Case information
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39556
Tyler Gordon Strathdee v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-11-18 | Appeal closed | |
| 2021-10-28 |
Transcript received, 39 pages require: paper copy (rec'd 2021-11-02) |
|
| 2021-10-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-10-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-10-15 |
Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1903-0190-A, 2020 ABCA 443, dated December 9, 2020, was heard on October 15, 2021, and the Court on that day delivered the following judgment orally: ROWE J. — Mr. Strathdee appeals as of right to this Court under s. 691(2)(b) of the Criminal Code, R.S.C. 1985, c. C-46, on the basis that the Alberta Court of Appeal overturned his acquittal for unlawful act manslaughter and entered a conviction. The trial judge, sitting as judge alone, had acquitted Mr. Strathdee after considering joint/co-principal liability and abetting under s. 21(1)(a) and 21(1)(c), respectively, of the Criminal Code (2019 ABQB 479). The charges against Mr. Strathdee stemmed from a group assault in which several victims sustained multiple injuries and one victim, Mr. Tong, sustained a single stab wound which caused his death. We agree with the Court of Appeal that there is no basis for the view that the stabbing of Mr. Tong was a distinct act outside the scope of the group attack. Having regard to the findings of fact in paras. 137 and 156-59 (CanLII) of the trial decision, and the statement of law set out by the Court of Appeal at paras. 61, 66 and 68 of its decision, this Court affirms the result of the Alberta Court of Appeal that Mr. Strathdee is guilty of unlawful act manslaughter. We also wish briefly to clarify a statement of law in R. v. Cabrera, 2019 ABCA 184, 95 Alta. L.R. (6th) 258, aff’d R. v. Shlah, 2019 SCC 56. Any implication from Cabrera that joint/co-principal liability is automatically eliminated if the evidence demonstrates application of force by only a single perpetrator is not accurate. Joint/co-principal liability flows whenever two or more individuals come together with an intention to commit an offence, are present during the commission of the offence, and contribute to its commission. In the context of manslaughter, triers of fact should focus on whether an accused’s actions were a significant contributing cause of death, rather than focusing on which perpetrator inflicted which wound or whether all of the wounds were caused by a single individual. In the context of group assaults, absent a discrete or intervening event, the actions of all assailants can constitute a significant contributing cause to all injuries sustained. Properly read, the discussion of party liability in R. v. Pickton, 2010 SCC 32, [2010] 2 S.C.R. 198, is fully consistent with the foregoing. Accordingly, we would dismiss the appeal. Dismissed |
|
| 2021-10-15 |
Hearing of the appeal, 2021-10-15, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment rendered |
|
| 2021-10-12 | Correspondence received from, re: Appellant Condensed book contains one case R. v. G.F. 2021 SCC 20 which is not in the Record of the Appellant. | Tyler Gordon Strathdee |
| 2021-10-12 | Appellant's condensed book, (Book Form), (Printed version filed on 2021-10-12) | Tyler Gordon Strathdee |
| 2021-10-01 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-10-01) | Her Majesty the Queen |
| 2021-09-02 |
Notice of appearance, Julie Morgan will appear before the Court and will present oral argument. |
Her Majesty the Queen |
| 2021-09-02 |
Notice of appearance, Graham Johnson and Tania Shapka will appear before the Court. Graham Johnson will present oral argument. |
Tyler Gordon Strathdee |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 |
Appeal hearing scheduled, 2021-10-15 Judgment rendered |
|
| 2021-06-09 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-06-16) | Her Majesty the Queen |
| 2021-06-09 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-06-16) | Her Majesty the Queen |
| 2021-06-09 | Respondent's record, (Book Form), Completed on: 2021-06-30, (Printed version filed on 2021-06-09) | Her Majesty the Queen |
| 2021-06-09 | Respondent's factum, (Book Form), Completed on: 2021-06-30, (Printed version filed on 2021-06-09) | Her Majesty the Queen |
| 2021-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2021-04-21 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2021-04-28) | Tyler Gordon Strathdee |
| 2021-04-21 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-04-28) | Tyler Gordon Strathdee |
| 2021-04-21 | Appellant's book of authorities, (Book Form), Completed on: 2021-05-03, (Printed version filed on 2021-04-27) | Tyler Gordon Strathdee |
| 2021-04-21 | Appellant's record, (Book Form), (5 volumes), Completed on: 2021-05-03, (Printed version filed on 2021-04-27) | Tyler Gordon Strathdee |
| 2021-04-21 | Appellant's factum, (Book Form), Completed on: 2021-05-03, (Printed version filed on 2021-04-27) | Tyler Gordon Strathdee |
| 2021-03-18 | Order on motion to extend time, by Justice Karakatsanis | |
| 2021-03-18 |
Decision on motion to extend time, Ka, UPON APPLICATION by the appellant for an order extending the time to serve and file his notice of appeal as of right to February 24, 2021; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2021-03-18 | Submission of motion to extend time, Ka | |
| 2021-03-01 | Correspondence received from, (Letter Form), The Respondent does not oppose the motion for extension of time. , (Printed version due on 2021-03-08) | Her Majesty the Queen |
| 2021-02-26 | General proceeding, A FILE NUMBER HAS BEEN ASSIGNED AT THIS TIME FOR THE SOLE PURPOSE OF PREPARING AN ORDER RELATING TO THE MOTION FILED BY TYLER GORDON STRATHDEE. | Tyler Gordon Strathdee |
| 2021-02-24 | Motion to extend the time to serve and/or file the notice of appeal, (Book Form), Included in Notice of Appeal Record, Completed on: 2021-02-26 | Tyler Gordon Strathdee |
| 2021-02-24 | Certificate (on limitations to public access), Clarification required on form 23A - rec'd 2021-02-26 | Tyler Gordon Strathdee |
| 2021-02-24 | Notice of appeal, (Book Form), Clarification required in form 23A, Completed on: 2021-02-23, (Printed version filed on 2021-02-25) | Tyler Gordon Strathdee |
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 |
|---|---|---|
| Strathdee, Tyler Gordon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Strathdee, Tyler Gordon
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
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: julie.morgan@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 - Parties to offences - Joint participation - Whether the trial judge erred in her application of the law on joint principals in acquitting the appellant of manslaughter - Criminal Code, R.S.C. 1985, c. C-46, s. 21.
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 appellant was charged with second-degree murder, aggravated assault and breaking and entering with intent to commit an indictable offence. A group of at least five men, including the appellant, entered an apartment and began assaulting the occupants. Four occupants were stabbed, one of whom died of a single stab wound. The trial judge found that the members of the group, including the appellant, had a common purpose to assault the occupants of the apartment and to assist each other in that purpose, and she found the appellant guilty of three counts of aggravated assault as a party to those offences under s. 21(2) of the Criminal Code. Concerning the murder charge, the trial judge reasoned that an accused cannot be found liable as a joint principal under s. 21(1)(a) of the Code where the cause of death could have only been inflicted by one person. The trial judge acquitted the appellant of both second-degree murder and manslaughter, and also acquitted him of break and enter with intent.
The Crown appealed the manslaughter acquittal, and the appellant cross-appealed his convictions for aggravated assault. The Court of Appeal for Alberta found that the trial judge had erred in her application of the law on joint participation and allowed the Crown’s appeal, set aside the acquittal, and entered a conviction for manslaughter. The appellant’s cross-appeal was dismissed, and his convictions for aggravated assault were upheld.
Lower court rulings
Court of Appeal of Alberta (Edmonton)
1903-0190-A; 2020 ABCA 443
Appeal allowed, acquittal set aside, conviction for manslaughter entered.
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
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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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