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.
25409
Her Majesty the Queen v. Able Joshua Esau
(Northwest Territories) (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) |
|---|---|---|
| 1997-09-18 | Record returned to the Registrar of the Court of Appeal, (1 folder) | |
| 1997-08-15 | Appeal closed | |
| 1997-07-14 | Formal judgment sent to the registrar of the court of appeal and all parties, Northwest Territories (Yellowknife) | |
| 1997-07-14 | Copy of formal judgment being prepared, sent to A.G. of Canada (Ottawa, ON) | |
| 1997-07-14 | Copy of formal judgment being prepared, sent to Lang, Michener (Ottawa, ON) | |
| 1997-07-11 | Notice of deposit of judgment sent to all parties, A.G. of Canada (Ottawa, ON) | |
| 1997-07-11 | Notice of deposit of judgment sent to all parties, Lang, Michener (Ottawa, ON) | |
| 1997-07-10 |
Judgment on the appeal rendered, CJ L'HD So G McL Ia Ma, The appeal is dismissed, L'Heureux-Dubé and McLachlin JJ. dissenting. Dismissed, no order as to costs |
|
| 1997-03-27 | General proceeding, transcript received and distributed to the justices (50 pages) | |
| 1997-03-18 |
Hearing of the appeal, 1997-03-18, CJ L'HD So G McL Ia Ma Decision reserved |
|
| 1997-03-11 | Correspondence (sent by the Court) to, from Lang, Michener re: names of counsel appearing at the hearing of the appeal (fax copy) | |
| 1997-03-11 | Correspondence (sent by the Court) to, from Robert Frater to A. Roland, letter dated March 11, 1997 re: duration of argument | |
| 1997-02-11 | Book of authorities, 10 copies, with service, Completed on: 1997-02-11 | Able Joshua Esau |
| 1997-02-11 | Respondent's factum, 24 copies, with service, Completed on: 1997-02-11 | Able Joshua Esau |
| 1997-01-27 |
Appeal hearing scheduled, 1997-03-18 Decision reserved |
|
| 1997-01-22 | Appeal court record, (accordeon) | |
| 1997-01-06 | Notice of hearing, With service | Her Majesty the Queen |
| 1997-01-06 | Appeal perfected for hearing, Session beginning on 1997-01-20 | |
| 1996-12-17 |
Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, - that the deadline for filing the appellant's factum be extended to Dec 13/96 and that the hearing of this appeal shall be scheduled for hearing during the Winter session 1997, CJ Granted, no order as to costs |
|
| 1996-12-17 | Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-12-17, - that the deadline for filing the appellant's factum be extended to Dec 13/96 and that the hearing of this appeal shall be scheduled for hearing during the Winter session 1997, CJ | |
| 1996-12-17 | Submission of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1996-12-17, - that the deadline for filing the appellant's factum be extended to Dec 13/96 and that the hearing of this appeal shall be scheduled for hearing during the Winter session 1997, CJ | |
| 1996-12-13 | Book of authorities, 10 copies, Completed on: 1996-12-13 | Her Majesty the Queen |
| 1996-12-13 | Appellant's factum, 24 copies, Completed on: 1996-12-13 | Her Majesty the Queen |
| 1996-12-13 | Affidavit, to file the appellant's factum to Dec. 13, 1996 (Bernadette Schmaltz) | Her Majesty the Queen |
| 1996-12-13 | Motion to extend time, to file the appellant's factum to Dec. 13, 1996 (appellant's factum received on Dec. 13, 1996, but returned for corrections (wrong color), Completed on: 1996-12-13 | Her Majesty the Queen |
| 1996-12-13 | $50.00 filing fee for notice of motion, from Justice account | Her Majesty the Queen |
| 1996-12-13 | Motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show cause, (joint with motion to extend the time to file the appellant's factum), Completed on: 1996-12-13 | Her Majesty the Queen |
| 1996-10-07 | Proof of service, of the case on appeal (book form) | |
| 1996-09-30 | Case on appeal, 24 copies | Her Majesty the Queen |
| 1996-07-04 | Correspondence (sent by the Court) to, sent to Phillips & Wright (Yellowknife, NT) enclosing copy of Rule 32 | |
| 1996-07-04 | Correspondence (sent by the Court) to, sent to A.G. of Canada enclosing copy of Rule 32 | |
| 1996-07-02 | General proceeding, 1 copy of reasons for judgment, with service | Her Majesty the Queen |
| 1996-07-02 | $50.00 filing a notice of appeal, (from Justice account) | Her Majesty the Queen |
| 1996-07-02 | Notice of appeal, (service admitted on June 27/96), with service, Completed on: 1996-07-02 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Esau, Able Joshua | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
David Gates
300 - 10199, 101 ST NW
EDMONTON, Alberta
T5J 3Y4
Telephone: (403) 495-2983
Agent
Department of Justice
284 Wellington St, 2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 957-8412
Party: Esau, Able Joshua
Counsel
1100 - 4920, 52ND ST
YELLOWKNIFE, Northwest Territories
X1A 3T1
Telephone: (403) 873-3335
FAX: (403) 873-2773
Agent
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
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
Supreme Court of the Northwest Territories
x
Conviction: sexual assault
Court of Appeal for the Northwest Territories
CA 00566
Appeal allowed, Respondent's conviction quashed and new trial ordered
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
Related links
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
Related links
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