Docket
36448
Jonathan David Meer v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-06-10 | Appeal closed | |
| 2016-02-03 | Transcript received, 17 pages | |
| 2016-01-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-01-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-01-21 | Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0029-A, 2015 ABCA 141, dated April 17, 2015, was heard on January 21, 2016, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — This appeal as of right comes to us based on the dissent of Berger J.A. in the Court of Appeal of Alberta. The learned Justice of Appeal was of the view that trial counsel’s conduct of the case (not counsel before us) was “woefully incompetent” and that “it cannot be safely concluded that the appellant received a fair trial”: reasons on appeal, at para. 153 (2015 ABCA 141, 600 A.R. 66). We are all of the view that the appeal must be dismissed. To succeed in setting aside a trial verdict on the basis of the ineffective assistance of counsel, the appellant must show “first, that counsel’s acts or omissions constituted incompetence and second, that a miscarriage of justice resulted”: R. v. G.D.B., 2000 SCC 22, [2000] 1 S.C.R. 520, at para. 26. Aside from finding that “[c]ounsel’s ineffectiveness pertains to critical aspects of the trial”, the learned dissenting Justice did not indicate how the instances which he identified of counsel’s incompetence had occasioned a miscarriage of justice: reasons on appeal, at para. 153. As this Court noted in G.D.B., miscarriages of justice may take many forms in the context of ineffective assistance of counsel. While the Court of Appeal addressed a wide range of issues, we need comment only on one: we are not persuaded that there was any miscarriage of justice in any of its forms in this case. The appeal is dismissed. Dismissed |
|
| 2016-01-21 | Hearing of the appeal, 2016-01-21, CJ Abe Cro Mo Ka Wa Ga Judgment rendered |
|
| 2016-01-21 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2016-01-21 | Appellant's condensed book, (Book Form), Filed in Court | Jonathan David Meer |
| 2016-01-14 | Notice of appearance, Mr. Dale M. Knisely will be appearing | Jonathan David Meer |
| 2016-01-04 | Notice of appearance, Maureen McGuire and Cheryl Schlecker will be appearing | Her Majesty the Queen |
| 2015-12-04 | Appeal perfected for hearing | |
| 2015-11-27 | Notice of hearing sent to parties | |
| 2015-11-26 | Appeal hearing scheduled, 2016-01-21, (previously tentatively scheduled for November 12, 2015) Judgment rendered |
|
| 2015-10-16 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-10-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-16 | Judgment on leave sent to the parties | |
| 2015-10-15 | Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0029-A, 2015 ABCA 141, dated April 17, 2015, is dismissed. Dismissed |
|
| 2015-10-15 | Decision on motion to extend time to file and /or serve the leave application, See Judgment on leave application. Granted |
|
| 2015-10-08 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2015-10-08 | Respondent's book of authorities, Completed on: 2015-10-08 | Her Majesty the Queen |
| 2015-10-08 | Respondent's record, Completed on: 2015-10-08 | Her Majesty the Queen |
| 2015-10-08 | Respondent's factum, Completed on: 2015-10-08 | Her Majesty the Queen |
| 2015-08-13 | Certificate of counsel (attesting to record) | Jonathan David Meer |
| 2015-08-13 | Appellant's book of authorities, Completed on: 2015-08-13 | Jonathan David Meer |
| 2015-08-13 | Appellant's record, (4 volumes), Completed on: 2015-08-13 | Jonathan David Meer |
| 2015-08-13 | Appellant's factum, Completed on: 2015-08-13 | Jonathan David Meer |
| 2015-08-10 | All materials on application for leave submitted to the Judges, Ro Cro Mo | |
| 2015-08-10 | Submission of motion to extend time to file and/ or serve the leave application, Ro Cro Mo | |
| 2015-08-05 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-08-05 | Jonathan David Meer |
| 2015-07-31 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-07-31 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2015-07-31 | Her Majesty the Queen |
| 2015-07-31 | Respondent's response on the application for leave to appeal, Completed on: 2015-07-31, (Electronic version filed on 2015-07-31) | Her Majesty the Queen |
| 2015-07-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2015-07-16 | Certificate (on limitations to public access) | Jonathan David Meer |
| 2015-07-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2015-07-16 | Jonathan David Meer |
| 2015-07-16 | Application for leave to appeal, Both orders missing - Rec'd on 2015-08-13, Completed on: 2015-08-17 | Jonathan David Meer |
| 2015-06-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-06-05 | Order on motion to extend time, (by JUSTICE GASCON) | |
| 2015-06-05 | Decision on motion to extend time, Ga, UPON APPLICATION by the appellant for an order extending the time to serve and file its notice of appeal as of right to May 21, 2015; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-06-05 | Submission of motion to extend time, Ga | |
| 2015-06-02 | Response to motion to extend time, Completed on: 2015-06-02 | Her Majesty the Queen |
| 2015-05-26 | Letter acknowledging receipt of a notice of appeal | |
| 2015-05-21 | Motion to extend time, (Book Form), Completed on: 2015-05-21 | Jonathan David Meer |
| 2015-05-21 | Certificate (on limitations to public access) | Jonathan David Meer |
| 2015-05-21 | Notice of appeal, Completed on: 2015-05-21 | Jonathan David Meer |
- Date modified: