
2019-07-02 Order on motion for leave to intervene, by ABELLA J.
2019-07-02 Decision on the motion for leave to intervene, Abe,
UPON APPLICATION by the Attorney General of Ontario, the Attorney General of British Columbia, the Attorney General of Alberta, the Criminal Trial Lawyers’ Association and the Legal Aid Society of Alberta 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 five (5) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before August 13, 2019.
The said five (5) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondent is granted permission to serve and file a single factum not exceeding five (5) pages in length in reply to these interventions on or before August 27, 2019.
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
2019-07-02 Submission of motion for leave to intervene, Abe
2019-06-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-17 Justyn Kyle Napoleon Friesen
2019-06-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-13 Her Majesty the Queen
2019-06-10 Motion for leave to intervene, (Book Form), Completed on: 2019-06-10 Attorney General of British Columbia
2019-06-10 Motion for leave to intervene, (Book Form), Completed on: 2019-06-10 Attorney General of Alberta
2019-06-10 Notice of name, (Letter Form) Legal Aid Society of Alberta
2019-06-10 Motion for leave to intervene, (Book Form), MISSING: filing fee-rec'd 2019/06/11, Completed on: 2019-06-11 Legal Aid Society of Alberta
2019-06-10 Notice of name, (Letter Form) Criminal Trial Lawyers' Association
2019-06-10 Motion for leave to intervene, (Letter Form), Completed on: 2019-06-10 Criminal Trial Lawyers' Association
2019-06-07 Motion for leave to intervene, (Book Form), Completed on: 2019-06-07 Attorney General of Ontario
2019-05-13 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2019-05-13 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-05-13 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-05-13 Appellant's book of authorities, (Book Form), Completed on: 2019-05-13 Her Majesty the Queen
2019-05-13 Appellant's record, (Book Form), Completed on: 2019-05-13 Her Majesty the Queen
2019-05-13 Appellant's factum, (Book Form), Completed on: 2019-05-13 Her Majesty the Queen
2019-03-18 Notice of appeal, (Letter Form), Completed on: 2019-03-18 Her Majesty the Queen
2019-03-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-02-15 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-02-15 Judgment on leave sent to the parties
2019-02-14 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR17-30-08797, 2018 MBCA 69, dated June 21, 2018, is granted.
Granted
2019-02-14 Decision on motion to extend time, See judgment on application for leave to appeal.
Granted
2019-01-14 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-01-14 Submission of motion to extend time, for consideration by the Court
2018-12-17 Certificate (on limitations to public access), Form 23B Her Majesty the Queen
2018-12-17 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-12-17 Her Majesty the Queen
2018-12-07 Motion to extend time, (Included in the respondent's response on the application for leave to appeal), Completed on: 2018-12-07 Justyn Kyle Napoleon Friesen
2018-12-07 Certificate (on limitations to public access), (Letter Form), Form 23B Justyn Kyle Napoleon Friesen
2018-12-07 Certificate (on limitations to public access), (Letter Form), Form 23A Justyn Kyle Napoleon Friesen
2018-12-07 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-12-07 Justyn Kyle Napoleon Friesen
2018-11-27 Correspondence received from, Respondent: Intention to file a response and motion to extend time. Justyn Kyle Napoleon Friesen
2018-09-26 Correspondence received from, (Letter Form), To inform the Court that the Manitoba Provincial Court does not complete a certificate/formal order. Disposition Sentencing Sheet dated March 9, 2017 provided. Her Majesty the Queen
2018-09-21 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 21/09/2018
2018-09-19 Certificate (on limitations to public access), (Letter Form), Form 23B Her Majesty the Queen
2018-09-19 Certificate (on limitations to public access), (Letter Form), Form 23A Her Majesty the Queen
2018-09-19 Application for leave to appeal, (Book Form), MISSING: Trial Court Order (no Trial Court Order, Disposition Sentencing Sheet dated March 9, 2017 received on 26/09/2018), Completed on: 2018-09-27 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Friesen, Justyn Kyle Napoleon Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Alberta Intervener Active
Criminal Trial Lawyers' Association Intervener Active
Legal Aid Society of Alberta Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Rekha Malaviya
Renée Lagimodière
Manitoba Justice
Prosecution Service
510-405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: Rekha.Malaviya@gov.mb.ca
Agent
D.Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Friesen, Justyn Kyle Napoleon

Counsel
Ryan McElhoes
Gerri Wiebe
Bueti Wasyliw Wiebe
200 - 400 St. Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 989-0037
FAX: (204) 989-0100
Email: Ryan@bwwlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Attorney General of Ontario

Counsel
Lisa Joyal
Attorney General of Ontario
Crown Law Office - Criminal Division
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: lisa.joyal@ontario.ca
Agent
Karen Perron
Borden Ladner Gervais LLP
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com

Party: Criminal Trial Lawyers' Association

Counsel
Daniel J. Song
Pringle, Chivers, Sparks, Teskey
1720 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: djsong@pringlelaw.ca
Agent
Moira Dillon
Supreme Law Group
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Party: Legal Aid Society of Alberta

Counsel
Dane F. Bullerwell
Legal Aid Society of Alberta
400 Revillon Building
10320 102 Avenue
Edmonton, Alberta
T5J 4A1
Telephone: (780) 638-6588
FAX: (780) 415-2618
Email: dbullerwell@legalaid.ab.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Attorney General of Alberta

Counsel
Joanne Dartana, Q.C.
Justice and Solicitor General
Alberta Department of Justice
9833-109 Street N.W., 3rd Floor,
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: joanne.dartana@gov.ab.ca
Agent
D.Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Attorney General of British Columbia

Counsel
John R.W. Caldwell
Attorney General of British Columbia
Criminal Appeals and Special Prosecutions
865 Hornby Street, 6th Floor
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Email: john.caldwell@gov.bc.ca
Agent
Robert E. Houston, Q.C.
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com

Summary

Keywords

Criminal law - Sentencing - Are sentencing ranges for sexual offences against children still consistent with Parliamentary and judicial recognition of the severity of these crimes - Whether the Court of Appeal erred by interfering with the decision of the sentencing judge.

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 respondent, Mr. Friesen, met the mother through an online dating website. The mother brought Mr. Friesen to her home. On the date of the offence, the mother’s children were sleeping and were being cared for by the mother’s friend in the mother’s house. Mr. Friesen asked the mother to bring the child into the bedroom. The mother’s friend was awoken by the child’s screams, entered the bedroom and took the child out of the bedroom. Mr. Friesen demanded that the mother retrieve the child and threatened her if she did not comply with his demand. Mr. Friesen entered guilty pleas to sexual interference and attempted extortion. The sentencing judge imposed a sentence of six years’ incarceration concurrent on both charges. The Court of Appeal granted leave to appeal sentence. The Court of Appeal allowed the appeal and reduced the sentence from six to four and one-half years’ incarceration for the sexual interference conviction and reduced the sentence from six years to 18 months incarceration concurrent for the attempted extortion conviction.

Lower court rulings

March 9, 2017
Provincial Court of Manitoba


Sentence imposed: six years’ incarceration concurrent for sexual interference and attempted extortion convictions
June 21, 2018
Court of Appeal of Manitoba

AR17-30-08797, 2018 MBCA 69

Leave to appeal sentence granted: appeal allowed; sentences reduced from six to four and one-half years’ incarceration for the sexual interference conviction and from six years to 18 months incarceration concurrent for the attempted extortion conviction

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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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.

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Date modified: 2025-02-27