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.
21720
Mark Walter Kirkness v. Her Majesty the Queen
(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) |
|---|---|---|
| 1994-07-13 | Appeal closed | |
| 1992-08-17 | Correspondence (sent by the Court) to, sent to Court of Appeal of Manitoba (Winnipeg,MN) re: lower court records sent back. | |
| 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) | |
| 1990-12-04 | Formal judgment sent to the registrar of the court of appeal and all parties, (Winnipeg,MN) | |
| 1990-12-04 | Copy of formal judgment being prepared, Soloway, Wright, Houston (Ottawa,ON) | |
| 1990-12-04 | Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-11-22 | Notice of deposit of judgment sent to all parties, Soloway, Wright, Houston (Ottawa,ON) | |
| 1990-11-22 | Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa,ON) | |
| 1990-11-22 |
Judgment on the appeal rendered, CJ W LaF L'HD So G Co, The appeal is allowed and the acquittal is restored, Wilson and L'Heureux-Dubé JJ. dissenting. Allowed, no order as to costs |
|
| 1990-05-16 | General proceeding, transcripts received and distributed to the justices (25 pages) | |
| 1990-05-03 |
Hearing of the appeal, 1990-05-03, CJ W LaF L'HD So G Co Decision reserved |
|
| 1990-04-30 |
Appeal hearing scheduled, 1990-05-03 Decision reserved |
|
| 1990-04-27 | Book of authorities, 10 copies | Mark Walter Kirkness |
| 1990-04-19 | Trial court exhibits | |
| 1990-04-18 | Book of authorities, 10 copies | Her Majesty the Queen |
| 1990-04-18 | Respondent's factum, 21 copies | Her Majesty the Queen |
| 1990-04-11 | Notice of hearing, With service | Mark Walter Kirkness |
| 1990-04-09 | Appeal perfected for hearing, Session beginning on 1990-04-23 | |
| 1990-04-09 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, La Granted, no order as to costs |
|
| 1990-04-09 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-04-09, La | |
| 1990-04-09 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1990-04-09, La | |
| 1990-04-09 |
Decision on motion to expedite the appeal, Appeal to be heard on May 3/90., La Granted, no order as to costs |
|
| 1990-04-09 | Hearing of motion to expedite the appeal, 1990-04-09, Appeal to be heard on May 3/90., La | |
| 1990-04-09 | Submission of motion to expedite the appeal, 1990-04-09, Appeal to be heard on May 3/90., La | |
| 1990-04-06 | Affidavit, With service | Mark Walter Kirkness |
| 1990-04-06 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, With service | Mark Walter Kirkness |
| 1990-04-06 | Affidavit, With service | Mark Walter Kirkness |
| 1990-04-06 | Motion to expedite the appeal, With service | Mark Walter Kirkness |
| 1990-03-23 | Appellant's factum, 24 copies, with service | Mark Walter Kirkness |
| 1990-03-21 | Appeal court record | |
| 1990-03-20 | Certified casebook, vols 1 to 7 | Mark Walter Kirkness |
| 1990-03-01 | Service, of case on appeal vol.1 to 7 | |
| 1990-02-26 | Case on appeal, 21 copies, vols 1 to 7 | Mark Walter Kirkness |
| 1990-01-15 | Order on motion to extend time, to serve and file the notice of appeal to and including Dec. 11/89. | |
| 1989-12-21 |
Decision on motion to extend time, to serve and file the notice of appeal to and including Dec. 11/89., So Granted, no order as to costs |
|
| 1989-12-21 | Hearing of motion to extend time, 1989-12-21, to serve and file the notice of appeal to and including Dec. 11/89., So | |
| 1989-12-21 | Submission of motion to extend time, 1989-12-21, to serve and file the notice of appeal to and including Dec. 11/89., So | |
| 1989-12-20 | Response to motion to extend time, to serve and file the notice of appeal to and including Dec. 11/89. | Her Majesty the Queen |
| 1989-12-15 | Service, of notice of motion and affidavit | |
| 1989-12-15 | Affidavit, to serve and file the notice of appeal to and including Dec. 11/89., with service | Mark Walter Kirkness |
| 1989-12-15 | Motion to extend time, to serve and file the notice of appeal, to and incliding Dec. 11/89., with service | Mark Walter Kirkness |
| 1989-12-11 | $30.00 filing fee, receipt #16378 | Mark Walter Kirkness |
| 1989-12-11 | Notice of appeal, With service | Mark Walter Kirkness |
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 |
|---|---|---|
| Kirkness, Mark Walter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Kirkness, Mark Walter
Counsel
201 - 333 BROADWAY AVE
WINNIPEG, Manitoba
R3C 0S9
Telephone: (204) 943-7454
Agent
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Her Majesty the Queen
Counsel
405 BROADWAY AVE
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-2873
Agent
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
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.
None.
Lower court rulings
Court of Queen’s Bench of Manitoba
Not available
Acquittal: First degree murder
Court of Appeal of Manitoba
Not available
Appeal allowed - Acquittal set aside (See file)
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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Related links
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
Not available