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24120

W.R.D. v. Her Majesty the Queen

(Manitoba) (Criminal) (As of Right)

(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)
1995-04-04 Formal judgment sent to the registrar of the court of appeal and all parties, Manitoba (Winnipeg)
1995-04-04 Copy of formal judgment being prepared, Gowling, Strathy & Henderson (Ottawa, ON)
1995-03-14 Correspondence (sent by the Court) to, (court record) sent to Provincial Court of Manitoba (Dauphin, MN)
1995-02-28 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma
Dismissed, no order as to costs
1995-02-28 Hearing of the appeal, 1995-02-28, CJ LaF L'HD So G Co McL Ia Ma
1995-02-28 Decision on motion to adduce new evidence, CJ LaF L'HD So G Co McL Ia Ma
Granted, no order as to costs
1995-02-28 Hearing of the motion to adduce new evidence, 1995-02-28, CJ LaF L'HD So G Co McL Ia Ma
1995-02-28 Submission of motion to adduce new evidence, 1995-02-28, CJ LaF L'HD So G Co McL Ia Ma
1995-02-17 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1995-02-16 Book of authorities, 10 copies Her Majesty the Queen
1995-02-16 Respondent's factum, 24 copies (REPLACEMENT COPY - FIRST VERSION FILED ON JAN. 19/95) sent to CJ LaF L'HD So G Co McL I Ma, Feb 17/95 Her Majesty the Queen
1995-02-16 Respondent's argument on the motion to adduce new evidence, 10 copies sent to CJ LaF L'HD So G Co McL I Ma, Feb 17/95 Her Majesty the Queen
1995-02-15 Book of authorities, 10 copies of supplementary W.R.D.
1995-01-27 Appellant's argument on the motion to adduce new evidence, 10 copies, with service W.R.D.
1995-01-24 Book of authorities, 10 copies W.R.D.
1995-01-19 Respondent's factum, 24 copies (24 REVISED COPIES FILED ON FEB. 16/95) (TO BE REPLACED), with service Her Majesty the Queen
1995-01-16 Notice of hearing W.R.D.
1995-01-13 Appeal hearing scheduled, 1995-02-28
1995-01-11 Affidavit, of Adeline Smaluk (10 copies - book form), with service W.R.D.
1995-01-11 Motion to adduce new evidence, 10 copies (book form) (TO BE DISTRIBUTED FOR THE HEARING OF THE APPEAL), with service W.R.D.
1994-12-16 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition the appeal be ready to proceed in the Winter term, CJ
Granted, no order as to costs
1994-12-16 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-12-16, on condition the appeal be ready to proceed in the Winter term, CJ
1994-12-16 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1994-12-16, on condition the appeal be ready to proceed in the Winter term, CJ
1994-12-15 Order on motion to extend time, to file case on appeal and factum
1994-12-15 Decision on motion to extend time, to file case on appeal to Oct. 14/94 and to file the factum to Nov 18/94, Reg
Granted, no order as to costs
1994-12-15 Hearing of motion to extend time, 1994-12-15, to file case on appeal to Oct. 14/94 and to file the factum to Nov 18/94, Reg
1994-12-15 Submission of motion to extend time, 1994-12-15, to file case on appeal to Oct. 14/94 and to file the factum to Nov 18/94, Reg
1994-12-13 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of Gowling, Strathy Her Majesty the Queen
1994-12-13 Affidavit, of John A. Menzies (1 copy) W.R.D.
1994-12-13 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (1 copy) W.R.D.
1994-12-13 Response to motion to extend time, of Gowling, Strathy (to file the appellant's factum to Nov. 18/94 and the case on appeal to Oct. 14/94) - 1 copy Her Majesty the Queen
1994-12-13 Affidavit, of John A. Menzies (to file the appellant's factum to Nov. 18/94 and the case on appeal to Oct. 14/ 94) W.R.D.
1994-12-13 Motion to extend time, to file the appellant's factum to Nov. 18/94 and the case on appeal to Oct. 14/94 (1 copy) W.R.D.
1994-11-28 Appeal perfected for hearing, Session beginning on 1995-01-23
1994-11-18 Appellant's factum, 24 copies (extension of time requested), with service W.R.D.
1994-11-02 Certified casebook W.R.D.
1994-10-21 Trial court record, from Dauphin, Man. (1 box)
1994-10-14 Case on appeal, 23 copies (extension of time requested) W.R.D.
1994-09-02 Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson (Ottawa, ON) re: subsection 695(2) of the Criminal Code of Canada
1994-05-17 Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson enclosing copy of Rule 32
1994-05-10 Notice of appeal, With service W.R.D.

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
W.R.D. Applicant Active

v.

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

Counsel

Party: W.R.D.

Counsel
John A. Menzies
Johnston & Company
18 - 3RD AVE NW
PO BOX 551 STN MAIN
DAUPHIN, Manitoba
R7N 2V4
Telephone: (204) 638-3211
FAX: (204) 638-9646
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: Her Majesty the Queen

Counsel
Michael J. Watson
Attorney General of Manitoba
409 - 1011 ROSSER AVE
BRANDON, Manitoba
R7A 0L5
Telephone: (204) 726-6013
Agent
Henry S. Brown, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
PO 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

November 15, 1993
Court of Queen’s Bench of Manitoba

93-05-00009

stay of charges of rape, unlawful sexual intercourse with female between 14 & 16

April 12, 1994
Court of Appeal of Manitoba

AR 93-30-01523

appeal allowed

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