Case information
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38944
T.J.M. v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-02-22 | Appeal closed | |
| 2021-02-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-02-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-01-29 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Queen’s Bench of Alberta, Number 190794529U1, dated October 9, 2019, heard on November 9, 2020, is allowed Allowed |
|
| 2020-11-26 | Transcript received, 26 pages | |
| 2020-11-09 | Judgment reserved OR rendered with reasons to follow | |
| 2020-11-09 |
Hearing of the appeal, 2020-11-09, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment reserved |
|
| 2020-11-09 | General proceeding, (Letter Form), Case sensitivity Questionnaire | T.J.M. |
| 2020-11-09 | General proceeding, (Letter Form), Case Sensitivity Questionnaire | Her Majesty the Queen |
| 2020-11-05 |
Certificate (on limitations to public access), (Letter Form), 23B required: amended 23B (rec'd 2020/11/06) |
T.J.M. |
| 2020-11-05 |
Appellant's condensed book, (Book Form), RESTRICTED required: 23B (rec'd 2020/11/05), amended 23B (rec'd 2020/11/06) |
T.J.M. |
| 2020-10-20 | Notice of appearance, (Letter Form), Graham Johnson will appear before the Court on behalf of the Appellant (TJM). Graham Johnson will present oral argument at the hearing. | T.J.M. |
| 2020-10-20 | Notice of appearance, (Letter Form), Matthew W. Griener will appear before the Court on behalf of the Respondent (HMTQ). Matthew W. Griener will present oral argument at the hearing. | Her Majesty the Queen |
| 2020-09-02 | Notice of hearing sent to parties | |
| 2020-08-25 |
Appeal hearing scheduled, 2020-11-09, In order for the appeal to proceed on November 9, 2020, the filing schedule for outstanding material will be as follows: a) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before August 7, 2020. 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 July 20, 2020. c) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before July 27, 2020. d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before July 29, 2020. Judgment reserved |
|
| 2020-08-05 | Certificate (on limitations to public access), (Letter Form), 23B-Respondent's Factum | Her Majesty the Queen |
| 2020-08-05 | Respondent's factum, (Book Form), Completed on: 2020-08-05, (Printed version filed on 2020-10-09) | Her Majesty the Queen |
| 2020-07-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (by email to the parties on July 15, 2020) | |
| 2020-06-12 | Certificate (on limitations to public access), (Letter Form), 23B | T.J.M. |
| 2020-06-12 | Certificate of counsel (attesting to record), (Letter Form) | T.J.M. |
| 2020-06-12 |
Appellant's record, (Book Form), RESTRICTED Missing: Proof of Service (rec' 06/15/20), Completed on: 2020-06-15, (Printed version filed on 2020-10-08) |
T.J.M. |
| 2020-06-12 |
Appellant's factum, (Book Form), Missing: PART VI of the Factum (Case Sensitivity) (rec' 06/16/20) Proof of Service (rec' 06/15/20), Completed on: 2020-06-16, (Printed version filed on 2020-10-08) |
T.J.M. |
| 2020-04-17 | Correspondence received from, (Letter Form), Matthew Griener is now counsel for the respondent. | Her Majesty the Queen |
| 2020-04-17 | Certificate (on limitations to public access), (Letter Form), 23B | T.J.M. |
| 2020-04-17 | Notice of appeal, (Letter Form), Completed on: 2020-04-17 | T.J.M. |
| 2020-03-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-03-20 | Judgment on leave sent to the parties | |
| 2020-03-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Queen’s Bench of Alberta, Number 190794529U1, dated October 9, 2019, is granted. Granted |
|
| 2020-02-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-01-22 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2020-01-22 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2020-01-22 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2020-01-22 | Her Majesty the Queen |
| 2020-01-08 | Correspondence received from, (Letter Form), RE: Trial Court Order | T.J.M. |
| 2019-12-12 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 12/12/19 | |
| 2019-12-09 | Certificate (on limitations to public access), (Letter Form), 23B | T.J.M. |
| 2019-12-09 | Certificate (on limitations to public access), (Letter Form), 23A | T.J.M. |
| 2019-12-09 | Application for leave to appeal, (Book Form), RESTRICTION, Completed on: 2020-01-20 | T.J.M. |
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 |
|---|---|---|
| T.J.M. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: T.J.M.
Counsel
Suite 300
9924 106 Street
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: gjohnson@dsscrimlaw.com
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Her Majesty the Queen
Counsel
Appeals, Education & Prosecution Policy Branch
9833 - 109 Street, 3rd Floor, Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: matthew.griener@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 - Young persons - Judicial Interim Release - Application for bail to a judge of the Alberta Court of Queen’s Bench dismissed - Jurisdiction over bail - Whether the application judge erred in interpreting s. 13(2) of the Youth Criminal Justice Act, SC 2002, c. 1 to find he did not have jurisdiction to hear the judicial interim release application of a youth charged with murder, a s. 469 of the Criminal Code offence.
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)(COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
The appellant was charged with second degree murder contrary to section 235(1) of the Criminal Code arising from a shooting on Cold Lake First Nation. He was alleged to be part of a group which fired shots into a house, killing one person as part of a turf dispute involving the sale of drugs on the reserve. The appellant is a young person within the meaning of the Youth Criminal Justice Act, SC 2002, c. 1. The Crown gave notice to seek an adult sentence if the appellant is convicted. As such, the appellant was given an election as to mode of trial pursuant to sections 67(1)(d) and 67(1)(b) of the YCJA. The appellant elected to be tried by superior court judge alone with a preliminary inquiry. Counsel for the appellant appeared in the Court of Queen’s Bench of Alberta seeking judicial interim release pursuant to s. 33(8) of the YCJA. Renke J. held that he did not have jurisdiction to hear the appellant’s judicial interim release application, and dismissed the application.
Lower court rulings
Court of Queen’s Bench of Alberta
190794529U1
Ruling on bail application: application 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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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