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21012

Robert Matthew Chaulk v. Her Majesty the Queen

(Manitoba) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
1994-07-06 Close file for archive
1994-07-06 Appeal closed
1991-02-04 Record returned to the Registrar of the Court of Appeal, (Winnipeg,MN)
1991-02-04 Record returned to the Registrar of the Court of Appeal, (Court of the Queen's Bench - K.R. Price, Reg. - Winnipeg,MN)
1991-01-11 Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON)
1991-01-11 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON)
1991-01-11 Copy of formal judgment being prepared, Noël, Berthiaume (Hull,QC)
1991-01-11 Copy of formal judgment being prepared, S.R. Fainstein, Q.C. C/O Dept. of Justice (Ottawa,ON)
1991-01-11 Copy of formal judgment being prepared, Burke-Robertson (Ottawa,ON)
1991-01-11 Formal judgment sent to the registrar of the court of appeal and all parties, (Winnipeg,MN)
1990-12-20 Notice of deposit of judgment sent to all parties, Noël, Berthiaume (Hull,QC)
1990-12-20 Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, S.R. Fainstein, C/O Dept. of Justice (Ottawa,ON)
1990-12-20 Notice of deposit of judgment sent to all parties, Burke-Robertson (Ottawa,ON)
1990-12-20 Correspondence (sent by the Court) to, from C. Alain sent to His Honour Patrick D. Ferg (Wpg,MN) enclosing complimentary copy of the reasons for judgment in this case.
1990-12-20 Judgment on the appeal rendered, CJ CJ W LaF L'HD So G Co McL, The appeal is allowed and a new trial is ordered, L'Heureux-Dubé, Sopinka and McLachlin JJ. dissenting.
Allowed, no order as to costs
1990-07-03 General proceeding, transcripts received and distributed to the justices (175 pages)
1990-05-29 Service, of factum (joint with 21146 - 21035 - 21380), with service
1990-05-29 Service, of factum (joint with 21146 and 21035), with service
1990-05-29 Hearing of the appeal, 1990-05-29, (Heard May 29th & 30th together with Appeal # 21035 "Francis Daren Morrissette".), CJ CJ W LaF L'HD So G Co McL
Decision reserved
1990-05-28 Intervener's factum, 21 copies (joint with 21146,21035 & 21380), with service Attorney General of New Brunswick
1990-05-25 Intervener's factum, 21 copies (joint with 21146,21035 & 21380), with service Attorney General of Alberta
1990-05-24 Intervener's factum, 1 copy (joint with 21035), with service Attorney General for Ontario
1990-05-24 Book of authorities, 10 copies JOINT vol. I & II (joint with 21035), with service Robert Matthew Chaulk
1990-05-24 Respondent's factum, 21 copies (joint with 21035), with service Her Majesty the Queen
1990-05-23 Intervener's factum, 20 copies (joint with 21035) Attorney General for Ontario
1990-05-22 Service, of factum
1990-05-18 Intervener's factum, 23 copies (joint with 21146,21035 & 21380) Attorney General of Quebec
1990-05-15 Intervener's factum, 24 copies (joint with 21146,21035 & 21380) Attorney General of Canada
1990-04-30 Appeal hearing scheduled, 1990-05-29
Decision reserved
1990-04-18 Notice of hearing, With service Robert Matthew Chaulk
1990-04-03 General proceeding, served copy of transcript evidence vols 1 to 12, with service Robert Matthew Chaulk
1990-03-29 Correspondence (sent by the Court) to, from Gowling re: cases to be scheduled for the two weeks in May
1990-03-28 General proceeding, 10 copies, vols 1 to 12 of transcript of evidence Robert Matthew Chaulk
1990-03-19 Order on miscellaneous motion, for an order permitting the filing of only ten (10 ) copies of the transcripts of evidence in the within appeal,, with service
1990-03-19 Decision on miscellaneous motion, for an order permitting the filing of only ten(10) copies of the transcripts of evidence in the within appeal., G
Granted, no order as to costs
1990-03-19 Hearing of miscellaneous motion, 1990-03-19, for an order permitting the filing of only ten(10) copies of the transcripts of evidence in the within appeal., G
1990-03-19 Submission of miscellaneous motion, 1990-03-19, for an order permitting the filing of only ten(10) copies of the transcripts of evidence in the within appeal., G
1990-03-19 Response to miscellaneous motion Her Majesty the Queen
1990-03-19 Affidavit, of Mark O. Charron, to file only 10 copies of the Transcript Evidence, with service Robert Matthew Chaulk
1990-03-19 Notice of miscellaneous motion, to file only 10 copies of the Transcript Evidence, with service Robert Matthew Chaulk
1990-02-22 Appellant's factum, 21 copies, with service Robert Matthew Chaulk
1990-02-08 Case on appeal, 20 copies (joint with 21035) Robert Matthew Chaulk
1990-02-08 Certified casebook, joint with 21035, with service Robert Matthew Chaulk
1990-01-08 Appeal perfected for hearing, Session beginning on 1990-04-23
1989-10-24 Trial court record, (4 parcels)
1989-10-18 Appeal court record
1989-10-18 Certified casebook Robert Matthew Chaulk
1989-09-07 General proceeding, to note Appeal to be heard at the same time as "The Queen v. Pierre Landry" (21217), "The Queen v. Kamal Ratti" (21146), "Francis Darren Morrissette v. The Queen" (21035), and "Anthony Romeo v. The Queen" (21380).
1989-08-16 Order on motion to extend time to serve and/or file notice of appeal
1989-08-16 Decision on motion to extend time to serve and/or file notice of appeal, W
Granted, no order as to costs
1989-08-16 Hearing of motion to extend time to serve and/or file notice of appeal, 1989-08-16, W
1989-08-16 Submission of motion to extend time to serve and/or file notice of appeal submitted, 1989-08-16, W
1989-08-14 Response to motion to extend time to serve and/or file notice of appeal Robert Matthew Chaulk
1989-08-14 Notice of appeal, With service Robert Matthew Chaulk
1989-08-14 Affidavit, of Mark O. Charron, with service Robert Matthew Chaulk
1989-08-14 Motion to extend the time to serve and/or file the notice of appeal, With service Robert Matthew Chaulk
1989-08-14 Notice of intervention respecting a constitutional question, With service Attorney General of Alberta
1989-08-14 Notice of intervention respecting a constitutional question, With service Attorney General of New Brunswick
1989-08-14 Notice of intervention respecting a constitutional question, 2 copies Attorney General of Quebec
1989-08-09 Notice of intervention respecting a constitutional question Attorney General of Canada
1989-07-28 Notice of intervention respecting a constitutional question, With service Attorney General for Ontario
1989-07-19 Notice of constitutional question(s), With service Robert Matthew Chaulk
1989-07-17 Order on motion to state a constitutional question
1989-07-13 Decision on the motion to state a constitutional question, (for constitutional questions see Reg's Red Book # 7 @ p. 210. Interventions by Aug. 14/89.), CJ
Granted, no order as to costs
1989-07-13 Hearing of the motion to state a constitutional question, 1989-07-13, (for constitutional questions see Reg's Red Book # 7 @ p. 210. Interventions by Aug. 14/89.), CJ
1989-07-13 Submission of motion to state a constitutional question, 1989-07-13, (for constitutional questions see Reg's Red Book # 7 @ p. 210. Interventions by Aug. 14/89.), CJ
1989-07-12 Response to the motion to state a constitutional question Her Majesty the Queen
1989-07-07 Motion to state a constitutional question Robert Matthew Chaulk
1989-05-04 Correspondence received from, letter re written reasons sent to John C. Tait (Ott., Ont.)
1989-05-04 Correspondence received from, letter re written reasons sent to Soloway, Wright (Ott., Ont.)
1989-05-02 Order granting leave to appeal
1989-03-13 Close file on Leave
1989-03-13 Judgment of the Court on the application for leave to appeal, CJ L'HD So
Granted, no order as to costs
1989-03-13 Hearing of the application for leave to appeal, 1989-03-13, CJ L'HD So
1989-03-13 All materials on application for leave submitted to the Judges, 1989-03-13, CJ L'HD So
1989-03-13 Judgment of the Court on the application for leave to appeal, CJ La W LaF L'HD So Co
Oral hearing ordered, no order as to costs
1989-03-13 Hearing of the application for leave to appeal, 1989-03-13, CJ La W LaF L'HD So Co
1989-03-13 All materials on application for leave submitted to the Judges, 1989-03-13, CJ La W LaF L'HD So Co
1989-03-13 Decision on the miscellaneous motion, (The Court has jurisdiction to determine criminal applications for leave to appeal without the necessity of an oral hearing. Written reasons will be given later)., CJ La W LaF L'HD So Co
Dismissed, no order as to costs
1989-03-13 Hearing of miscellaneous motion, 1989-03-13, (The Court has jurisdiction to determine criminal applications for leave to appeal without the necessity of an oral hearing. Written reasons will be given later)., CJ La W LaF L'HD So Co
1989-03-13 Submission of miscellaneous motion, 1989-03-13, (The Court has jurisdiction to determine criminal applications for leave to appeal without the necessity of an oral hearing. Written reasons will be given later)., CJ La W LaF L'HD So Co
1989-03-10 Book of authorities, (joint authorities - see file 21012) Her Majesty the Queen
1989-03-07 Intervener's memorandum of argument on application for leave, , 10 copies, with service Attorney General of Canada
1989-03-07 Order on motion to leave to intervene
1989-03-07 Decision on motion for leave to intervene, to file a factum & present oral argument, La
Granted, no order as to costs
1989-03-07 Hearing of motion for leave to intervene, 1989-03-07, to file a factum & present oral argument, La
1989-03-07 Submission of motion for leave to intervene, 1989-03-07, to file a factum & present oral argument, La
1989-03-02 Response to the motion for leave to intervene Her Majesty the Queen
1989-03-02 Response to the motion for leave to intervene Robert Matthew Chaulk
1989-03-02 Motion for leave to intervene Attorney General of Canada
1989-02-28 Hearing of the application for leave to appeal scheduled
1989-02-28 Hearing of the application for leave to appeal removed from schedule
1989-02-24 Hearing of the application for leave to appeal scheduled
1989-02-08 Certified casebook, With service Robert Matthew Chaulk
1989-01-24 Decision on the miscellaneous motion, to challenge the jurisdiction of the Court under ss. 45(1)(a) and 45(1)(b) of the Supreme Court Act to determine applications for leave to appeal under the Criminal Code without the necessity of an oral argument. The applicant was directed to give notice to the Minister of Justice and to the A.G.'s of the provinces. The motion is adjourned until March 13/89,
Traversed, no order as to costs
1989-01-24 Hearing of miscellaneous motion, 1989-01-24
Adjourned
1989-01-24 Submission of miscellaneous motion, 1989-01-24
Adjourned
1989-01-23 Correspondence received from, from Wolch, Pinx (Re: Additional authorities) Robert Matthew Chaulk
1989-01-18 Correspondence received from, from George Dangerfield
1989-01-16 Hearing of the application for leave to appeal scheduled
1988-12-14 Correspondence received from, dated Dec 14/88 sent to W.G. Burke-Robertson (Re: Oral Hearing)
1988-11-24 General proceeding, to note memo fr. Court inviting counsel to address preliminary issue of right to an oral hearing returnable Jan. 23/89.
1988-11-21 All materials on application for leave submitted to the Judges, McI W So
1988-10-03 Correspondence received from, dated Sept 27/88 from Wolch, Pinx (Re: will attend hearing on Dec. 5/88
1988-07-28 Respondent's response on the application for leave to appeal, 5 copies Her Majesty the Queen
1988-07-12 $30.00 filing fee, receipt #12686 Robert Matthew Chaulk
1988-07-12 Application for leave to appeal, 5 copies, with service, Completed on: 1988-07-12 Robert Matthew Chaulk

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

Main parties - Appellants
Name Role Status
Chaulk, Robert Matthew Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: Chaulk, Robert Matthew

Counsel
John M. Scurfield, Q.C.
Wolch, Pinx, Tapper, Scurfield
1000 - 330 ST MARY AVE
WINNIPEG, Manitoba
R3C 3Z5
Telephone: (204) 949-1700
FAX: (204) 947-2593
Agent
W.G. Burke-Robertson, Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: Her Majesty the Queen

Counsel
J. George B. Dangerfield, Q.C.
Attorney General of Manitoba
405 BROADWAY AVE
6TH FL
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 954-2878
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Canada

Counsel
S. Ronald Fainstein, Q.C.
Attorney General of Canada
Department of Justice
239 Wellington St
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-8412

Party: Attorney General for Ontario

Counsel
Richard Libman
Attorney General for Ontario
720 BAY ST
TORONTO, Ontario
M5G 2K1
Telephone: (416) 326-2307
Agent
Robert E. Houston., Q.C.
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Attorney General of Quebec

Counsel
Jean-François Dionne
Jacques Gauvin
Procureur général du Québec
1200 RTE DE L'ÉGLISE
STE-FOY, Quebec
G1V 4M1
Agent
Sylvie Roussel
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of New Brunswick

Counsel
Glendon J. Abbott
Bruce Judah
Attorney General of New Brunswick
CENTENNIAL BLDG
PO BOX 6000
FREDERICTON, New Brunswick
E3B 5H1
Telephone: (506) 453-2538
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Attorney General of Alberta

Counsel
Jack A. Watson, Q.C.
Attorney General of Alberta
9833 - 109th St
Edmonton, Alberta
T5K 2E8
Telephone: (403) 427-3496
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Summary

Keywords

None.

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.

None.

Lower court rulings

June 27, 1987
Court of Queen’s Bench of Manitoba

86-01-02258

Conviction: First degree Murder

May 13, 1988
Court of Appeal of Manitoba

Not listed

Appeal dismissed

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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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

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Webcasts

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Date modified: 2025-05-13