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24395

Randy Andre McMaster, et al. v. Her Majesty the Queen

(Alberta) (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)
1997-07-23 Appeal closed
1996-06-12 Record returned to the Registrar of the Court of Appeal, (3 boxes)
1996-05-02 Formal judgment sent to the registrar of the court of appeal and all parties, Alberta (Calgary)
1996-05-02 Copy of formal judgment being prepared, James L.F. Gladstone (Alberta, AB)
1996-05-02 Copy of formal judgment being prepared, Burke-Robertson
1996-05-02 Copy of formal judgment being prepared, Gowling, Strathy & Henderson
1996-03-22 Notice of deposit of judgment sent to all parties, James L.F. Gladstone (Alberta, AB)
1996-03-22 Notice of deposit of judgment sent to all parties, Burke-Robertson
1996-03-22 Notice of deposit of judgment sent to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1996-03-21 Judgment on the appeal rendered, CJ LaF L'HD So G Co McL Ia Ma, The appeal is allowed, the convictions are quashed and a new trial is ordered for both appellants.
Allowed, no order as to costs
1995-12-20 General proceeding, transcript received and distributed to the justices (63 pages)
1995-12-07 Hearing of the appeal, 1995-12-07, CJ LaF L'HD So G Co McL Ia Ma
Decision reserved
1995-12-05 Correspondence (sent by the Court) to, (by fax) from Lang, Michener; re: Mr. Gladstone has terminated his Ottawa Agent (Lang Michener)
1995-12-04 Correspondence (sent by the Court) to, from Gowling, Strathy re: duration of argument
1995-11-30 Correspondence (sent by the Court) to, from Lang, Michener re: duration of argument (fax copy) (original received on Dec. 4/95)
1995-11-17 Correspondence (sent by the Court) to, from Burke-Robertson re: duration of argument
1995-11-01 General proceeding, to note 24 copies of AMENDED page 26, 35, 36 and 37 to be inserted in the respondent's factum Her Majesty the Queen
1995-10-30 Book of authorities, 10 copies Her Majesty the Queen
1995-10-26 Respondent's factum, 24 copies, with service Her Majesty the Queen
1995-09-25 Appeal hearing
1995-09-25 Appeal removed from the list
1995-09-25 Appeal hearing scheduled, 1995-12-07
Decision reserved
1995-09-13 Appeal court record, (1 box)
1995-08-30 Book of authorities, 10 copies of vol. I & II, with service Harley Howard McMaster
1995-08-30 Appellant's factum, 24 copies, with service Harley Howard McMaster
1995-08-29 Proof of service, of vol. I & II of appellant's authorities admitted today
1995-08-29 Proof of service, of the appellant's factum admitted today
1995-08-25 Book of authorities, 10 copies of vol. 1 and 2 Randy Andre McMaster
1995-08-25 Appellant's factum, 24 copie (motion to accept in its present form - no left margin - Karen advised) (Returned for correction Aug. 29/95 - BACK FROM CORRECTION ON AUG. 30/95) Randy Andre McMaster
1995-07-28 Correspondence (sent by the Court) to, from Lang, Michener to D. Beaulieu, letter dated July 26, 1995 re: tentative dates of Dec. 7 and 8/ 95 for hearing of the appeal are acceptable
1995-07-27 Appeal perfected for hearing, Session beginning on 1995-10-02
1995-07-21 Case on appeal, 23 copies of vol. I & II Harley Howard McMaster
1995-07-21 Order on motion to extend time, to file case on appeal
1995-07-20 Response to motion to extend time, to file the case on appeal to July 21, 1995 - 2 copies Her Majesty the Queen
1995-07-20 Affidavit, of Karen Cuddy re: motion to extend the time to file the case on appeal to July 21, 1995 - 2 copies, with service Harley Howard McMaster
1995-07-20 Motion to extend time, to file the case on appeal to July 21, 1995 - 2 copies, with service Harley Howard McMaster
1995-07-20 Decision on motion to extend time, to file case on appeal to July 21/95, Reg
Granted, no order as to costs
1995-07-20 Hearing of motion to extend time, 1995-07-20, to file case on appeal to July 21/95, Reg
1995-07-20 Submission of motion to extend time, 1995-07-20, to file case on appeal to July 21/95, Reg
1995-07-06 Order on motion to order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause
1995-07-05 Certified casebook, vol. I & II Randy Andre McMaster
1995-07-05 Appeal court record, 2 boxes (joint with trial exhibits)
1995-07-05 Trial court exhibits, 2 boxes (joint with appeal record)
1995-07-04 Decision on motion to extend time, to file case on appeal to June 27/95, Reg
Granted, no order as to costs
1995-07-04 Hearing of motion to extend time, 1995-07-04, to file case on appeal to June 27/95, Reg
1995-07-04 Submission of motion to extend time, 1995-07-04, to file case on appeal to June 27/95, Reg
1995-06-30 Response to motion to extend time, to file the Case on Appeal to June 27/95 Her Majesty the Queen
1995-06-28 $50.00 filing fee for notice of motion, to extend time receipt #30382 Randy Andre McMaster
1995-06-28 Motion to extend time, to June 27/95 to file the Case on Appeal, with service Randy Andre McMaster
1995-06-28 Affidavit, to June 27/95 to file the Case on Appeal (of Terence C. Semenuk), with service Randy Andre McMaster
1995-06-27 Case on appeal, 23 copies of vol. I & II, with service Randy Andre McMaster
1995-06-26 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, on condition that appellant's factum be filed no later than August 30/95 and that the appeal be ready to be prosecuted at the opening of the Fall term, CJ
Granted, no order as to costs
1995-06-26 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-06-26, on condition that appellant's factum be filed no later than August 30/95 and that the appeal be ready to be prosecuted at the opening of the Fall term, CJ
1995-06-26 Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1995-06-26, on condition that appellant's factum be filed no later than August 30/95 and that the appeal be ready to be prosecuted at the opening of the Fall term, CJ
1995-06-22 Correspondence (sent by the Court) to, from Lang, Michener to M. Larmour, letter dated June 22, 1995 re: appellant's factum will be filed on August 30, 1995 (fax copy)
1995-06-16 Correspondence (sent by the Court) to, (by fax) from Lang, Michener; re: Mr. Gladstone is currently in Arizona, having assumed a position as counsel in that State; awaiting writting instructions from Mr. Gladstone (original filed June 26/95)
1995-05-30 Response to motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, of K. Tjosvold (2 copies) Her Majesty the Queen
1995-05-30 Affidavit, of James L. F. Gladstone (2 copies), with service Randy Andre McMaster
1995-05-30 Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (2 copies), with service Randy Andre McMaster
1995-04-05 Correspondence (sent by the Court) to, sent to Singleton Urquhart MacDonald (Calgary, AB) re: subsection 695(2) c.c. James L.F. Gladstone, Paul C. Bourque, Burke-Robertson, Lang, Michener, Gowling, Strathy & Henderson
1995-04-04 Correspondence (sent by the Court) to, sent to James L.F. Gladstone (Stand Off, AB) enclosing copy of Rule 32, c.c. Lang, Michener
1995-04-04 Correspondence (sent by the Court) to, sent to Singleton Urquhart Macdonald (Calgary, AB) enclosing copy of Rule 32, c.c. Burke-Robertson
1995-04-04 Correspondence (sent by the Court) to, sent to A.G. of AB (Edmonton, AB) enclosing copy of Rule 32 c.c. Gowling, Strathy & Henderson
1995-04-03 Order granting leave to appeal
1995-03-31 Notice of appeal, (1 copy), with service Harley Howard McMaster
1995-03-27 Correspondence (sent by the Court) to, sent to Singleton Urquhart MacDonald (Calgary, AB) re: subsection 695(2), c.c. James L.F. Gladstone, Dept of Justice (Alberta), Burke-Robertson, Lang Michener, Gowling, Strathy & Henderson
1995-03-23 Correspondence (sent by the Court) to, sent to James L.F. Gladstone (Stand Off, AB) enclosing copy of Rule 32, c.c. Lang, Michener
1995-03-23 Correspondence (sent by the Court) to, sent to Singleton Urquhart MacDonald (Calgary, AB) enclosing copy of Rule 32, c.c. Burke-Robertson
1995-03-23 Correspondence (sent by the Court) to, sent to A.G. of AB (Edmonton, AB) enclosing copy of Rule 32, c.c. Gowling, Strathy & Henderson
1995-03-22 Notice of appeal, (1 copy), with service Randy Andre McMaster
1995-03-14 Order granting leave to appeal
1995-03-02 Judgment of the Court on the application for leave to appeal, CJ G Ia, The applications for leave to appeal are granted.
Granted, no order as to costs
1995-03-02 Notice of deposit of judgment issued to all parties, Lang, Michener (Ottawa, ON)
1995-03-02 Notice of deposit of judgment issued to all parties, Burke-Robertson (Ottawa, ON)
1995-03-02 Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson (Ottawa, ON)
1995-02-27 All materials on application for leave submitted to the Judges, CJ G Ia
1995-02-21 Correspondence received from, from Gowling; re: does not intend to file a response to the two leave application, sent to CJ G I Feb. 22/95) Her Majesty the Queen
1995-02-16 Decision on motion to extend time to file and /or serve the leave application, to Feb 14/95, G
Granted, no order as to costs
1995-02-16 Hearing of motion to extend time to file and/ or serve the leave application, 1995-02-16, to Feb 14/95, G
1995-02-16 Submission of motion to extend time to file and/ or serve the leave application, 1995-02-16, to Feb 14/95, G
1995-02-16 Decision on motion to extend time to file and /or serve the leave application, to Feb. 14/95, G
Granted, no order as to costs
1995-02-16 Hearing of motion to extend time to file and/ or serve the leave application, 1995-02-16, to Feb. 14/95, G
1995-02-16 Submission of motion to extend time to file and/ or serve the leave application, 1995-02-16, to Feb. 14/95, G
1995-02-16 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON)
1995-02-16 Correspondence received from, sent to Lang, Michener (Ottawa, ON) to acknowledge receipt of material commencing a proceeding
1995-02-15 Order on motion to extend the time to file and/or serve the leave application
1995-02-14 Response to the motion to extend the time to file and / or serve the leave application Her Majesty the Queen
1995-02-14 $30.00 filing fee, receipt #22172 Harley Howard McMaster
1995-02-14 Book of authorities, 3 copies Harley Howard McMaster
1995-02-14 Affidavit, James L.F. Gladstone, with service Harley Howard McMaster
1995-02-14 Motion to extend the time to file and or serve the application for leave to appeal, With service Harley Howard McMaster
1994-11-17 Correspondence received from, sent to Gowling, Strathy & Henderson (Ottawa, ON) enclosing copy of letter dated Nov 17/94 sent to applicant
1994-11-17 Correspondence received from, sent to Burke-Robertson to acknowledge receipt of material commencing a proceeding
1994-11-10 $30.00 filing fee, receipt #21232 Randy Andre McMaster
1994-11-10 Application for leave to appeal, 5 copies, with service, Completed on: 1994-11-10 Randy Andre McMaster

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
McMaster, Randy Andre Applicant Active
McMaster, Harley Howard Applicant Active

v.

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

Counsel

Party: McMaster, Randy Andre

Counsel
Name
Terence C. Semenuk
Contact information
Singleton Urquhart Scott
203 - 200 Barclay Parade S.W.
Calgary, Alberta
T2P 4R5
Telephone: (403) 261-9043
FAX: (403) 265-4632
Agent
Name
V. Jennifer Mackinnon
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A4
Telephone: (613) 236-9665
FAX: (613) 235-4430

Party: McMaster, Harley Howard

Counsel
Names
James L.F. Glastone
James F. Gladstone
Contact information
BOX 440 BLOOD INDIAN RESERVE
STAND OFF, Alberta
T0L 1Y0
Telephone: (403) 256-6103
FAX: (403) 256-6903

Party: Her Majesty the Queen

Counsel
Name
Kenneth E. Tjosovld
Contact information
Attorney General of Alberta
9833 - 109TH ST
3RD FL
EDMONTON, Alberta
T5K 2E8
Telephone: (403) 427-5042
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

October 20, 1993
Court of Queen’s Bench of Alberta

9301-0504-CO

conviction: second degree murder

September 15, 1994
Court of Appeal of Alberta (Calgary)

14611 & 14616

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

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Webcasts

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Date modified: 2025-05-13