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.
40406
T.W.W v. His Majesty the King
(British Columbia) (Criminal) (As of Right)
(Publication ban in case) (Sealing order) (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) |
|---|---|---|
| 2024-06-25 | Appeal closed | |
| 2024-06-24 | Respondent's factum, (Book Form), Redacted, Completed on: 2024-06-24, (Printed version due on 2024-07-02) | His Majesty the King |
| 2024-06-10 |
Intervener's factum, (Book Form), Amended pursuant to the judgment on appeal Redacted version received on 24-June-2024, Completed on: 2024-06-10, (Printed version due on 2024-06-17) |
Attorney General of Alberta |
| 2024-05-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-05-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-05-24 |
Judgment on the appeal rendered, CJ Ka Côt Row Mar Kas Ja Ob Mor, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA47487, 2022 BCCA 312, dated September 16, 2022, heard on November 10, 2023, is dismissed. Côté and Moreau JJ. dissent. The motion filed by the respondent for, inter alia, orders that the appeal be heard in camera and that part of the Court’s file be sealed, is allowed in part. Any information about, or reference to, the nature of any sexual activity of the complainant which is at issue in this proceeding, other than that which forms the subject-matter of the charge, shall not be published, broadcast or transmitted. The parties shall, within 30 days, file versions of their factums for posting on the Court’s website in which any information about or reference to the nature of any sexual activity of the complainant at issue in this proceeding, other than that which forms the subject-matter of the charge, and any information that could identify the complainant, shall be redacted. Dismissed |
|
| 2023-11-21 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2023-11-28) | T.W.W |
| 2023-11-20 |
Transcript received, SEALED Appeal Hearing - 43 pages Motion - 19 pages |
|
| 2023-11-10 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2023-11-20) | His Majesty the King |
| 2023-11-10 | Judgment reserved OR rendered with reasons to follow | |
| 2023-11-10 |
Hearing of the appeal, 2023-11-10, CJ Ka Côt Row Mar Kas Ja Ob Mor Judgment reserved |
|
| 2023-11-08 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-11-08) | His Majesty the King |
| 2023-11-08 | Respondent's condensed book, (Book Form), SEALED, (Printed version filed on 2023-11-08) | His Majesty the King |
| 2023-11-08 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-11-08) | T.W.W |
| 2023-11-08 | Appellant's condensed book, (Book Form), (Printed version filed on 2023-11-08) | T.W.W |
| 2023-11-08 | Correspondence received from, (Letter Form), Court of Appeal document, (Printed version filed on 2023-11-08) | His Majesty the King |
| 2023-11-02 |
Correspondence received from, Letter advises that for a sealing order and an in camera appeal hearing, it may rely on or refer to excerpts from the following additional authorities. |
His Majesty the King |
| 2023-10-23 |
Notice of appearance, Jaskarmdeep J. Mangat and Lisa Jean Helps will appear before the Court in person and Jaskarmdeep J. Mangat will present oral argument & presenting oral argument on the respondent’s motion for a sealing order and in-camera appeal hearing. |
T.W.W |
| 2023-10-13 |
Notice of appearance, Lauren A. Chu Janet A.M. Dickie will appear before the Court, Lauren A. Chu will present oral argument. Janet A.M. Dickie will present oral argument on the respondent’s motion for a sealing order and in camera appeal hearing. |
His Majesty the King |
| 2023-10-13 | Notice of appearance, Joanne B. Dartana, KC will appear before the Court via Zoom and will present oral argument. | Attorney General of Alberta |
| 2023-10-13 |
Correspondence (sent by the Court) to, Letter of direction by the Registrar (sent by email) This is further to the order of the Chief Justice, in relation to the Respondent’s motion for a sealing order and in camera appeal hearing. I am writing to advise that the Chief Justice has issued directions as to the process to be followed in this motion. The motion will be heard orally, immediately prior to the hearing of the appeal. Media organizations will be given notice of the proceeding, and may be given an opportunity to participate. At the conclusion of the motion hearing, the Court will: a) Render its decision on the motion, in which case the appeal hearing will occur subject to such confidentiality provisions as the Court may order in its disposition of the motion; or b) Reserve its decision on the motion, in which case the appeal hearing will occur in camera pending disposition of the motion. |
|
| 2023-10-10 | Order on motion to seal, by the Chief Justice (sent by email) | |
| 2023-10-10 |
Decision on motion to seal, CJ, UPON APPLICATION by the respondent for a sealing order and in camera hearing in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is referred to the Court for decision under r. 51(2)(c). The motion for an order sealing those portions of the appeal documents that refer to the evidence and information described in paragraphs 10 and 11 of the Notice of Motion is granted on an interim basis, until such time as the Court decides the motion. The parties are directed to file factums that redact the evidence and information described in paragraph 10 and 11 of the Notice of Motion forthwith. The unredacted factums may be served on the intervener, the Attorney General of Alberta. Allowed in part |
|
| 2023-10-10 | Submission of motion to seal, CJ | |
| 2023-09-22 | Certificate (on limitations to public access), (Letter Form), 23B - Intervener Factum | Attorney General of Alberta |
| 2023-09-20 |
Intervener's factum, (Book Form), SEALED - Redacted copy filed, Completed on: 2023-09-22, (Printed version filed on 2023-09-20) |
Attorney General of Alberta |
| 2023-09-11 | Response to motion to seal, (Letter Form), Completed on: 2023-09-12 | Attorney General of Alberta |
| 2023-09-05 | Certificate (on limitations to public access) | T.W.W |
| 2023-09-05 | Response to motion to seal, (Book Form), Completed on: 2023-09-05 | T.W.W |
| 2023-08-25 | Certificate (on limitations to public access), 23A-B | His Majesty the King |
| 2023-08-25 |
Motion to seal, (Book Form), and for In Camera Hearing (SEALED) Redacted Version Filed on 2023-09-01 MISSING: FIling Fee, Incomplete |
His Majesty the King |
| 2023-08-25 |
Respondent's factum, (Book Form), SEALED - RESTRICTED - Sealed version rec'd 2023-08-25 - Redacted version (printed) rec'd 2023-09-05, Completed on: 2023-08-30, (Printed version filed on 2023-08-28) |
His Majesty the King |
| 2023-08-25 | Certificate (on limitations to public access), 23A-23B (Factum, Motion Record, authorities) | His Majesty the King |
| 2023-08-25 | Respondent's book of authorities, (Book Form), Completed on: 2023-08-30, (Printed version filed on 2023-08-28) | His Majesty the King |
| 2023-08-21 | Correspondence received from, Respondent intends to bring motion for sealing order re: Appellant's Factum (public version) | His Majesty the King |
| 2023-08-14 | Order on motion for leave to intervene, by JAMAL J. | |
| 2023-08-14 |
Decision on the motion for leave to intervene, Ja, UPON APPLICATION by the Attorney General of Alberta for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the one (1) intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before September 25, 2023. The intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellant is granted permission to serve and file a single factum in reply to the intervention not to exceed five (5) pages in length on or before October 3, 2023. The intervener is 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 intervener shall pay to the appellant and the respondent any additional disbursements resulting from its intervention. Granted |
|
| 2023-08-14 | Submission of motion for leave to intervene, Ja | |
| 2023-08-09 | Reply to the motion for leave to intervene, (Letter Form), Does not intend to file a reply., Completed on: 2023-08-14, (Printed version due on 2023-08-16) | Attorney General of Alberta |
| 2023-08-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-08-09, (Printed version due on 2023-08-15) | T.W.W |
| 2023-07-31 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-08-03, (Printed version due on 2023-08-08) | His Majesty the King |
| 2023-07-27 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 07/28/23), Completed on: 2023-08-01, (Printed version filed on 2023-07-27) | Attorney General of Alberta |
| 2023-07-11 |
Certificate (on limitations to public access), 23B - sealed factum 23B - redacted factum |
T.W.W |
| 2023-06-30 |
Appellant's factum, (Book Form), SEALED - Electronic and printed filed 2023-06-30 (corrected factum rec'd 2023-07-11) - Redacted copies (electronic & printed) rec'd 2023-07-11, Completed on: 2023-07-10, (Printed version filed on 2023-06-30) |
T.W.W |
| 2023-06-27 | Correspondence received from, Filing of record (sealed + DVD) | T.W.W |
| 2023-06-27 | Certificate (on limitations to public access), 23B-Record | T.W.W |
| 2023-06-27 | Certificate of counsel (attesting to record), 24A | T.W.W |
| 2023-06-27 | Appellant's record, (Book Form), Volume 2 - SEALED, Completed on: 2023-06-28, (Printed version filed on 2023-06-27) | T.W.W |
| 2023-06-27 | Notice of hearing sent to parties, via email. | |
| 2023-06-27 |
Appeal hearing scheduled, 2023-11-10 Judgment reserved |
|
| 2023-06-09 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2022-12-07 | Order on motion to extend time, by the Registrar (sent by email to all parties) | |
| 2022-12-07 |
Decision on motion to extend time, Reg, UPON APPLICATION by the respondent for an order extending the time to serve and file the appellant’s factum, record and book of authorities, if any, to June 30, 2023, and the respondent’s factum, record and book of authorities, if any, to August 25, 2023, in the above matter; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2022-12-07 | Submission of motion to extend time, Reg | |
| 2022-12-02 | Response to motion to extend time, (Letter Form), Completed on: 2022-12-06 | T.W.W |
| 2022-11-24 |
Motion to extend time, (Letter Form), to serve and file the appeal documents MISSING: Filing Fee, Incomplete, (Printed version filed on 2022-12-05) |
His Majesty the King |
| 2022-10-24 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-10-24 | |
| 2022-10-17 | Certificate (on limitations to public access), 23B - notice of appeal, (Printed version filed on 2022-10-17) | T.W.W |
| 2022-10-17 | Certificate (on limitations to public access), Amended 23A (filed 2022-11-09), (Printed version filed on 2022-10-17) | T.W.W |
| 2022-10-17 | Notice of appeal, (Book Form), Amended notice of appeal (rec'd 2022-10-21), Completed on: 2022-10-17, (Printed version filed on 2022-10-17) | T.W.W |
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.W.W | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: T.W.W
Counsel
Lisa Jean Helps
606-815 Hornby Street
Vancouver, British Columbia
V6Z 2E6
Telephone: (604) 879-0006
FAX: (604) 669-5558
Email: jas@helpslaw.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King
Counsel
Janet A.M. Dickie
B.C. Prosecution Service
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 653-8903
FAX: (604) 660-3433
Email: lauren.chu@gov.bc.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Attorney General of Alberta
Counsel
Alberta Crown Prosecution Services
3rd Floor, Bowker Bldg., 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: joanne.dartana@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 — Evidence — Admissibility — Complainant’s sexual activity — Whether trial judge erred in his pre-trial ruling under s. 276 of the Criminal Code by refusing to admit evidence of prior sexual activity on April 1, 2018, or the early morning hours of April 2, 2018.<br>
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) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The appellant was found guilty of sexual assault against his spouse. He appealed his conviction on the basis that the trial judge erred in his application of s. 276 of the Criminal Code by refusing to allow the appellant to adduce evidence of, and cross-examine the complainant on, sexual activity they engaged in prior to the alleged offence. The majority of the Court of Appeal for British Columbia dismissed the appeal. It found that the application to adduce evidence respecting the complainant’s sexual history was properly dismissed. In dissent, Frankel J.A. would have allowed the appeal, set aside the conviction, and ordered a new trial. The appellant should have been permitted to cross-examine the complainant on whether they had engaged in consensual sexual activity in the hours before the sexual assault she described.
Lower court rulings
Supreme Court of British Columbia
2021 BCSC 760, X081384
T.W.W. convicted of sexual assault.
Appeal against conviction 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