Case information
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40964
Dustin Kinamore v. His Majesty the King
(British Columbia) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-12-16 |
Transcript received, Paper copies received 2024-12-18 |
|
| 2024-12-05 | General proceeding, Sensitivy questionnaire | His Majesty the King |
| 2024-12-05 |
General proceeding, Sensitivity questionnaire |
Dustin Kinamore |
| 2024-12-05 | Judgment reserved OR rendered with reasons to follow | |
| 2024-12-05 |
Hearing of the appeal, 2024-12-05, CJ Ka Côt Row Mar Kas Ja Ob Mor Decision reserved |
|
| 2024-12-03 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-12-03) | Dustin Kinamore |
| 2024-12-03 | Appellant's condensed book, (Book Form), PUB-BAN, (Printed version filed on 2024-12-03) | Dustin Kinamore |
| 2024-12-02 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-12-03) | Attorney General of Manitoba |
| 2024-12-02 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-12-03) | Attorney General of Ontario |
| 2024-12-02 | Respondent's condensed book, (Book Form), (Printed version filed on 2024-12-03) | His Majesty the King |
| 2024-11-12 | Correspondence received from, Request for 2 seats at the appeal hearing | Dustin Kinamore |
| 2024-11-12 |
Notice of appearance, Matthew A. Nathanson and Rachel Wood will appear before the Court. Matthew A. Nathanson will present oral argument , (Printed version due on 2024-11-19) |
Dustin Kinamore |
| 2024-11-06 |
Notice of appearance, Mark C. Halfyard and Sara Little will appear before the Court remotely. Mark C. Halfyard will present oral argument. |
Criminal Lawyers’ Association (Ontario) |
| 2024-11-05 |
Notice of appearance, Molly Flanagan will appear before the Court remotely and will present oral argument. , (Printed version due on 2024-11-13) |
Attorney General of Ontario |
| 2024-11-05 |
Notice of appearance, Ashleigh Smith and Rekha Malaviya, KC will appear before the Court remotely. Ashleigh Smith will present oral argument. , (Printed version due on 2024-11-13) |
Attorney General of Manitoba |
| 2024-11-05 |
Notice of appearance, Crystal Tomusiak and Lara Vizsolyi will appear before the Court. Crystal Tomusiak and Lara Vizsolyi will present oral argument. , (Printed version due on 2024-11-13) |
His Majesty the King |
| 2024-11-05 |
Notice of appearance, Joanne Dartana, KC will appear before the Court remotely and will present oral argument. , (Printed version due on 2024-11-13) |
Attorney General of Alberta |
| 2024-11-05 |
Notice of appearance, Mona Duckett, KC will appear before the Court remotely and will present oral argument. , (Printed version due on 2024-11-13) |
Criminal Trial Lawyers’ Association |
| 2024-11-04 | Correspondence received from, Will not be filing a condensed book | Trial Lawyers Association of British Columbia |
| 2024-11-01 | Notice of appearance, Sarah Pringle and Daniel J. Song, K.C. will appear before the Court remotely. Sarah Pringle will present oral argument., (Printed version due on 2024-11-08) | Trial Lawyers Association of British Columbia |
| 2024-09-13 | Intervener's factum, (Book Form), Completed on: 2024-09-16, (Printed version filed on 2024-09-13) | Criminal Lawyers’ Association (Ontario) |
| 2024-08-30 | Intervener's book of authorities, (Book Form), Missing proof of service (rec'd 2024-09-03), Completed on: 2024-09-04, (Printed version filed on 2024-09-05) | Trial Lawyers Association of British Columbia |
| 2024-08-30 |
Intervener's factum, (Book Form), Missing proof of service (rec'd 2024-09-03) , Completed on: 2024-09-06, (Printed version filed on 2024-09-05) |
Trial Lawyers Association of British Columbia |
| 2024-08-30 |
Intervener's book of authorities, (Book Form), Missing proof of service (rec'd 2024-09-03) , Completed on: 2024-09-03, (Printed version filed on 2024-09-05) |
Attorney General of Ontario |
| 2024-08-30 |
Intervener's factum, (Book Form), Missing proof of service (rec'd 2024-09-03) , Completed on: 2024-09-03, (Printed version filed on 2024-09-05) |
Attorney General of Ontario |
| 2024-08-30 | Intervener's book of authorities, (Book Form), Completed on: 2024-08-30, (Printed version filed on 2024-08-30) | Attorney General of Alberta |
| 2024-08-30 | Intervener's factum, (Book Form), Missing signature (on electronic version, waiting for paper version for confirmation) (Signed on paper), Completed on: 2024-09-03, (Printed version filed on 2024-08-30) | Attorney General of Alberta |
| 2024-08-29 |
Intervener's factum, (Book Form), Missing back blue covers on hard copies (rec'd 2024-09-10) , Completed on: 2024-09-11, (Printed version filed on 2024-09-04) |
Criminal Trial Lawyers’ Association |
| 2024-08-29 | Intervener's book of authorities, (Book Form), Completed on: 2024-08-29, (Printed version filed on 2024-08-29) | Attorney General of Manitoba |
| 2024-08-28 | Intervener's factum, (Book Form), Completed on: 2024-08-29, (Printed version filed on 2024-08-29) | Attorney General of Manitoba |
| 2024-08-27 | Order on motion for leave to intervene, by JUSTICE ROWE | |
| 2024-08-27 |
Decision on the motion for leave to intervene, Row, FURTHER TO THE ORDER dated August 6, 2024 allowing Criminal Lawyers’ Association (Ontario) to resubmit their application for leave to intervene in the above appeal; AND THE NEW MATERIAL FILED having been read; IT IS HEREBY FURTHER ORDERED THAT: The motion for leave to intervene is granted and the intervener Criminal Lawyers’ Association (Ontario) shall be entitled to serve and file a factum, not to exceed ten (10) pages in length, and a book of authorities, if any, on or before September 13, 2024. The intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The filing deadline for the appellant to serve and file his reply to all interventions is extended to no later than September 20, 2024. 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 his intervention. Granted |
|
| 2024-08-27 | Submission of motion for leave to intervene, Row | |
| 2024-08-22 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-08-23, (Printed version due on 2024-08-29) | Dustin Kinamore |
| 2024-08-21 | Response to the motion for leave to intervene, Completed on: 2024-08-22 | His Majesty the King |
| 2024-08-21 | Motion for leave to intervene, (Book Form), Refiled as per 2024-08-06 order, Completed on: 2024-08-22, (Electronic version filed on 2024-08-22) | Criminal Lawyers’ Association (Ontario) |
| 2024-08-06 |
Decision on motion to extend time, see decision on motion for leave to intervene, Row Granted |
|
| 2024-08-06 | Submission of motion to extend time, Row | |
| 2024-08-06 | Order on motion for leave to intervene, By JUSTICE ROWE | |
| 2024-08-06 |
Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for an order extending the time to serve and file their motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension for time is granted. Leave to intervene is denied as the motion does not adequately explain what their submissions will add to submissions from other parties. Criminal Lawyers’ Association (Ontario) is allowed to resubmit their application with a more full explanation on or before August 21, 2024. Judgment accordingly |
|
| 2024-08-06 | Submission of motion for leave to intervene, Row | |
| 2024-07-25 | Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2024-07-30 | His Majesty the King |
| 2024-07-25 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-07-30, (Printed version due on 2024-08-01) | His Majesty the King |
| 2024-07-25 | Certificate of counsel (attesting to record), 24B | His Majesty the King |
| 2024-07-25 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2024-07-25 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2024-07-25 | Respondent's record, (Book Form), PUB BAN, Completed on: 2024-07-25, (Printed version filed on 2024-07-26) | His Majesty the King |
| 2024-07-25 | Respondent's factum, (Book Form), Completed on: 2024-07-26, (Printed version filed on 2024-07-26) | His Majesty the King |
| 2024-07-25 | Response to motion to extend time, Completed on: 2024-07-25 | Dustin Kinamore |
| 2024-07-22 | Notice of name | Criminal Lawyers’ Association (Ontario) |
| 2024-07-22 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), Completed on: 2024-07-24 | Criminal Lawyers’ Association (Ontario) |
| 2024-07-22 | Motion for leave to intervene, (Book Form), Completed on: 2024-07-24, (Printed version due on 2024-07-29) | Criminal Lawyers’ Association (Ontario) |
| 2024-07-19 | Order on motion for leave to intervene, By JUSTICE CÔTÉ | |
| 2024-07-19 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Attorney General of Alberta; the Attorney General of Manitoba; the Attorney General of Ontario; Criminal Trial Lawyers’ Association; Trial Lawyers Association of British Columbia and Raoul Wallenberg Centre for Human Rights 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 by Raoul Wallenberg Centre for Human Rights is dismissed because this motion is not compliant with the requirements of Rule 57(2)(b) of the Rules of the Supreme Court of Canada. The motions for leave to intervene by the Attorney General of Alberta; the Attorney General of Manitoba; the Attorney General of Ontario; Criminal Trial Lawyers’ Association; Trial Lawyers Association of British Columbia are granted and the five (5) interveners shall be entitled to each serve and file a single factum, not to exceed ten (10) pages in length, and a book of authorities, if any, on or before August 30, 2024. The five (5) interveners are granted permission to present oral arguments not exceeding five (5) minutes each at the hearing of the appeal. The appellants are granted permission to serve and file a single factum in reply to all interventions, not to exceed five (5) pages in length, on or before September 9, 2024 The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the appellants and the respondents. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions. Judgment accordingly |
|
| 2024-07-19 | Submission of motion for leave to intervene, Côt | |
| 2024-07-09 | Notice of hearing sent to parties | |
| 2024-07-09 |
Appeal hearing scheduled, 2024-12-05 Decision reserved |
|
| 2024-07-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-07-17 | Dustin Kinamore |
| 2024-06-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-07-04, (Printed version filed on 2024-07-04) | Attorney General of Ontario |
| 2024-06-27 | Intervener's book of authorities, (Book Form), Completed on: 2024-07-04, (Printed version due on 2024-07-05) | Trial Lawyers Association of British Columbia |
| 2024-06-27 | Motion for leave to intervene, (Book Form), Completed on: 2024-07-04, (Printed version filed on 2024-07-11) | Trial Lawyers Association of British Columbia |
| 2024-06-25 | Motion for leave to intervene, (Book Form), Completed on: 2024-07-04, (Printed version filed on 2024-07-03) | Attorney General of Manitoba |
| 2024-06-25 | Motion for leave to intervene, (Book Form), Completed on: 2024-07-04, (Printed version filed on 2024-07-03) | Attorney General of Alberta |
| 2024-06-25 | Notice of name | Raoul Wallenberg Centre for Human Rights |
| 2024-06-25 | Motion for leave to intervene, (Book Form), Completed on: 2024-07-04, (Printed version filed on 2024-07-03) | Raoul Wallenberg Centre for Human Rights |
| 2024-06-25 | Motion for leave to intervene, (Book Form), Completed on: 2024-07-04, (Printed version filed on 2024-07-23) | Criminal Trial Lawyers’ Association |
| 2024-06-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2024-06-04 | Order on motion to extend time, by CHANTAL CARBONNEAU | |
| 2024-06-04 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file his factum, record and book of authorities to May 31, 2024; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondent; IT IS HEREBY ORDERED THAT: The motion to extend the time to serve and file the appellant’s factum, record and book of authorities is granted. The respondent is authorized to serve and file its factum, record and book of authorities, on or before July 26, 2024. Granted |
|
| 2024-06-04 | Submission of motion to extend time, Reg | |
| 2024-05-31 | Certificate of counsel (attesting to record), 24A | Dustin Kinamore |
| 2024-05-31 | Certificate (on limitations to public access), 23B of the record | Dustin Kinamore |
| 2024-05-31 | Certificate (on limitations to public access), 23B of Factum | Dustin Kinamore |
| 2024-05-31 | Appellant's book of authorities, (Book Form), Completed on: 2024-05-31, (Printed version filed on 2024-06-18) | Dustin Kinamore |
| 2024-05-31 | Appellant's record, (Book Form), PUB-BAN, Completed on: 2024-05-31, (Printed version filed on 2024-06-18) | Dustin Kinamore |
| 2024-05-31 | Appellant's factum, (Book Form), Completed on: 2024-05-31, (Printed version filed on 2024-06-18) | Dustin Kinamore |
| 2024-05-08 | Response to motion to extend time, (Book Form), (Included in the motion to extend time), Completed on: 2024-06-04, (Printed version due on 2024-05-15) | His Majesty the King |
| 2024-05-08 | Certificate (on limitations to public access), 23B | Dustin Kinamore |
| 2024-05-08 | Motion to extend time, (Book Form), ., Completed on: 2024-05-15, (Printed version filed on 2024-05-09) | Dustin Kinamore |
| 2024-04-04 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-04-11) | Dustin Kinamore |
| 2024-03-15 | Notice of appeal, Missing form 23B (Received April 4, 2024), Completed on: 2024-04-04 | Dustin Kinamore |
| 2024-02-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-15 | Judgment on leave sent to the parties | |
| 2024-02-15 |
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 British Columbia (Vancouver), Number CA48346, 2023 BCCA 337, dated August 22, 2023, is granted. Granted |
|
| 2024-01-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-07 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-12-13, (Printed version filed on 2023-12-07) | Dustin Kinamore |
| 2023-12-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-12-14) | Dustin Kinamore |
| 2023-11-27 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2023-11-27 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-11-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-12-01, (Printed version filed on 2023-11-27) | His Majesty the King |
| 2023-10-26 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-10-26 | |
| 2023-10-23 | Certificate (on limitations to public access), (Letter Form), 23A & 23B, (Printed version filed on 2023-10-23) | Dustin Kinamore |
| 2023-10-23 | Application for leave to appeal, (Book Form), Completed on: 2023-10-23, (Printed version filed on 2023-10-23) | Dustin Kinamore |
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 |
|---|---|---|
| Kinamore, Dustin | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Trial Lawyers’ Association | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Trial Lawyers Association of British Columbia | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Criminal Lawyers’ Association (Ontario) | Intervener | Active |
Counsel
Party: Kinamore, Dustin
Counsel
Matthew A. Nathanson
Rachel M. Wood
Rachel M. Wood
MN Law
355 Burrard Street, Suite 1000
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 608-6185
FAX: (604) 677-5560
Email: matthew@mnlaw.ca
355 Burrard Street, Suite 1000
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 608-6185
FAX: (604) 677-5560
Email: matthew@mnlaw.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King
Counsel
Crystal Tomusiak
Lara Vizsolyi
Lara Vizsolyi
Ministry of Justice
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: crystal.tomusiak@gov.bc.ca
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: crystal.tomusiak@gov.bc.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Criminal Trial Lawyers’ Association
Counsel
Mona Duckett, KC
Dawson Duckett Garcia & Johnson
Suite 300, 9924 106 Street
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: mduckett@dsscrimlaw.com
Suite 300, 9924 106 Street
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: mduckett@dsscrimlaw.com
Party: Attorney General of Alberta
Counsel
Joanne Dartana, K.C.
Alberta Justice and Solicitor General
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
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
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
Rekha Malaviya, K.C.
Ashleigh Smith
Ashleigh Smith
Manitoba Prosecution Service
405 Broadway, 5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6120
FAX: (204) 945-1260
Email: rekha.malaviya@gov.mb.ca
405 Broadway, 5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6120
FAX: (204) 945-1260
Email: rekha.malaviya@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: Trial Lawyers Association of British Columbia
Counsel
Daniel J. Song, K.C.
Sarah Pringle
Sarah Pringle
Pringle Law
1111 Melville Street
#1200
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: djsong@pringlelaw.ca
1111 Melville Street
#1200
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: djsong@pringlelaw.ca
Party: Attorney General of Ontario
Counsel
Molly Flanagan
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8547
FAX: (416) 326-4656
Email: molly.flanagan@ontario.ca
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8547
FAX: (416) 326-4656
Email: molly.flanagan@ontario.ca
Party: Criminal Lawyers’ Association (Ontario)
Counsel
Mark C. Halfyard
Sara Little
Sara Little
Daniel Brown Law LLP
103 Church Street, Suite 400
Toronto, Ontario
M5C 2G3
Telephone: (416) 297-7200 Ext: 102
Email: halfyard@danielbrownlaw.ca
103 Church Street, Suite 400
Toronto, Ontario
M5C 2G3
Telephone: (416) 297-7200 Ext: 102
Email: halfyard@danielbrownlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law — Evidence — Admissibility — Complainant’s sexual activity — Text messages — Accused charged with sexual assault — Whether prior text messages between accused and complainant were of a sexual nature — If so, whether voir dire was required to determine admissibility of any evidence of prior communications of a sexual nature that was led by Crown counsel — Whether application under s. 276 of Criminal Code was required to determine admissibility of any evidence of prior communications of a sexual nature that was led by defence counsel — Whether complainant’s prior text messages were relevant to whether she consented to sexual activity?
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)
Mr. Kinamore, when he was 22-years old, and the complainant, when she was 16-years old, met at a motorcycle shop and they exchanged messages for a few months. They met for dinner and a movie at Mr. Kinmore’s apartment. Afterwards, Mr. Kinamore was charged with sexual assault. Both the complainant and Mr. Kinamore testified at trial. The complainant described a sexual assault. Mr. Kinamore described a consensual sexual encounter. Both the Crown and the defence tendered evidence of prior messages between the complainant and Mr. Kinamore. In many text messages, the complainant repeatedly stated that she did not intend to have a sexual relationship with Mr. Kinamore. However, the defence led evidence of communications of a sexual nature and some prior communications entered into evidence by Crown counsel contain content that was sexual in nature or that the defence argued was sexual in nature. No voir dire was held to determine the admissibility of any evidence led by Crown counsel and no application was made pursuant to s. 276 of the Criminal Code, R.S.C. 1985, c. C-46, to determine the admissibility of any evidence led by the defence. Mr. Kinamore was convicted of sexual assault. The Court of Appeal dismissed an appeal.
Lower court rulings
Conviction for sexual assault
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
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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.
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Date modified: 2025-02-27