Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
20758
Her Majesty the Queen v. John Thomas James, Jr.
(Manitoba) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1990-10-17 | Record returned to the Registrar of the Court of Appeal, (Winnipeg,MN) | |
| 1990-10-05 | Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC) | |
| 1990-10-05 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Bruce A. MacFarlane, Q.C. C/O Dept. of Justice (Ottawa,ON) | |
| 1990-10-05 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1990-10-05 | Formal judgment sent to the registrar of the court of appeal and all parties, (Winnipeg,MN) | |
| 1990-09-19 | Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC) | |
| 1990-09-13 | Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON) | |
| 1990-09-13 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-09-13 | Notice of deposit of judgment sent to all parties, Bruce A. MacFarlane, C/O Dept. of Justice (Ottawa,ON) | |
| 1990-09-13 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1990-09-13 |
Judgment on the appeal rendered, CJ CJ W L'HD So G Co, The appeal is dismissed, the cross-appeal is allowed and a new trial on the charge of manslaughter is directed, L'Heureux-Dubé J. dissenting. Dickson was Chief Justice at the time of hearing. Lamer was Cheif Justice at the time of judgment. Dismissed, no order as to costs |
|
| 1990-04-17 | General proceeding, transcripts received and distributed to the justices (50 pages) | |
| 1990-03-27 |
Hearing of the appeal, 1990-03-27, CJ CJ W L'HD So G Co Decision reserved |
|
| 1990-03-26 | Service, of A.G. Qué.'s factum | |
| 1990-03-23 | Book of authorities, 10 copies, with service | Attorney General of Newfoundland |
| 1990-03-22 | Correspondence (sent by the Court) to, re: 15 mins. in argument | |
| 1990-03-22 | Book of authorities, 11 copies of joint vols. 1 and 2, with service | Her Majesty the Queen |
| 1990-03-21 | Service, served copy of Respondent's factum | |
| 1990-03-21 | Intervener's factum, 21 copies, with service | Attorney General of Newfoundland |
| 1990-03-21 | Book of authorities, 10 copies, with service | Attorney General of Canada |
| 1990-03-21 | Intervener's factum, 21 copies | Attorney General of Quebec |
| 1990-03-19 | Correspondence (sent by the Court) to, from Jack Watson re: supports the position taken by the Crown in right of Manitoba | |
| 1990-03-16 | Intervener's factum, 21 copies (joint with 21122-21252-21284-21076- 21382), with service | Attorney General of Canada |
| 1990-03-05 | General proceeding, 22 copies of supplementary factum and reply to the cross-appeal, with service | Her Majesty the Queen |
| 1990-02-01 |
Appeal hearing scheduled, 1990-03-27 Decision reserved |
|
| 1989-12-14 | Service, of Respondent's factum (2 copies) | |
| 1989-12-06 | Service, of appellant's factum | |
| 1989-12-04 | Respondent's factum, 21 copies (appellant by cross-appeal) | John Thomas James, Jr. |
| 1989-10-24 | Notice of intervention respecting a constitutional question | Attorney General of Newfoundland |
| 1989-10-24 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 1989-10-20 | Notice of intervention respecting a constitutional question, With service | Attorney General of Canada |
| 1989-10-17 | Notice of intervention respecting a constitutional question, With service | Attorney General of Alberta |
| 1989-10-10 | Notice of constitutional question(s), With service | John Thomas James, Jr. |
| 1989-10-05 | Order on miscellaneous motion, to vary the Order of Aug.30/89 of the Chief Justice | |
| 1989-10-04 |
Decision on miscellaneous motion, to vary the Order of the Chief Justice made on Aug.30/89 by deleting the date of Sept.29/89 and inserting the date of Oct. 30/89 for the filing of the Notices of Interventions., CJ Granted, no order as to costs |
|
| 1989-10-04 | Hearing of miscellaneous motion, 1989-10-04, to vary the Order of the Chief Justice made on Aug.30/89 by deleting the date of Sept.29/89 and inserting the date of Oct. 30/89 for the filing of the Notices of Interventions., CJ | |
| 1989-10-04 | Submission of miscellaneous motion, 1989-10-04, to vary the Order of the Chief Justice made on Aug.30/89 by deleting the date of Sept.29/89 and inserting the date of Oct. 30/89 for the filing of the Notices of Interventions., CJ | |
| 1989-10-04 | Response to miscellaneous motion, to vary the Order of Aug.30/89 of the Chief Justice | Her Majesty the Queen |
| 1989-10-04 | Affidavit, to vary the Order of Aug.30/89 of the Chief Justice | John Thomas James, Jr. |
| 1989-10-04 | Notice of miscellaneous motion, to vary the Order of Aug.30/89 of the Chief Justice | John Thomas James, Jr. |
| 1989-09-07 | General proceeding, to note Appeal to be heard January 22, 1990 at the same time as the following Appeals; "The Queen v. Allan Ronald Rodney" (21284), "The Queen v. Roderick Russell Martineau" (21122), "Kevin James Arkell v. The Queen" (21076), "Robert Nelson Luxton v. The Q | |
| 1989-08-30 |
Decision on the motion to state a constitutional question, and for an extension of time. The extension is granted but the motion to state to the constitutional questions is reserved and later the same day is granted (for Constitutional questions see Reg's Red Bk @ p.233. Interventions by Sept. 29/89)., CJ Granted, no order as to costs |
|
| 1989-08-30 | Hearing of the motion to state a constitutional question, 1989-08-30, and for an extension of time. The extension is granted but the motion to state to the constitutional questions is reserved and later the same day is granted (for Constitutional questions see Reg's Red Bk @ p.233. Interventions by Sept. 29/89)., CJ | |
| 1989-08-30 | Submission of motion to state a constitutional question, 1989-08-30, and for an extension of time. The extension is granted but the motion to state to the constitutional questions is reserved and later the same day is granted (for Constitutional questions see Reg's Red Bk @ p.233. Interventions by Sept. 29/89)., CJ | |
| 1989-08-18 | Response to motion to extend time | Her Majesty the Queen |
| 1989-08-16 | Motion to extend time, the time to file the motion to state a constitutio nal Questions, with service | John Thomas James, Jr. |
| 1989-08-16 | Affidavit, of Suzette Jane Narbonne, with service | John Thomas James, Jr. |
| 1989-08-16 | Notice of constitutional question(s), With service | John Thomas James, Jr. |
| 1989-04-03 | Appeal perfected for hearing, Session beginning on 1989-04-17 | |
| 1989-04-03 | Order on motion to expedite the appeal | |
| 1989-04-03 |
Decision on motion to expedite the appeal, Reg Granted, no order as to costs |
|
| 1989-04-03 | Hearing of motion to expedite the appeal, 1989-04-03, Reg | |
| 1989-04-03 | Submission of motion to expedite the appeal, 1989-04-03, Reg | |
| 1989-04-03 | Response to motion to expedite the appeal | John Thomas James, Jr. |
| 1989-04-03 | Motion to expedite the appeal, With service | Her Majesty the Queen |
| 1989-04-03 | Appellant's factum, , 21 copies | Her Majesty the Queen |
| 1989-01-17 | Trial court exhibits, 3 boxes | |
| 1989-01-16 | Appeal court record | |
| 1989-01-16 | Certified casebook | Her Majesty the Queen |
| 1989-01-06 | Case on appeal, , 21 copies of volumes 1 to 4 filed with service, with service | Her Majesty the Queen |
| 1988-04-26 |
Decision on miscellaneous motion, McI La LaF Granted, no order as to costs |
|
| 1988-04-26 | Hearing of miscellaneous motion, 1988-04-26, McI La LaF | |
| 1988-04-26 | Submission of miscellaneous motion, 1988-04-26, McI La LaF | |
| 1988-04-12 | Respondent's factum, on cross appeal (5 copies) | John Thomas James, Jr. |
| 1988-03-16 | Order on motion to extend time, on cross appeal with approval thereon | |
| 1988-03-15 | Notice of cross appeal, (5 copies) | John Thomas James, Jr. |
| 1988-03-15 | Decision on motion to extend time, to file motion for cross appeal | |
| 1988-03-15 | Decision on motion to extend time, to extend time to file motion for cross appeal | |
| 1988-03-15 |
Hearing of motion to extend time, 1988-03-15, to file motion for cross appeal Decision reserved |
|
| 1988-03-15 |
Submission of motion to extend time, 1988-03-15, to file motion for cross appeal Decision reserved Traversed, no order as to costs |
|
| 1988-03-14 | Response to motion to extend time, to notice to extend time to file motion of cross appeal | Her Majesty the Queen |
| 1988-03-14 | Affidavit, in support of motion to extend time to file motion for cross appeal | John Thomas James, Jr. |
| 1988-03-14 | Motion to extend time, to file a motion for cross appeal | John Thomas James, Jr. |
| 1988-02-09 | $30.00 filing fee, receipt #11917 | Her Majesty the Queen |
| 1988-02-09 | Notice of appeal, With service | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| James, Jr., John Thomas | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Newfoundland | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
J.G. Dangerfield, Q.C.
730 - 405 Broadway Avenue
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2851
FAX: (204) 948-2826
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Party: James, Jr., John Thomas
Counsel
Jeff Harris
818 - 363 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3N9
Telephone: (204) 943-1414
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Canada
Counsel
110 - 450 BROADWAY
WINNIPEG, Manitoba
R3C 0V8
Telephone: (204) 945-8389
Party: Attorney General of Alberta
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Attorney General of Quebec
Counsel
1200 RTE DE L'ÉGLISE
5e ÉTAGE
STE-FOY, Quebec
G1V 4M1
Telephone: (418) 643-4090
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Newfoundland
Counsel
4th Floor, East Block
Confederation Bldg, P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2868
FAX: (709) 729-2129
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430
Summary
Keywords
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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.
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Lower court rulings
Court of Queen’s Bench of Manitoba
Not available
conviction: first degree murder
Court of Appeal of Manitoba
221/88
appeal allowed - conviction for manslaughter substituted
Filed documents
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 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 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
Not available
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available