Case information
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41126
His Majesty the King v. Paul Sheppard
(Alberta) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-04-23 |
Judgment on the appeal rendered, CJ Ka Côt Row Mar Kas Ja Ob Mor Allowed |
|
| 2025-04-23 |
Hearing of the appeal, 2025-04-23, CJ Ka Côt Row Mar Kas Ja Ob Mor Decision rendered |
|
| 2025-04-16 | Respondent's condensed book, (Book Form), (Printed version filed on 2025-04-17) | Paul Sheppard |
| 2025-04-16 |
Appellant's condensed book, (Book Form), Missing Proof of Service, (Printed version filed on 2025-04-16) |
His Majesty the King |
| 2025-04-14 | Correspondence received from, (Letter Form), correspondence to seek permission to appear before the court | Paul Sheppard |
| 2025-04-14 | Correspondence received from, (Letter Form), The Intervener will not be filing a Condensed Book for the hearing of this appeal | Raoul Wallenberg Centre for Human Rights |
| 2025-03-27 | Notice of appearance, (Letter Form), Brian A. Beresh, K.C. and Hannah Hunter will appear before the court. Brian A. Beresh, K.C. will present the oral arguments. , (Printed version due on 2025-04-03) | Paul Sheppard |
| 2025-03-19 | Correspondence received from, (Letter Form), Regarding the filling of the amended motion to adduce new evidence, amended factum and amended record. , (Printed version filed on 2025-03-19) | Paul Sheppard |
| 2025-03-12 |
Notice of appearance, (Letter Form), Matthew Griener will appear before the court. Matthew Griener willa present the oral arguments. Request 1 reserved seat. , (Electronic version due on 2025-03-19) |
His Majesty the King |
| 2025-03-06 | Correspondence received from, (Letter Form), Outlining the fresh evidence in the respondent's record and factum , (Printed version due on 2025-03-13) | Paul Sheppard |
| 2025-03-04 | Notice of appearance, (Letter Form), Angela Marinos will appear before the court. Angela Marinos will present the oral arguments. Counsel already have a headset. , (Printed version due on 2025-03-11) | Raoul Wallenberg Centre for Human Rights |
| 2025-02-14 | Correspondence received from, (Letter Form), regarding what is amended in the intervener's amended factum. , (Printed version due on 2025-02-21) | Raoul Wallenberg Centre for Human Rights |
| 2025-02-12 | Intervener's factum, (Book Form), Amended version filed on 2025-02-14, Completed on: 2025-02-12, (Printed version filed on 2025-02-18) | Raoul Wallenberg Centre for Human Rights |
| 2025-01-24 | Order on motion to adduce new evidence, By JUSTICE CÔTÉ | |
| 2025-01-24 |
Decision on motion to adduce new evidence, Côt, UPON APPLICATION by the respondent, Paul Sheppard, for an order to adduce new evidence; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to adduce new evidence is deferred to the panel hearing the appeal on April 23, 2025. Judgment accordingly |
|
| 2025-01-24 | Submission of motion to adduce new evidence, Côt | |
| 2025-01-23 | Reply to motion to adduce new evidence, Completed on: 2025-01-28 | Paul Sheppard |
| 2025-01-16 | Response to the motion to adduce new evidence, (Letter Form), Completed on: 2025-01-21, (Printed version filed on 2025-01-20) | His Majesty the King |
| 2025-01-14 | Notice of hearing sent to parties | |
| 2025-01-14 |
Appeal hearing scheduled, 2025-04-23 Decision rendered |
|
| 2025-01-06 |
Respondent's factum, (Book Form), Amended version filed on 2025-03-19 Factum containing new evidence, Completed on: 2025-02-17, (Printed version filed on 2025-03-19) |
Paul Sheppard |
| 2025-01-06 | Motion to adduce new evidence, (Book Form), Completed on: 2025-01-09, (Printed version filed on 2025-01-09) | Paul Sheppard |
| 2025-01-06 | Correspondence received from, (Letter Form), (Printed version filed on 2025-01-09) | Paul Sheppard |
| 2025-01-06 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2025-01-09) | Paul Sheppard |
| 2025-01-06 | Respondent's book of authorities, (Book Form), Completed on: 2025-01-07, (Printed version filed on 2025-01-09) | Paul Sheppard |
| 2025-01-06 | Respondent's record, (Book Form), Amended version filed on 2025-03-21, Completed on: 2025-01-07, (Printed version filed on 2025-03-19) | Paul Sheppard |
| 2025-01-06 | Respondent's factum, (Book Form), Factum without new evidences, Completed on: 2025-01-07, (Printed version filed on 2025-01-09) | Paul Sheppard |
| 2024-12-24 | Order on motion for leave to intervene, by JUSTICE MOREAU | |
| 2024-12-24 |
Decision on the motion for leave to intervene, Mor, UPON APPLICATION by the 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 is granted and the intervener 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 February 14, 2025. The intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener is not entitled to make submissions that would duplicate the submissions of the other parties; is not entitled to raise new issues not set out in the appellant’s factum or to adduce further evidence or otherwise supplement the record of the parties. For further clarity, the intervener is not entitled to make submissions proposing that a “holistic, child-centric and trauma-informed approach be applied when sentencing sexual offences against children, no matter when those offences occurred” as set out in its motion for leave to intervene, as these matters were not raised in the Appellant’s factum. 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 |
|
| 2024-12-24 | Submission of motion for leave to intervene, Mor | |
| 2024-12-11 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2024-12-10 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2024-12-19, (Printed version due on 2024-12-17) | Raoul Wallenberg Centre for Human Rights |
| 2024-12-06 | Response to the motion for leave to intervene, (Book Form), Completed on: 2024-12-09, (Printed version filed on 2024-12-06) | Paul Sheppard |
| 2024-12-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-12-09, (Printed version due on 2024-12-12) | His Majesty the King |
| 2024-11-26 |
Motion for leave to intervene, (Book Form), Missing: Notice of name, Incomplete, (Printed version filed on 2024-11-27) |
Raoul Wallenberg Centre for Human Rights |
| 2024-10-31 | Certificate of counsel (attesting to record), Form 24A, (Printed version filed on 2024-11-01) | His Majesty the King |
| 2024-10-31 | Appellant's record, (Book Form), (3 volumes), Completed on: 2024-11-01, (Printed version filed on 2024-11-01) | His Majesty the King |
| 2024-10-31 | Appellant's factum, (Book Form), Completed on: 2024-11-01, (Printed version filed on 2024-11-01) | His Majesty the King |
| 2024-09-09 |
Notice of appeal, Missing: -1 hard copy (rec'd 2024-09-24), Completed on: 2024-09-09, (Printed version filed on 2024-09-11) |
His Majesty the King |
| 2024-08-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-08 | Judgment on leave sent to the parties | |
| 2024-08-08 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2103-0197A, 2023 ABCA 381, dated December 21, 2023, is granted. Granted |
|
| 2024-08-08 |
Decision on motion to extend time, See decision on application. Granted |
|
| 2024-07-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-15 | Submission of motion to extend time, for consideration by the Court | |
| 2024-04-25 | Correspondence received from, (Letter Form), Correspondence regarding A's reply;, (Printed version due on 2024-05-02) | Paul Sheppard |
| 2024-04-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-04-24, (Printed version filed on 2024-04-26) | His Majesty the King |
| 2024-04-18 |
Motion to extend time, (Book Form), Motion to extend time to serve and file the Response; Missing: -Filing fees;, Completed on: 2024-04-25, (Printed version due on 2024-04-25) |
Paul Sheppard |
| 2024-04-18 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-04-18) | Paul Sheppard |
| 2024-04-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-04-24, (Printed version filed on 2024-04-18) | Paul Sheppard |
| 2024-03-26 | Correspondence received, Correspondence received from the Respondent; | |
| 2024-02-19 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2024-02-15 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-02-15) | His Majesty the King |
| 2024-02-15 |
Application for leave to appeal, (Book Form), Missing: -Signed judgement and order from Court's of King's Bench of Alberta; (Rec'd 2024-02-26) -Signed order from CA;, Completed on: 2024-07-16, (Printed version filed on 2024-02-15) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sheppard, Paul | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Raoul Wallenberg Centre for Human Rights | Intervener | Active |
Counsel
Party: His Majesty the King
Counsel
9833 – 109e rue
3e étage, Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: matthew.griener@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
Party: Sheppard, Paul
Counsel
2402, 10104 - 103 Avenue
Edmonton, Alberta
T5J 0H8
Telephone: (780) 421-4766
FAX: (780) 429-0346
Email: brian@bereshlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Raoul Wallenberg Centre for Human Rights
Counsel
205 - 4770 Kent Ave
Montréal, Quebec
H3W 1H2
Telephone: (514) 735-8778
Email: angelamarinos@rwchr.org
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0106
FAX: (613) 563-9869
Email: lea.desjardins@gowlingwlg.com
Summary
Keywords
Criminal law – Sentencing – Did the Alberta Court of Appeal err in law in finding the sentencing judge’s reasons for sentence to be insufficient? Do the principles articulated in R. v. Friesen apply to historic offences? Did the Alberta Court of Appeal err in interfering with the sentence imposed at trial?<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.
The complainant was at that time, a grade 7 student at an all-male boarding school in Alberta. The respondent was a teacher at the school. After a trial by judge and jury, the respondent was found guilty of sexual interference (count 1), invitation to sexual touching (count 2), and sexual assault (count 3) of a person under the age of 14 years. The offences occurred in 1993 and 1994. In view of the multiple incidents in this case, the sentencing judge was satisfied that it was appropriate to sentence the respondent on counts 1 and 2. Convictions were entered on counts 1 and 2. The charge of sexual assault was stayed in accordance with Kienapple. The respondent was sentenced to a six year prison term with the counts to be served concurrently. A majority of the Alberta Court of Appeal (Wakeling and Feehan JJ.A.) allowed the respondent’s sentence appeal reducing the sentence to 47 months. Crighton J.A., dissented and would have upheld the six year sentence imposed by the sentencing judge.
Lower court rulings
Sentence imposed: six years of imprisonment
Appeal allowed: sentence reduced to 47 months
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