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Case information

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38532

K.G.K. v. Her Majesty the Queen

(Manitoba) (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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2020-07-15 Appeal closed
2020-03-23 Formal judgment sent to the registrar of the court of appeal and all parties
2020-03-23 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-03-20 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 AR17-30-08881, 2019 MBCA 9, dated February 7, 2019, heard on September 25, 2019, is dismissed.
Dismissed
2019-10-21 Transcript received, 126 pages
2019-09-25 Judgment reserved OR rendered with reasons to follow
2019-09-25 Hearing of the appeal, 2019-09-25, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-09-25 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen
2019-09-25 General proceeding, (Letter Form), Case Sensitivity Questionnaire K.G.K.
2019-09-25 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2019-09-25 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) K.G.K.
2019-09-18 Appeal perfected for hearing
2019-09-10 Correspondence (sent by the Court) to, Intervener: Criminal Lawyers' Association
2019-09-09 Correspondence received from, (Letter Form), 4 reserved seats requested. K.G.K.
2019-09-06 Correspondence received from, (Letter Form), Request for additional counsel seats. Criminal Lawyers' Association of Ontario
2019-09-05 Correspondence received from, (Letter Form), 1 reserved seat requested. Criminal Lawyers' Association of Ontario
2019-09-05 Notice of appearance, (Letter Form), Jill R. Presser will appear before the court, and will present oral arguments. Criminal Lawyers' Association of Ontario
2019-09-05 Notice of appearance, (Letter Form), Joanne Stuart will appear before the court, and will present oral arguments. Attorney General of Ontario
2019-09-05 Notice of appearance, (Letter Form), John Walker will appear before the court, and will present oral arguments. Director of Public Prosecutions
2019-09-05 Notice of appearance, (Letter Form), Nicolas Abran will appear before the court, and will present oral arguments. Director of Criminal and Penal Prosecutions
2019-09-05 Notice of appearance, (Letter Form), Katherine L. Bueti and Amanda Sansregret will appear before the court. Both will present oral arguments. K.G.K.
2019-09-03 Notice of appearance, (Letter Form), Michael Conner, Renée Lagimodière and Charles Murray will appear before the court. Mr. Conner will present oral arguments. Her Majesty the Queen
2019-09-03 Correspondence received from, (Letter Form), 3 reserved seats requested. Her Majesty the Queen
2019-08-19 Certificate (on limitations to public access), (Letter Form), 23B - Reply Factum K.G.K.
2019-08-19 Reply factum on appeal, (Book Form), Completed on: 2019-08-19 K.G.K.
2019-08-16 Order on miscellaneous motion, by MARTIN J.
2019-08-16 Decision on miscellaneous motion, Mar,
UPON APPLICATION by the appellant for an order granting leave to serve and file a factum not exceeding five (5) pages in reply to the factum of the respondent;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
The appellant shall serve and file a reply factum not exceeding five (5) pages in length on or before August 23, 2019.
Granted
2019-08-16 Submission of miscellaneous motion, Mar
2019-08-08 Reply to miscellaneous motion, (Letter Form), Completed on: 2019-08-08 K.G.K.
2019-08-07 Notice of hearing sent to parties
2019-08-01 Response to miscellaneous motion, Completed on: 2019-08-01 Director of Public Prosecutions
2019-07-31 Response to miscellaneous motion, (Letter Form), Will not be filing a response., Completed on: 2019-07-31 Attorney General of Ontario
2019-07-30 Certificate (on limitations to public access), (Letter Form), Form 23B (Motion to file a reply factum) K.G.K.
2019-07-30 Response to miscellaneous motion, (Letter Form), Completed on: 2019-07-30 Her Majesty the Queen
2019-07-26 Notice of miscellaneous motion, (Book Form), to file and serve a reply factum., Completed on: 2019-07-26 K.G.K.
2019-07-25 Intervener's book of authorities, (Book Form), Completed on: 2019-07-25 Attorney General of Ontario
2019-07-25 Intervener's factum, (Book Form), Completed on: 2019-07-25 Attorney General of Ontario
2019-07-25 Intervener's book of authorities, (Book Form), Completed on: 2019-07-25 Criminal Lawyers' Association of Ontario
2019-07-25 Intervener's factum, (Book Form), Completed on: 2019-07-25 Criminal Lawyers' Association of Ontario
2019-07-23 Intervener's factum, (Book Form), Completed on: 2019-07-23 Director of Public Prosecutions
2019-07-19 Correspondence received from, (Letter Form), 1 reserved seats requested. Director of Public Prosecutions
2019-07-19 Notice of name, (Letter Form) Director of Criminal and Penal Prosecutions
2019-07-19 Intervener's factum, (Book Form), Completed on: 2019-07-19 Director of Criminal and Penal Prosecutions
2019-07-10 Correspondence (sent by the Court) to, all parties, re: questions and answers regarding hearing in Winnipeg
2019-06-19 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-06-19 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-06-19 Respondent's book of authorities, (Book Form), Completed on: 2019-06-19 Her Majesty the Queen
2019-06-19 Respondent's factum, (Book Form), Completed on: 2019-06-19 Her Majesty the Queen
2019-06-13 Order on motion for leave to intervene, by MOLDAVER J.
2019-06-13 Decision on the motion for leave to intervene, Mo,
UPON APPLICATION by the Director of Public Prosecutions, the Attorney General of Ontario, the Director of Criminal and Penal Prosecutions and the Criminal Lawyers’ Association of Ontario 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 four (4) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before July 25, 2019.
The said four (4) 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 the respondent any additional disbursements resulting from their interventions.
Granted
2019-06-13 Submission of motion for leave to intervene, Mo
2019-05-27 Correspondence received from, (Letter Form), Part VI of the factum - Rule 42(2)(f) K.G.K.
2019-05-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-05-23 K.G.K.
2019-05-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-05-23 Her Majesty the Queen
2019-05-22 Motion for leave to intervene, (Letter Form), Completed on: 2019-05-22 Director of Criminal and Penal Prosecutions
2019-05-21 Motion for leave to intervene, (Book Form), MISSING: filing fee (received on 2019-06-13), Completed on: 2019-06-13 Director of Public Prosecutions
2019-05-21 Notice of name, (Letter Form) Criminal Lawyers' Association of Ontario
2019-05-21 Motion for leave to intervene, (Book Form), Completed on: 2019-05-21 Criminal Lawyers' Association of Ontario
2019-05-16 Motion for leave to intervene, (Book Form), Completed on: 2019-05-16 Attorney General of Ontario
2019-05-13 Letter advising the parties of tentative hearing date and filing deadlines - Rule 95 - (Notice of appeal - As of right), (Notice pursuant to Rule 95 only)
2019-05-13 Appeal hearing scheduled, 2019-09-25, (WINNIPEG) *START AT 9:30AM (CDT)*

a) The appellant’s record, factum, and book of authorities shall be served and filed on or before April 24, 2019.

b) 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 May 22, 2019.

c) The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before June 3, 2019.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before June 10, 2019.

e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, within six weeks after the making of the order granting leave to intervene.

f) The respondent’s record, factum and book of authorities shall be served and filed on or before June 19, 2019.
Judgment reserved
2019-04-26 Correspondence (sent by the Court) to, all parties by email, re: hearing will proceed in Winnipeg on September 25, 2019 (Filing Timetable included with letter)
2019-04-25 Certificate of counsel (attesting to record), (Letter Form) K.G.K.
2019-04-24 Certificate (on limitations to public access), (Letter Form), 23B K.G.K.
2019-04-24 Appellant's record, (Book Form), (2 volumes), Certificate 24A missing-rec'd 2019/04/25, Completed on: 2019-04-25 K.G.K.
2019-04-24 Appellant's book of authorities, (Book Form), Completed on: 2019-04-24 K.G.K.
2019-04-24 Appellant's factum, (Book Form), Amended on May 9, 2019, Completed on: 2019-04-24 K.G.K.
2019-04-16 Correspondence received from, Amanda Sansregret by email, re: availability K.G.K.
2019-04-16 Correspondence received from, Kathy Bueti by email, re: comments regarding hearing in Winnipeg K.G.K.
2019-04-15 Correspondence received from, Michael Conner by email, re: comments regarding hearing in Winnipeg Her Majesty the Queen
2019-04-15 Correspondence received from, Kathy Bueti by email, re: availability K.G.K.
2019-04-12 Correspondence (sent by the Court) to, all parties by email, re: case has been identified as one that could be heard in Winnipeg; request comments on whether parties would be amenable to this
2019-03-04 Letter acknowledging receipt of a notice of appeal, FILE OPENED
2019-02-27 Certificate (on limitations to public access), (Letter Form), 23B - Amended certificate 23B required. (rec' 03/06/19) K.G.K.
2019-02-27 Certificate (on limitations to public access), (Letter Form), 23A - Amended certificate 23A required. (rec' 03/06/19) K.G.K.
2019-02-27 Notice of appeal, (Letter Form), Amended Notice of Appeal required. (rec' 03/06/19), Completed on: 2019-03-04 K.G.K.

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
K.G.K. Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Director of Public Prosecutions Intervener Active
Attorney General of Ontario Intervener Active
Director of Criminal and Penal Prosecutions Intervener Active
Criminal Lawyers' Association of Ontario Intervener Active

Counsel

Party: K.G.K.

Counsel
Katherine L. Bueti
Amanda Sansregret
Bueti Wasyliw Wiebe
200-400 St. Mary Avenue
Winnipeg, Manitoba
R3C 4K5
Telephone: (204) 989-0084
FAX: (204) 989-0100
Email: kathy@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: Her Majesty the Queen

Counsel
Renée Lagimodière
Michael Conner
Charles Murray
Manitoba Justice
405 Broadway
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: renee.lagimodiere2@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: Attorney General of Ontario

Counsel
Joanne K. Stuart
Attorney General of Ontario
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: joanne.stuart@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Criminal Lawyers' Association of Ontario

Counsel
Jill R. Presser
Colleen McKeown
Presser Barristers
116 Simcoe Street, Suite100
Toronto, Ontario
M5H 4E2
Telephone: (416) 586-0330
FAX: (416) 596-2597
Email: presser@presserlaw.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: Director of Public Prosecutions

Counsel
John Walker
Shelley Tkatch
Public Prosecution Service of Canada
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-5250
FAX: (604) 666-1599
Email: john.walker@ppsc-sppc.gc.ca
Agent
François Lacasse
Directeur des poursuites pénales du Canada
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca

Party: Director of Criminal and Penal Prosecutions

Counsel
Nicolas Abran
Justin Tremblay
Directeur des poursuites criminelles et pénales du Québec
2828, boulevard Laurier, Tour 1
Bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20934
FAX: (418) 644-3428
Email: nicolas.abran@dpcp.gouv.qc.ca
Agent
Emily K. Moreau
Directeur des poursuites criminelles et pénales du Québec
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.gouv.qc.ca

Summary

Keywords

Constitutional law - Charter of Rights - Right to be tried within a reasonable time - Whether judicial delay is part of the total delay calculation to be assessed in the context of the analytical framework of presumptive ceilings established in R. v. Jordan, 2016 SCC 27, [2016] 1 S.C.R. 631.

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)

After a trial by judge alone, the appellant was convicted of sexual interference and invitation to sexual touching in relation to complaints made by his step-daughter. A day before the verdict was delivered, he brought a motion to stay the proceedings on the basis of delay. Specifically, he argued that the time taken by the judge (around 9 months) to render his decision should be considered in the calculation of overall delay. The stay was refused on the basis that decision-making time does not fall under the Jordan framework. The motion judge held that, pursuant to R. v. Rahey, [1987] 1 S.C.R. 588, the appropriate test to determine whether a judge’s decision-making time breaches s. 11(b) of the Charter is whether, in the context of the case, the time taken is “shocking, inordinate and unconscionable”. In the circumstances, while the time was comparatively long, it did not meet that threshold. A majority of the Court of Appeal dismissed the appeal. Hamilton J.A., dissenting, would have allowed the appeal and stayed the proceedings.

Lower court rulings

October 25, 2016
Court of Queen’s Bench of Manitoba


Appellant convicted of sexual interference and invitation to sexual touching
February 7, 2019
Court of Appeal of Manitoba

AR17-30-08881, 2019 MBCA 9

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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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