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23808

A.K. v. Her Majesty the Queen

(Manitoba) (Criminal) (By Leave)

(Publication ban on party)

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)
1995-08-18 Close file on Leave
1995-01-09 Correspondence (sent by the Court) to, sent to Court of Queen's Bench (Winnipeg, MN) enclosing their record
1995-01-09 Correspondence (sent by the Court) to, sent to C/A (Winnipeg, MN) enclosing their record
1994-11-22 Copy of formal judgment being prepared, Stikeman and Elliott (Ottawa, ON)
1994-11-22 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-11-22 Formal judgment sent to the registrar of the court of appeal and all parties, Manitoba (Winnipeg)
1994-10-14 Judgment on the appeal rendered, new trial is directed, CJ LaF L'HD So Co McL Ma
Allowed, no order as to costs
1994-10-14 Hearing of the appeal, 1994-10-14, new trial is directed, CJ LaF L'HD So Co McL Ma
1994-10-03 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1994-09-20 Correspondence (sent by the Court) to, from Martine Band re: duration of argument
1994-09-20 Notice of hearing, (1 copy), with service A.K.
1994-09-12 Appeal hearing scheduled, 1994-10-14
1994-07-15 Book of authorities, JOINT 11 copies A.K.
1994-07-08 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1994-06-24 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, With service, CJ
Granted, no order as to costs
1994-06-24 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-06-24, With service, CJ
1994-06-24 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-06-24, With service, CJ
1994-06-21 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (1 copy), with service Her Majesty the Queen
1994-06-21 Affidavit, (R. Ian Histed) - 1 copy, with service A.K.
1994-06-21 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy), with service A.K.
1994-06-07 Correspondence (sent by the Court) to, sent to Savino and Company (Winnipeg, MN) c.c. A.G. for MN / Stikeman and Elliott / Gowling, Strathy, from C. Alain that if in default, to bring a motion to have the appeal not deemed abandoned.
1994-06-02 Appeal perfected for hearing, Session beginning on 1994-10-03
1994-06-01 Respondent's factum, 24 copies, with service Her Majesty the Queen
1994-05-18 Trial court record, 1 large envelope to be sent back to the Court of Queen's Bench in Winnipeg
1994-05-12 Appellant's factum, 24 copies, with service A.K.
1994-05-12 Certified casebook, 1 copy, with service A.K.
1994-05-12 Case on appeal, 23 copies, with service A.K.
1994-05-11 Certified casebook, 1 copy A.K.
1994-05-11 Appeal court record, (1 RED FOLDER)
1994-05-09 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Manitoba
1994-05-09 Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1994-05-09 Copy of formal judgment on leave being prepared, Stikeman and Elliott (Ottawa, ON)
1994-04-29 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1994-04-29 Notice of deposit of judgment issued to all parties, Stikeman and Elliott (Ottawa, ON)
1994-04-28 Judgment of the Court on the application for leave to appeal, L'HD G McL, The application for leave to appeal is dismissed.
Dismissed, no order as to costs
1994-02-21 Order on motion to extend time, to file case on appeal and appellant's factum
1994-01-28 Response to motion to extend time, (endorsed on notice of motion) Her Majesty the Queen
1994-01-28 Decision on motion to extend time, to serve and file case on appeal and appellant's factum to 2 weeks following the decision on the application for L/A, Reg
Granted, no order as to costs
1994-01-28 Hearing of motion to extend time, 1994-01-28, to serve and file case on appeal and appellant's factum to 2 weeks following the decision on the application for L/A, Reg
1994-01-28 Submission of motion to extend time, 1994-01-28, to serve and file case on appeal and appellant's factum to 2 weeks following the decision on the application for L/A, Reg
1994-01-27 All materials on application for leave submitted to the Judges, L'HD G McL
1994-01-26 Proof of service, of leave application
1994-01-25 Affidavit, to serve & file the case on appeal and appellant's factum (2 copies); R. Ian Histed, with service A.K.
1994-01-25 Motion to extend time, to serve & file the case on appeal and appellant's factum (2 copies), with service A.K.
1994-01-11 Respondent's response on the application for leave to appeal, 5 copies, with service Her Majesty the Queen
1994-01-06 Correspondence received from, from Stikeman, Elliott re: Soloway, Wright's name was erroneously named as agent on leave book, Gowling, Strathy is the agent for the respondent. A.K.
1993-12-29 Application for leave to appeal, 5 copies (SEE APPEAL AS OF RIGHT), with service, Completed on: 1993-12-29 A.K.
1993-11-10 Correspondence (sent by the Court) to, sent to A.G. for MN (Winnipeg, MN) enclosing copy of Rule 32
1993-11-10 Correspondence (sent by the Court) to, sent to Savino and Company (Winnipeg, MN) enclosing copy of Rule 32
1993-10-29 $30.00 filing fee, receipt #27777 A.K.
1993-10-29 Notice of appeal, With service A.K.

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
A.K. Applicant Active

v.

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

Counsel

Party: A.K.

Counsel
Name
R. Ian Histed
Contact information
Savino & Company
340 ASSINIBOINE AVE
WINNIPEG, Manitoba
R3C 0Y1
Telephone: (204) 942-5131
FAX: (204) 942-3030
Agent
Name
Martine M.N. Band
Contact information
Stikeman, Elliott
914 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 234-4555
FAX: (613) 230-8877

Party: Her Majesty the Queen

Counsel
Name
Gregg Lawlor
Contact information
Attorney General of Manitoba
405 Broadway Avenue
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2870
FAX: (204) 945-1260
Agent
Name
Brian A. Crane, Q.C.
Contact information
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

April 14, 1993
Court of Queen’s Bench of Manitoba

x

conviction: incest

October 27, 1993
Court of Appeal of Manitoba

93-30-01205

appeal dismissed

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13