Case information
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39844
Jacob Charles Badger v. Her Majesty the Queen
(Saskatchewan) (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) |
|---|---|---|
| 2022-06-02 | Transcript received, 37 pages | |
| 2022-06-01 | Appeal closed | |
| 2022-05-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-05-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-05-16 |
Judgment on the appeal rendered, Mo Ka Côt Br Mar, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR3347, 2021 SKCA 118, dated September 1, 2021, was heard on May 16, 2022, and the Court on that day delivered the following judgment orally: MOLDAVER J. — A majority of the Court would dismiss the appeal, substantially for the reasons of the majority of the Saskatchewan Court of Appeal. Justices Karakatsanis and Martin would allow the appeal, substantially for the reasons of the dissenting judge of the Court of Appeal. Dismissed |
|
| 2022-05-16 |
Hearing of the appeal, 2022-05-16, Mo Ka Côt Br Mar Judgment rendered |
|
| 2022-05-11 | Respondent's condensed book, (Book Form), (Electronic version due on 2022-05-18) | Her Majesty the Queen |
| 2022-05-05 | Correspondence (sent by the Court) to, Information relating to upcoming hearing | |
| 2022-04-28 | Correspondence (sent by the Court) to, Letters of direction relating to upcoming hearing | |
| 2022-04-19 | Notice of appearance, (Letter Form), Thomas Hynes, Zachary Carter will appear at the hearing. Thomas Hynes will be presenting oral argument. , (Printed version due on 2022-04-26) | Jacob Charles Badger |
| 2022-04-13 | Notice of appearance, (Letter Form), Grace Hession David will appear / present oral argument at the hearing. , (Printed version due on 2022-04-22) | Her Majesty the Queen |
| 2022-03-21 | Respondent's factum, (Book Form), Completed on: 2022-04-07, (Printed version filed on 2022-03-21) | Her Majesty the Queen |
| 2022-02-04 | Notice of hearing sent to parties | |
| 2022-02-04 |
Appeal hearing scheduled, 2022-05-16 Judgment rendered |
|
| 2022-01-27 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-01-28) | Jacob Charles Badger |
| 2022-01-27 | Appellant's record, (Book Form), (2 volumes), Completed on: 2022-02-23, (Printed version filed on 2022-01-28) | Jacob Charles Badger |
| 2022-01-27 | Appellant's factum, (Book Form), Completed on: 2022-02-23, (Printed version filed on 2022-01-28) | Jacob Charles Badger |
| 2022-01-27 | Notice of change of counsel, (Letter Form), (Printed version filed on 2022-01-28) | Jacob Charles Badger |
| 2021-12-30 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2021-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-12-23 | Judgment on leave sent to the parties | |
| 2021-12-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR3347, 2021 SKCA 118, dated September 1, 2021, is dismissed. Dismissed |
|
| 2021-12-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-11-22 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-11-29) | Her Majesty the Queen |
| 2021-11-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-11-29, (Electronic version filed on 2021-11-22) | Her Majesty the Queen |
| 2021-11-18 | Correspondence received from, (Letter Form), Counsel for the applicant has advised that the provincial court in Saskatchewan does not provide orders. Warrant of committal upon conviction and certificate of conviction have been provided. , (Printed version due on 2021-11-25) | Jacob Charles Badger |
| 2021-11-17 | Order on motion to extend time, by Justice Martin (sent by email to parties on 2021-11-18) | |
| 2021-11-17 |
Decision on motion to extend time, Mar, UPON APPLICATION by the appellant, Jacob Charles Badger, for an order to hold in abeyance the filing deadline of his factum, record and book of authorities, if any, until a decision on the application for leave to appeal is rendered in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Should leave be granted, the appellant shall be permitted to serve and file a single factum, not exceeding forty (40) pages, addressing both the issue on the appeal as of right and the issue on the leave application, and the record and book of authorities, if any, within eight (8) weeks of the filing of the notice of appeal on the appeal by leave. Should leave be dismissed, the appellant shall be permitted to serve and file the factum, record and book of authorities, if any, within thirty (30) days of the date of the judgment on the application for leave to appeal. Granted |
|
| 2021-11-17 | Submission of motion to extend time, Mar | |
| 2021-11-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2021-11-03 | Response to motion to extend time, Completed on: 2021-11-15 | Her Majesty the Queen |
| 2021-11-02 |
Motion to extend time, (Book Form), to serve and file the factum , Completed on: 2021-12-03, (Printed version filed on 2021-11-04) |
Jacob Charles Badger |
| 2021-11-01 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-11-02) | Jacob Charles Badger |
| 2021-11-01 | Book of authorities, (Book Form), Completed on: 2021-11-12, (Printed version filed on 2021-11-02) | Jacob Charles Badger |
| 2021-11-01 | Application for leave to appeal, (Book Form), require: TC Orders (warrant of committal upon conviction rec'd 2021-11-18), Completed on: 2021-11-18, (Printed version filed on 2021-11-02) | Jacob Charles Badger |
| 2021-10-19 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2021-10-19 | |
| 2021-10-01 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-10-04) | Jacob Charles Badger |
| 2021-10-01 | Notice of appeal, (Book Form), Signed Trial Decisions (July 29, 2019; November 18, 2019) rec'd 2021-10-12, Completed on: 2021-10-01, (Printed version filed on 2021-10-04) | Jacob Charles Badger |
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 |
|---|---|---|
| Badger, Jacob Charles | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Badger, Jacob Charles
Counsel
Zachary Carter
311 – 21st Street E.
Saskatoon, Saskatchewan
S7K 0C1
Telephone: (306) 653-5656
FAX: (866) 869-2959
Email: thomas@pfefferlelaw.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
300-1874 Scarth Street
3rd Floor
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: grace.hessiondavid2@gov.sk.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 — Evidence — Assessment — Identification — Spontaneous utterance — Whether the trial judge erred in law in his assessment of the identification evidence
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.
Mr. Ray was shot after two masked men burst into his house. In the immediate aftermath of the shooting, he twice identified Mr. Jacob Charles Badger as the person who had shot him. However, at trial, Mr. Ray failed to identify his assailants. The statements he had made shortly after being shot were admitted into evidence as res gestae, on the basis of the spontaneous utterance exception to the hearsay rule. The trial judge found Mr. Badger guilty of aggravated assault.
A majority of the Court of Appeal for Saskatchewan dismissed Mr. Badger’s appeal, holding that the reasoning of the trial judge did not reveal any concerns that he ignored the inherent or situation specific frailties of the identification evidence that came in the form of the spontaneous utterances or failed to properly evaluate the reliability of the spontaneous utterances. In dissent, Kalmakoff J.A. was of the view that the trial judge did not subject the identification evidence to the careful scrutiny the law requires, an error that infected the verdict. He would have allowed the appeal, set aside the conviction and ordered a new trial.
Lower court rulings
Provincial Court of Saskatchewan
2019 SKPC 43, 991047398
Statements admissible pursuant to the res gestae exception
Provincial Court of Saskatchewan
2019 SKPC 65, 991047398
Conviction for aggravated assault entered
Court of Appeal for Saskatchewan
2021 SKCA 118, CACR3347
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
Not available
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