Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39781
Matthew Winston Brown 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) |
|---|---|---|
| 2022-05-25 | Appeal closed | |
| 2022-05-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-05-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-05-13 |
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 (Calgary), Number 2001-0071A, 2021 ABCA 273, dated July 29, 2021, heard on November 9, 2021, is allowed. Section 33.1 of the Criminal Code, R.S.C. 1985, c. C-46, infringes ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms and the infringements are not justified under s. 1. Section 33.1 is declared unconstitutional and of no force or effect. The judgment of the Court of Appeal is set aside and the appellant’s acquittal on the count of unlawful break and enter of a dwelling house and committing aggravated assault therein is restored. Allowed |
|
| 2021-11-24 |
Transcript received, 108 pages require: hard copy (rec'd 2021-11-30) |
|
| 2021-11-09 | Judgment reserved OR rendered with reasons to follow | |
| 2021-11-09 |
Hearing of the appeal, 2021-11-09, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2021-11-05 |
Appellant's condensed book, (Book Form), A supplemental authority to condensed book rec'd on 2021-11-04 , (Printed version filed on 2021-11-05) |
Matthew Winston Brown |
| 2021-11-05 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-05) | Attorney General of Canada |
| 2021-11-05 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-05) | Her Majesty The Queen |
| 2021-11-05 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-05) | Attorney General of Saskatchewan |
| 2021-11-03 | Intervener's condensed book, (Book Form), (Printed version filed on 2021-11-05) | Attorney General of Ontario |
| 2021-11-03 | Correspondence (sent by the Court) to, Registration link and instructions for upcoming November Zoom hearing | |
| 2021-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Saskatchewan |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Saskatchewan |
| 2021-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Canada |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Canada |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of British Columbia |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Manitoba |
| 2021-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Criminal Lawyers' Association |
| 2021-10-26 | Intervener's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Criminal Lawyers' Association |
| 2021-10-26 | Intervener's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Women's Legal Education and Action Fund Inc. |
| 2021-10-26 | Intervener's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Women's Legal Education and Action Fund Inc. |
| 2021-10-26 | Intervener's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Canadian Civil Liberties Association |
| 2021-10-26 | Intervener's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Empowerment Council |
| 2021-10-26 | Intervener's factum - AG on constitutional question, (Book Form), Corrected factum rec'd 2021-10-26, Completed on: 2021-10-26, (Printed version filed on 2021-10-26) | Attorney General of Ontario |
| 2021-10-22 | Certificate (on limitations to public access) | Her Majesty The Queen |
| 2021-10-22 | Respondent's book of authorities, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-22) | Her Majesty The Queen |
| 2021-10-22 | Respondent's factum, (Book Form), Completed on: 2021-10-26, (Printed version filed on 2021-10-22) | Her Majesty The Queen |
| 2021-10-18 | Notice of appearance, (Letter Form), Michael H. Morris, Roy Lee and Rebecca Sewell will appear at the hearing. Michael H. Morris will present oral argument. , (Printed version due on 2021-10-25) | Attorney General of Canada |
| 2021-10-18 | Notice of appearance, (Letter Form), Noah Wernikowski will appear and present oral argument at the hearing., (Printed version due on 2021-10-25) | Attorney General of Saskatchewan |
| 2021-10-18 | Notice of appearance, (Letter Form), Deborah J. Alford will appear and present oral argument at the hearing., (Printed version due on 2021-10-25) | Her Majesty The Queen |
| 2021-10-18 | Notice of appearance, (Letter Form), Ami Kotler will appear and present oral argument at the hearing. , (Printed version due on 2021-10-25) | Attorney General of Manitoba |
| 2021-10-14 | Notice of appearance, (Letter Form), Lara Kinkartz and Megan Stephens will appear at the hearing. Lara Kinkartz will present oral argument. , (Printed version due on 2021-10-21) | Women's Legal Education and Action Fund Inc. |
| 2021-10-14 | Order on motion for leave to intervene, (by Justice Karakatsanis) (Sent to parties electronically) | |
| 2021-10-14 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Canadian Civil Liberties Association, the Criminal Lawyers’ Association, the Women’s Legal Education and Action Fund Inc. and the Empowerment Council for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions are granted and the said four (4) interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before October 26, 2021. The said four (4) interveners are 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 intervention. Granted |
|
| 2021-10-14 | Submission of motion for leave to intervene, (4 motions), Ka | |
| 2021-10-13 |
Notice of appearance, (Letter Form), Michael Perlin and Jeffrey Wyngaarden will appear at the hearing. Michael Perlin will present oral argument. Amended notice of appareance rec'd 2021-10-22, (Printed version due on 2021-10-20) |
Attorney General of Ontario |
| 2021-10-12 |
Notice of appearance, (Letter Form), Carter Martell, Anita Szigeti, Sarah Rankin and Maya Kotob will appear at the hearing. Carter Martell will present oral argument. , (Printed version due on 2021-10-19) |
Empowerment Council |
| 2021-10-12 | Notice of appearance, (Letter Form), Lindsay Daviau and Eric Neubauer will appear at the hearing. Lindsay Daviau will present oral argument., (Printed version due on 2021-10-19) | Criminal Lawyers' Association |
| 2021-10-12 |
Notice of appearance, (Letter Form), Anil K. Kapoor and Dana Achtemichuk will appear at the hearing ; Anil Kapoor will present oral argument. , (Printed version due on 2021-10-19) |
Canadian Civil Liberties Association |
| 2021-10-06 | Notice of appearance, (Letter Form), Lara Vizsolyi will appear and present oral argument at the hearing. , (Printed version due on 2021-10-14) | Attorney General of British Columbia |
| 2021-10-05 |
Notice of appearance, (Letter Form), Sean Fagan and Michelle Biddulph will appear and present oral argument at the hearing. rec'd amended notice of appearance 2021-10-12 , (Printed version due on 2021-10-13) |
Matthew Winston Brown |
| 2021-10-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-06 | Matthew Winston Brown |
| 2021-10-05 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-06 | Empowerment Council |
| 2021-10-04 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-10-05 | Her Majesty The Queen |
| 2021-10-01 | Notice of name | Women's Legal Education and Action Fund Inc. |
| 2021-10-01 |
Motion for leave to intervene, (Book Form), MISSING: Filing fee, Incomplete, (Printed version filed on 2021-10-01) |
Women's Legal Education and Action Fund Inc. |
| 2021-10-01 | Notice of name, (Letter Form), (Printed version filed on 2021-10-04) | Criminal Lawyers' Association |
| 2021-10-01 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-10-04) |
Criminal Lawyers' Association |
| 2021-10-01 | Notice of name, (Letter Form), (Printed version filed on 2021-10-01) | Canadian Civil Liberties Association |
| 2021-10-01 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-10-01) |
Canadian Civil Liberties Association |
| 2021-09-28 | Notice of name, (Printed version filed on 2021-09-29) | Empowerment Council |
| 2021-09-28 |
Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2021-09-29) |
Empowerment Council |
| 2021-09-28 | Order on motion to extend time, by Justice Karakatsanis (sent by email) | |
| 2021-09-28 |
Decision on motion to extend time, Ka, UPON APPLICATION by the Attorney General of Ontario for an order extending the time to serve and file the notice of intervention on a constitutional question to September 14, 2021; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2021-09-28 | Submission of motion to extend time, Ka | |
| 2021-09-22 | Supplemental document, (Book Form), Supplemental record - VD-2 Document Entitled “Memorandum of Argument of the Crown" in the Court of Queen’s Bench of Alberta, Completed on: 2021-09-27, (Printed version due on 2021-09-29) | Matthew Winston Brown |
| 2021-09-17 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-09-24) | Matthew Winston Brown |
| 2021-09-17 | Appellant's book of authorities, (Book Form), Completed on: 2021-09-27, (Printed version filed on 2021-09-17) | Matthew Winston Brown |
| 2021-09-17 |
Appellant's record, (Book Form), (5 volumes), Rec'd on 2021-09-22: - Supplemental record - Corrected table of contents - Vols. I-III, Completed on: 2021-09-27, (Printed version filed on 2021-09-17) |
Matthew Winston Brown |
| 2021-09-17 | Appellant's factum, (Book Form), Completed on: 2021-09-27, (Printed version filed on 2021-09-17) | Matthew Winston Brown |
| 2021-09-15 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-15 | Matthew Winston Brown |
| 2021-09-15 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-15 | Her Majesty The Queen |
| 2021-09-14 |
Motion to extend time, (Book Form), (to serve and file a notice of intent to intervene with respect to CQ) Missing: Filing Fee, Incomplete, (Electronic version filed on 2021-09-14) |
Attorney General of Ontario |
| 2021-09-14 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-15, (Printed version due on 2021-09-21) | Attorney General of Ontario |
| 2021-09-14 | Notice of hearing sent to parties, (sent by email) | |
| 2021-09-13 |
Appeal hearing scheduled, 2021-11-09, (see order 2021-09-13 for filing deadlines) Judgment reserved |
|
| 2021-09-13 | Order on motion to expedite the appeal, by Justice Moldaver (sent by email) | |
| 2021-09-13 |
Decision on motion to expedite the appeal, Mo, UPON APPLICATION by the appellant for an order to expedite the hearing of his appeal and to abridge the filing deadlines, pursuant to Rules 6 and 47 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted and the appeal will be heard on November 9, 2021. The appellant shall serve and file his factum, record and, if any, book of authorities on or before September 17, 2021. The respondent shall serve and file its factum, record and, if any, book of authorities on or before October 22, 2021. Any interveners wishing to intervene in this appeal shall serve and file their motion for intervention on or before October 1, 2021. Any responses to the interventions, if any, shall be served and filed on or before October 6, 2021. Any replies to the responses, if any, shall be served and filed on or before October 8, 2021. Any interveners granted permission to intervene, if any, shall serve and file their factum, record and book of authorities, if any, on or before October 26, 2021. Attorneys General intervening on a constitutional question shall serve and file their factum, record and book of authorities, if any, on or before October 26, 2021. Granted |
|
| 2021-09-13 | Submission of motion to expedite the appeal, Mo | |
| 2021-09-09 | Correspondence received from, Anil K. Kapoor, Re: intent of CCLA to intervene | Canadian Civil Liberties Association |
| 2021-09-07 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-08, (Printed version due on 2021-09-14) | Attorney General of Canada |
| 2021-09-07 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-08, (Printed version due on 2021-09-14) | Attorney General of British Columbia |
| 2021-09-07 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-08, (Printed version due on 2021-09-14) | Attorney General of Manitoba |
| 2021-09-07 | Notice of intervention respecting a constitutional question, Completed on: 2021-09-08, (Printed version filed on 2021-09-07) | Attorney General of Saskatchewan |
| 2021-09-01 | Correspondence received from, (Letter Form), filing of CA order and record of criminal trial, (Printed version filed on 2021-09-21) | Matthew Winston Brown |
| 2021-08-31 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2021-08-31 | |
| 2021-08-30 | Correspondence received from, (Letter Form), AGC position on motion to expedite | Attorney General of Canada |
| 2021-08-24 | Reply to motion to expedite the appeal, (Letter Form), Completed on: 2021-08-31, (Printed version due on 2021-08-31) | Matthew Winston Brown |
| 2021-08-20 | Response to motion to expedite the appeal, (Letter Form), Completed on: 2021-08-20, (Printed version due on 2021-08-27) | Her Majesty The Queen |
| 2021-08-10 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-17) | Matthew Winston Brown |
| 2021-08-10 | Correspondence received from, (Letter Form), This appeal raises an identical issue to the appeals in R. v. Sullivan et al. SCC File No. 39270, (Printed version due on 2021-08-17) | Matthew Winston Brown |
| 2021-08-10 | Motion to expedite the appeal, (Book Form), Completed on: 2021-08-31, (Printed version due on 2021-08-17) | Matthew Winston Brown |
| 2021-08-10 | Notice of constitutional question(s), (Book Form), Completed on: 2021-08-20, (Printed version due on 2021-08-17) | Matthew Winston Brown |
| 2021-08-10 |
Notice of appeal, (Book Form), require: - Final CA Order (rec'd 2021-09-01) - Record of criminal trial (rec'd 2021-09-01), Completed on: 2021-09-09, (Printed version filed on 2021-08-10) |
Matthew Winston Brown |
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 |
|---|---|---|
| Brown, Matthew Winston | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty The Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Empowerment Council | Intervener | Active |
| Criminal Lawyers' Association | Intervener | Active |
| Women's Legal Education and Action Fund Inc. | Intervener | Active |
Counsel
Party: Brown, Matthew Winston
Counsel
Sean Fagan
Michelle Biddulph
Michelle Biddulph
Evans & Fagan
The Manhattan Lofts
304 - 1117 1st Street SW
Alberta
T2R 0T9
Telephone: (403) 517-1777
FAX: (403) 517-1776
Email: seanfagan@seanfagan.ca
The Manhattan Lofts
304 - 1117 1st Street SW
Alberta
T2R 0T9
Telephone: (403) 517-1777
FAX: (403) 517-1776
Email: seanfagan@seanfagan.ca
Agent
Thomas Slade
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Her Majesty The Queen
Counsel
Deborah J. Alford
Attorney General of Alberta
Alberta Crown Prosecution Service, Appeals Branch
3rd Floor, 9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: deborah.alford@gov.ab.ca
Alberta Crown Prosecution Service, Appeals Branch
3rd Floor, 9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: deborah.alford@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
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 Canada
Counsel
Michael H. Morris
Roy Lee
Rebecca Sewell
Roy Lee
Rebecca Sewell
Attorney General of Canada
Ontario Regional Office
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 256-7539
FAX: (416) 952-4518
Email: michael.morris@justice.gc.ca
Ontario Regional Office
120 Adelaide Street West, Suite 400
Toronto, Ontario
M5H 1T1
Telephone: (647) 256-7539
FAX: (416) 952-4518
Email: michael.morris@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor, room 556
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor, room 556
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of Saskatchewan
Counsel
Noah Wernikowski
Ministry of Justice Saskatchewan
820-1874 Scarth Street
Constitutional Law Branch
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 786-0206
FAX: (306) 787-9111
Email: noah.wernikowski@gov.sk.ca
820-1874 Scarth Street
Constitutional Law Branch
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 786-0206
FAX: (306) 787-9111
Email: noah.wernikowski@gov.sk.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
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 Manitoba
Counsel
Ami Kotler
Rekha Malaviya
Rekha Malaviya
Attorney General of Manitoba
510, Criminal Prosecutions Division
405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: ami.kotler@gov.mb.ca
510, Criminal Prosecutions Division
405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: ami.kotler@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
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
Lara Vizsolyi
Attorney General of British Columbia
Criminal Appeals and Special Prosecutions
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5144
FAX: (250) 387-4262
Email: lara.vizsolyi@gov.bc.ca
Criminal Appeals and Special Prosecutions
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5144
FAX: (250) 387-4262
Email: lara.vizsolyi@gov.bc.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: Canadian Civil Liberties Association
Counsel
Anil K. Kapoor
Dana Achtemichuk
Dana Achtemichuk
Kapoor Barristers
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
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
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
Joan Barrett
Michael Perlin
Jeffrey Wyngaarden
Michael Perlin
Jeffrey Wyngaarden
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: Joan.Barrett@ontario.ca
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: Joan.Barrett@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
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: Empowerment Council
Counsel
Anita Szigeti
Maya Kotob
Carter Martell
Maya Kotob
Carter Martell
Anita Szigeti Advocates
400 University Avenue
Suite 2001
Toronto, Ontario
M5G 1S5
Telephone: (416) 504-6544
FAX: (416) 204-9562
Email: anita@asabarristers.com
400 University Avenue
Suite 2001
Toronto, Ontario
M5G 1S5
Telephone: (416) 504-6544
FAX: (416) 204-9562
Email: anita@asabarristers.com
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
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Criminal Lawyers' Association
Counsel
Lindsay Daviau
Eric Neubauer
Eric Neubauer
Rosen & Company Barristers
65 Queen Street West
Suite 600
Toronto, Ontario
M5H 2Y2
Telephone: (416) 205-9700
Email: LindsayDaviau@rosenlaw.ca
65 Queen Street West
Suite 600
Toronto, Ontario
M5H 2Y2
Telephone: (416) 205-9700
Email: LindsayDaviau@rosenlaw.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
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Women's Legal Education and Action Fund Inc.
Counsel
Megan Stephens
Lara Kinkartz
Lara Kinkartz
Megan Stephens Law
1900 - 439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 900-3319
FAX: (416) 900-6661
Email: megan@stephenslaw.ca
1900 - 439 University Avenue
Toronto, Ontario
M5G 1Y8
Telephone: (416) 900-3319
FAX: (416) 900-6661
Email: megan@stephenslaw.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
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Constitutional law - Charter of Rights and Freedoms - Defence of non-mental disorder automatism not available if accused’s state of automatism due to self-induced intoxication pursuant to s. 33.1 of Criminal Code, R.S.C. 1985, c. C-46 - Whether s. 33.1 infringes ss. 7 or 11(d) of the Charter - If so, whether the infringement justified under s. 1 of the Charter
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 attended a party where he consumed alcohol and magic mushrooms. While intoxicated, he broke into two homes. In the first, he beat the lone occupant with a hard object, causing her serious injuries. In the second, he caused damage to property. At trial, the appellant brought a constitutional challenge to s. 33.1 of the Criminal Code, R.S.C. 1985, c. C-46, which precluded him from availing himself of the defence of non-mental disorder automatism to the charge of breaking and entering with commission of an aggravated assault. The application judge held that s. 33.1 infringes both ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms, and declared s. 33.1 to be of no force or effect. The trial judge accepted expert evidence that the appellant was in a state of automatism at the time of the offences, and acquitted him of all charges. The Crown appealed, and the Court of Appeal for Alberta allowed the appeal, set aside the declaration of invalidity, set aside the acquittal on the charge of breaking and entering with commission of an aggravated assault, and entered a conviction on the lesser and included offence of aggravated assault.
Lower court rulings
October 3, 2019
Court of Queen’s Bench of Alberta
180055626Q1, 2019 ABQB 770
Court of Queen’s Bench of Alberta
180055626Q1, 2019 ABQB 770
See file
March 5, 2020
Court of Queen’s Bench of Alberta
180055626Q1, 2020 ABQB 166
Court of Queen’s Bench of Alberta
180055626Q1, 2020 ABQB 166
See file
July 29, 2021
Court of Appeal of Alberta (Calgary)
2001-0071A, 2021 ABCA 273
Court of Appeal of Alberta (Calgary)
2001-0071A, 2021 ABCA 273
Appeal allowed, declaration of invalidity of s. 33.1 of the Criminal Code set aside, acquittal set aside on count 1 and conviction for aggravated assault entered.
Memorandums of argument on application for leave to appeal
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Factums on appeal
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Date modified: 2025-02-27