Docket

37461

Michael Shawn Bourgeois v. Her Majesty the Queen

(Alberta) (Criminal) (As of Right)

(Publication ban in case)

Proceedings
Date Proceeding Filed By
(if applicable)
2017-10-27 Transcript received, 43 pages
2017-10-19 Appeal closed
2017-10-13 Judgment on the appeal rendered, Mo Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0136-A, 2017 ABCA 32, dated January 30, 2017, was heard on October 13, 2017, and the Court on that day delivered the following judgment orally:


MOLDAVER J. — This appeal comes to us as of right from the Court of Appeal of Alberta. A majority of the court concluded that there was no basis for overturning the appellant’s conviction for sexual assault. Justice Berger, dissenting, held that the verdict was unreasonable pursuant to s. 686(1)(a)(i) of the Criminal Code, R.S.C. 1985, c. C-46. We are not persuaded that the trial judge reached his decision by an illogical or irrational reasoning process; nor are we persuaded that his verdict was unreasonable within the meaning of s. 686(1)(a)(i). As a result, we would dismiss the appeal.
Dismissed
2017-10-13 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2017-10-13 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Michael Shawn Bourgeois
2017-10-13 General proceeding, Questionnaire regarding publication ban Her Majesty the Queen
2017-10-13 General proceeding, Questionnaire regarding publication ban Michael Shawn Bourgeois
2017-10-13 Hearing of the appeal, 2017-10-13, Mo Ga Côt Br Row
Judgment rendered
2017-10-12 Correspondence received from, (Letter Form), Counsel for the Respondent, re: significant error in the footnoting of a number of excerpts of the Complainant's testimony shown in the the Respondent's Factum. Her Majesty the Queen
2017-10-06 Notice of appearance, Michael Bates and Jennifer Ruttan will attend Michael Shawn Bourgeois
2017-09-25 Notice of appearance, Brian R. Graff will be present Her Majesty the Queen
2017-08-21 Appeal hearing scheduled, 2017-10-13
Judgment rendered
2017-08-18 Notice of hearing sent to parties
2017-08-17 Appeal perfected for hearing
2017-07-28 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2017-07-26 Certificate (on limitations to public access), (Letter Form), 23B; amended certificate rec'd 2017/07/28 Her Majesty the Queen
2017-07-26 Respondent's factum, (Book Form), Completed on: 2017-07-27 Her Majesty the Queen
2017-06-01 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-06-01) Michael Shawn Bourgeois
2017-05-31 Certificate (on limitations to public access), (Letter Form), Form 23B for the appellant material., (Electronic version filed on 2017-05-31) Michael Shawn Bourgeois
2017-05-31 Certificate (on limitations to public access), (Letter Form), Form 23A, (Electronic version filed on 2017-05-31) Michael Shawn Bourgeois
2017-05-31 Appellant's book of authorities, (Book Form), Completed on: 2017-05-31, (Electronic version filed on 2017-05-31) Michael Shawn Bourgeois
2017-05-31 Appellant's record, (Book Form), (3 volumes), Certificate of counsel attesting to record missing (received 2017-06-01)., Completed on: 2017-06-01, (Electronic version filed on 2017-05-31) Michael Shawn Bourgeois
2017-05-31 Appellant's factum, (Book Form), Completed on: 2017-05-31, (Electronic version filed on 2017-05-31) Michael Shawn Bourgeois
2017-03-09 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2017-03-08 Order on motion to extend time, BY THE REGISTRAR
2017-03-08 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 June 23, 2017, pursuant to Rules 6 and 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondent consents to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted in part. The appellant shall serve and file his factum, record and book of authorities on or before May 31, 2017.
Allowed in part
2017-03-08 Submission of motion to extend time, Reg
2017-03-01 Letter acknowledging receipt of a notice of appeal
2017-02-28 Response to motion to extend time, (Letter Form), Completed on: 2017-03-01, (Electronic version filed on 2017-02-28) Her Majesty the Queen
2017-02-28 Certificate (on limitations to public access), (Letter Form), Certificate 23B for Notice of appeal as of right. (Amended version files on 2017-03-01), (Electronic version filed on 2017-02-28) Michael Shawn Bourgeois
2017-02-28 Certificate (on limitations to public access), (Letter Form), (Amended version filed on 2017-03-01), (Electronic version filed on 2017-02-28) Michael Shawn Bourgeois
2017-02-28 Motion to extend time, (Letter Form), To file and serve the appellant's factum. , Completed on: 2017-03-01, (Electronic version filed on 2017-02-28) Michael Shawn Bourgeois
2017-02-28 Notice of appeal, (Letter Form), Proof of service missing (received on 2017-03-01)., Completed on: 2017-03-13, (Electronic version filed on 2017-02-28) Michael Shawn Bourgeois