Docket

38300

Her Majesty the Queen v. Justyn Kyle Napoleon Friesen

(Manitoba) (Criminal) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2021-06-17 Appeal closed
2020-04-02 Written reasons rendered after oral judgment, CJ Abe Mo Ka Côt Br Row Mar Kas
2020-02-11 Correspondence (sent by the Court) to, the parties. The Court will not hold a lock-up in this file.
2020-01-03 Correspondence received from, (Letter Form), Marie-France Major
Comments on possible lock-up.		 Justyn Kyle Napoleon Friesen
2019-12-23 Correspondence received from, (Letter Form), Joanne B. Dartana
Comments on possible lock-up.		 Attorney General of Alberta
2019-12-19 Correspondence received from, (Letter Form), Robert E. Houston
Comments on possible lock-up.		 Attorney General of British Columbia
2019-12-12 Correspondence received from, (Letter Form), Rekha Malaviya
Comments on possible lock-up.		 Her Majesty the Queen
2019-12-12 Correspondence received from, (Letter Form), Lisa Joyal
Comments on possible lock-up.		 Attorney General of Ontario
2019-12-12 Correspondence received from, (Letter Form), Daniel J. Song
Comments on possible lock-up.		 Criminal Trial Lawyers' Association
2019-12-12 Correspondence (sent by the Court) to, the parties seeking their comments on a possible lock-up.
2019-11-08 Media lock-up requested or proposed
2019-10-22 Transcript received, 135 pages
2019-10-17 Formal judgment sent to the registrar of the court of appeal and all parties
2019-10-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-10-16 Judgment reserved OR rendered with reasons to follow
2019-10-16 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR17-30-08797, 2018 MBCA 69, dated June 21, 2018, was heard on October 16, 2019, and the Court on that day delivered the following judgment orally:

THE CHIEF JUSTICE — The appeal is allowed. The sentence of the sentencing judge is restored. Reasons to follow.
Allowed
2019-10-16 Hearing of the appeal, 2019-10-16, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment rendered
2019-10-16 General proceeding, (Letter Form), Case Sentivity Questionnaire Justyn Kyle Napoleon Friesen
2019-10-16 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen
2019-10-16 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Alberta
2019-10-16 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Ontario
2019-10-16 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Justyn Kyle Napoleon Friesen
2019-10-16 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2019-10-15 Correspondence received from, (Letter Form), Change affecting appellants' record. Justyn Kyle Napoleon Friesen
2019-10-15 Correspondence received from, (Letter Form), 1 reserved seat requested.
 Attorney General of Ontario
2019-10-08 Correspondence received from, (Letter Form), Dane Bullerwell
No concerns if hearing is webcast live.		 Legal Aid Society of Alberta
2019-10-08 Correspondence received from, (Letter Form), Daniel J. Song
No concerns if hearing is webcast live.
 Criminal Trial Lawyers' Association
2019-10-07 Correspondence received from, (Letter Form), Lisa Joyal
No concerns if hearing is webcast live.		 Attorney General of Ontario
2019-10-07 Correspondence received from, (Letter Form), Marie-France Major
No concerns if hearing is webcast live.		 Justyn Kyle Napoleon Friesen
2019-10-07 Correspondence received from, (Letter Form), John Caldwell.
No concerns if hearing is webcast live.
 Attorney General of British Columbia
2019-10-02 Notice of appearance, (Letter Form), Gerri Wiebe and Ryan McElhoes will appear before the court, and will both present oral arguments. Justyn Kyle Napoleon Friesen
2019-10-02 Correspondence received from, (Letter Form), Joanne Dartana.
No concerns if hearing is webcast live.		 Attorney General of Alberta
2019-10-02 Correspondence received from, (Letter Form), Rekha Malaviya.
No concerns if hearing is webcast live.		 Her Majesty the Queen
2019-09-30 Notice of appearance, (Letter Form), Daniel J. Song will appear before the court, and will present oral arguments. Criminal Trial Lawyers' Association
2019-09-30 Notice of appearance, (Letter Form), Joanne B. Dartana will appear before the court, will present oral arguments. Attorney General of Alberta
2019-09-30 Notice of appearance, (Letter Form), John R.W. Caldwell will appear before the court, and will present oral arguments.
 Attorney General of British Columbia
2019-09-30 Notice of appearance, (Letter Form), Lisa Joyal will appear before the court, and will present oral arguments.
 Attorney General of Ontario
2019-09-26 Notice of appearance, (Letter Form), Rekha Malaviya and Renée Lagimodière will appear before the court, and they will both present oral arguments. Her Majesty the Queen
2019-09-19 Notice of appearance, (Letter Form), Dane Bullerwell will appear before the court, and will present oral arguments. Legal Aid Society of Alberta
2019-09-18 Appeal perfected for hearing
2019-08-27 Reply factum on appeal, (Book Form), Incomplete Justyn Kyle Napoleon Friesen
2019-08-19 Correspondence received from, (Letter Form), Advising the Court of a recent decision. Criminal Trial Lawyers' Association
2019-08-13 Intervener's book of authorities, (Book Form), Completed on: 2019-08-13 Criminal Trial Lawyers' Association
2019-08-13 Intervener's factum, (Book Form), Completed on: 2019-08-13 Criminal Trial Lawyers' Association
2019-08-13 Intervener's book of authorities, (Book Form), Completed on: 2019-08-13 Legal Aid Society of Alberta
2019-08-13 Intervener's factum, (Book Form), Completed on: 2019-08-13 Legal Aid Society of Alberta
2019-08-13 Intervener's book of authorities, (Book Form), Completed on: 2019-08-13 Attorney General of British Columbia
2019-08-13 Intervener's factum, (Book Form), Completed on: 2019-08-13 Attorney General of British Columbia
2019-08-12 Intervener's book of authorities, (Book Form), Completed on: 2019-08-12 Attorney General of Ontario
2019-08-12 Intervener's factum, (Book Form), Completed on: 2019-08-12 Attorney General of Ontario
2019-08-08 Intervener's factum, (Book Form), Completed on: 2019-08-08 Attorney General of Alberta
2019-08-07 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-10-16
Judgment rendered
2019-07-08 Certificate (on limitations to public access), (Letter Form), 23B Justyn Kyle Napoleon Friesen
2019-07-08 Respondent's factum, (Book Form), Completed on: 2019-07-10 Justyn Kyle Napoleon Friesen
2019-07-02 Order on motion for leave to intervene, by ABELLA J.
2019-07-02 Decision on the motion for leave to intervene, Abe,
UPON APPLICATION by the Attorney General of Ontario, the Attorney General of British Columbia, the Attorney General of Alberta, the Criminal Trial Lawyers’ Association and the Legal Aid Society of Alberta for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said five (5) interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before August 13, 2019.
The said five (5) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondent is granted permission to serve and file a single factum not exceeding five (5) pages in length in reply to these interventions on or before August 27, 2019.
The interveners are 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 interveners shall pay to the appellant and respondent any additional disbursements resulting from their interventions.
Granted
2019-07-02 Submission of motion for leave to intervene, Abe
2019-06-17 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-17 Justyn Kyle Napoleon Friesen
2019-06-13 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-06-13 Her Majesty the Queen
2019-06-10 Motion for leave to intervene, (Book Form), Completed on: 2019-06-10 Attorney General of British Columbia
2019-06-10 Motion for leave to intervene, (Book Form), Completed on: 2019-06-10 Attorney General of Alberta
2019-06-10 Notice of name, (Letter Form) Legal Aid Society of Alberta
2019-06-10 Motion for leave to intervene, (Book Form), MISSING: filing fee-rec'd 2019/06/11, Completed on: 2019-06-11 Legal Aid Society of Alberta
2019-06-10 Notice of name, (Letter Form) Criminal Trial Lawyers' Association
2019-06-10 Motion for leave to intervene, (Letter Form), Completed on: 2019-06-10 Criminal Trial Lawyers' Association
2019-06-07 Motion for leave to intervene, (Book Form), Completed on: 2019-06-07 Attorney General of Ontario
2019-05-13 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2019-05-13 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-05-13 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-05-13 Appellant's book of authorities, (Book Form), Completed on: 2019-05-13 Her Majesty the Queen
2019-05-13 Appellant's record, (Book Form), Completed on: 2019-05-13 Her Majesty the Queen
2019-05-13 Appellant's factum, (Book Form), Completed on: 2019-05-13 Her Majesty the Queen
2019-03-18 Notice of appeal, (Letter Form), Completed on: 2019-03-18 Her Majesty the Queen
2019-03-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-02-15 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-02-15 Judgment on leave sent to the parties
2019-02-14 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR17-30-08797, 2018 MBCA 69, dated June 21, 2018, is granted.
Granted
2019-02-14 Decision on motion to extend time, See judgment on application for leave to appeal.
Granted
2019-01-14 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-01-14 Submission of motion to extend time, for consideration by the Court
2018-12-17 Certificate (on limitations to public access), Form 23B Her Majesty the Queen
2018-12-17 Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-12-17 Her Majesty the Queen
2018-12-07 Motion to extend time, (Included in the respondent's response on the application for leave to appeal), Completed on: 2018-12-07 Justyn Kyle Napoleon Friesen
2018-12-07 Certificate (on limitations to public access), (Letter Form), Form 23B Justyn Kyle Napoleon Friesen
2018-12-07 Certificate (on limitations to public access), (Letter Form), Form 23A Justyn Kyle Napoleon Friesen
2018-12-07 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-12-07 Justyn Kyle Napoleon Friesen
2018-11-27 Correspondence received from, Respondent: Intention to file a response and motion to extend time. Justyn Kyle Napoleon Friesen
2018-09-26 Correspondence received from, (Letter Form), To inform the Court that the Manitoba Provincial Court does not complete a certificate/formal order. Disposition Sentencing Sheet dated March 9, 2017 provided. Her Majesty the Queen
2018-09-21 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 21/09/2018
2018-09-19 Certificate (on limitations to public access), (Letter Form), Form 23B Her Majesty the Queen
2018-09-19 Certificate (on limitations to public access), (Letter Form), Form 23A Her Majesty the Queen
2018-09-19 Application for leave to appeal, (Book Form), MISSING: Trial Court Order (no Trial Court Order, Disposition Sentencing Sheet dated March 9, 2017 received on 26/09/2018), Completed on: 2018-09-27 Her Majesty the Queen