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26493

Her Majesty the Queen v. Steve Brian Ewanchuk

(Alberta) (Criminal) (As of Right)

(Publication ban in case)

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)
1999-07-19 Appeal closed
1999-07-19 Correspondence received from, Steve Ewanchuk himself addressed to the Chief Justice. Steve Brian Ewanchuk
1999-07-13 Record returned to the Registrar of the Court of Appeal, Exhibit #1 returned to Alta. Justice as requested by R. Paterson
1999-07-12 Correspondence received, from R. Paterson, Exhibit Central dated July 5/99 re: requesting Exhibit "1 "Cedar Chest Specialist"
1999-07-08 Formal judgment sent to the registrar of the court of appeal and all parties
1999-07-08 Copy of formal judgment being prepared, Judgment on reconsideration rendered May 25, 1999.
1999-06-03 Record returned to the Registrar of the Court of Appeal
1999-05-28 Notice of deposit of judgment sent to all parties, (on rehearing)
1999-05-25 Decision on the motion for a re-hearing of the appeal, CJ L'HD G Co McL Ia Ma Ba Bi, The application for re-hearing is dismissed.
Dismissed, no order as to costs
1999-05-19 Reply to the response to the motion for a re-hearing of the appeal, (to the intervener's Sexual Assault Centre of Edmonton), sent to CJ L'HD G Co McL I Ma Ba Bi, May 21/99, Completed on: 1999-05-19 Steve Brian Ewanchuk
1999-05-19 Reply to the response to the motion for a re-hearing of the appeal, (to the respondent's response), sent to CJ L'HD G Co McL I Ma Ba Bi, May 21/99, Completed on: 1999-05-19 Steve Brian Ewanchuk
1999-05-19 Correspondence received from, Gowlings dated May 19/99 re: Appellant and Intervener Sexual Assault Centre of Edmonton will not be filing anything further on the rehearing, sent to CJ L'HD G Co McL I Ma Ba Bi, May 21/99 Her Majesty the Queen
1999-05-17 Order on motion to extend time, to serve and file a motion for a rehearing to April 26
1999-05-10 Response to the motion for a re-hearing of the appeal, (Letter Form), letter (by fax) dated May 10/99 from Carissima Mathen re: LEAF and DAWN CANADA will not be making submissions with respect to rehearing, sent to CJ L'HD G Co McL I Ma Ba Bi, May 21/99, Completed on: 1999-05-10 Women's Legal Education and Action Fund ('LEAF')
1999-05-07 Response to the motion for a re-hearing of the appeal, (Letter Form), letter dated May 7/99 from Robert Frater re: will not be making submissions on rehearing, sent to CJ L'HD G Co McL I Ma Ba Bi, May 21/99, Completed on: 1999-05-07 Attorney General of Canada
1999-05-05 Supplemental document, motion book in support of application for rehearing (sent to the Court May 7/99) Steve Brian Ewanchuk
1999-05-03 Response to the motion for a re-hearing of the appeal, sent to CJ L'HD G Co McL I Ma Ba Bi, May 6/99, Completed on: 1999-05-03 Sexual Assault Centre of Edmonton
1999-05-03 Response to the motion for a re-hearing of the appeal, sent to CJ L'HD G Co McL I Ma Ba Bi, May 6/99, Completed on: 1999-05-03 Her Majesty the Queen
1999-04-28 Decision on motion to extend time, Ba, to serve and file a motion for a rehearing to April 26
Granted, no order as to costs
1999-04-28 Submission of motion to extend time, Ba
1999-04-28 Response to motion to extend time, (Letter Form), from H. Brown dated April 28, 1999 (fax copy) re:extension of time to file a motion for re-hearing, Completed on: 1999-04-28 Her Majesty the Queen
1999-04-27 Motion to extend time, to file the motion for re-hearing to April 26, 1999 - 1 copy, Completed on: 1999-04-27 Steve Brian Ewanchuk
1999-04-26 All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G Co McL Ia Ma Ba Bi
1999-04-26 Motion for a re-hearing of the appeal, (extension of time and $50 requested)(sent to the Court on April 26/99), Completed on: 1999-04-26 Steve Brian Ewanchuk
1999-04-07 Decision on motion to extend time, Ba, by the respondent to serve & file a motion for a rehearing to April 23/99.
Granted, no order as to costs
1999-04-07 Submission of motion to extend time, to file a motion for a rehearing, Ba
1999-04-01 Response to motion to extend time, 2 copies, Completed on: 1999-04-01 Her Majesty the Queen
1999-04-01 Response to motion to extend time, fax copy from B. Rosboroug dated April 1, 1999, Completed on: 1999-04-01 Her Majesty the Queen
1999-03-26 Motion to extend time, to file the motion for rehearing to April 23, 99; incl. affidavits of S. Ewanchuk and C. Banks in support of the motion included P.S. exhibit B referred to in the affidavit of C. Banks in form form (exhibit tag no. 2 of Court of Queen's Bench, Completed on: 1999-03-26 Steve Brian Ewanchuk
1999-03-25 General proceeding, (notice of motion for re-hearing) - fax copy Steve Brian Ewanchuk
1999-03-24 Formal judgment sent to the registrar of the court of appeal and all parties
1999-03-24 Copy of formal judgment being prepared
1999-02-25 Notice of deposit of judgment sent to all parties
1999-02-25 Judgment on the appeal rendered, CJ L'HD G Co McL Ia Ma Ba Bi, The appeal is allowed, a conviction is entered and the matter is remanded to the trial judge for sentencing.
Allowed, no order as to costs
1998-11-02 General proceeding, transcript received and distributed to the justices (117 pages)
1998-10-14 Hearing of the appeal, 1998-10-14, CJ L'HD G Co McL Ia Ma Ba Bi
Decision reserved
1998-10-14 Decision on motion to extend time, to serve and file their book of authorities to Oct. 7/98, Reg
Granted, no order as to costs
1998-10-14 Hearing of motion to extend time, 1998-10-14, to serve and file their book of authorities to Oct. 7/98, Reg
1998-10-14 Submission of motion to extend time, 1998-10-14, to serve and file their book of authorities to Oct. 7/98, Reg
1998-10-14 General proceeding, (extract book) Attorney General of Canada
1998-10-13 Response to motion to extend time, to file the authorities of LEAF, Completed on: 1998-10-13 Her Majesty the Queen
1998-10-13 $50.00 filing fee for notice of motion, receipt #31322 Women's Legal Education and Action Fund ('LEAF')
1998-10-13 Affidavit, to file the authorities; Diane Oleskiw, with service Women's Legal Education and Action Fund ('LEAF')
1998-10-13 Motion to extend time, to file the authorities, with service, Completed on: 1998-10-13 Women's Legal Education and Action Fund ('LEAF')
1998-10-13 General proceeding, (revised page 11 of the intervener's factum) Attorney General of Canada
1998-10-08 General proceeding, ERRATA in the factum of the interveners(joint with I03), with service Women's Legal Education and Action Fund ('LEAF')
1998-10-08 Proof of service, (book form)
1998-10-07 Book of authorities, (extension of time requested), with service, Completed on: 1998-10-07 Women's Legal Education and Action Fund ('LEAF')
1998-10-06 Book of authorities, With service, Completed on: 1998-10-06 Sexual Assault Centre of Edmonton
1998-09-29 Notice of appearance, (Ms. Beverly Wilton and Lisa Futerman) Attorney General of Canada
1998-09-28 Book of authorities, (extension of time requested)(see order of Sept. 10/98), with service, Completed on: 1998-09-28 Attorney General of Canada
1998-09-25 Intervener's factum, (see order of Sept. 10/98), with service, Completed on: 1998-09-25 Attorney General of Canada
1998-09-22 Intervener's factum, (joint with I03), with service, Completed on: 1998-09-22 Women's Legal Education and Action Fund ('LEAF')
1998-09-21 Intervener's factum, Completed on: 1998-09-21 Sexual Assault Centre of Edmonton
1998-09-14 Notice of hearing Her Majesty the Queen
1998-09-10 Response to the motion for leave to intervene, by A. G. Canada (Gowling, Strathy), Completed on: 1998-09-10 Her Majesty the Queen
1998-09-10 Order on motion for leave to intervene, for L'HD Justice's order see file
1998-09-10 Decision on the motion for leave to intervene, L'HD, the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length and to present oral argument not to exceed 15 minutes; the applicant shall serve and file its factum no later than Sept. 25/98; the applicant shall pay to the respondent any additional disbursements occasioned to the respondent by the intervention
Granted, no order as to costs
1998-09-10 Hearing of motion for leave to intervene, 1998-09-10, L'HD
1998-09-10 Submission of motion for leave to intervene, 1998-09-10, L'HD
1998-09-10 Decision on motion to extend time, to intervene, L'HD
Granted, no order as to costs
1998-09-10 Hearing of motion to extend time, 1998-09-10, to intervene, L'HD
1998-09-10 Submission of motion to extend time, 1998-09-10, to intervene, L'HD
1998-09-09 Correspondence (sent by the Court) to, from P. Royal to Registrar, letter dated Sept. 8, 1998 (fax copy) re: opposes to the intervention by A. G. Canada
1998-09-09 Correspondence (sent by the Court) to, from R. Fainstein to A. Roland, letter dated Sept. 9, 1998 re: responding to Mr. Royal's letter (re: intervention)
1998-09-03 Appeal hearing scheduled, 1998-10-14
Decision reserved
1998-09-02 Affidavit, of Robert Frater - 2 copies, with service Attorney General of Canada
1998-09-02 $50.00 filing fee for notice of motion, (deducted from Justice account) Attorney General of Canada
1998-09-02 Motion to extend time, to file the motion to intervene - 2 copies, with service, Completed on: 1998-09-02 Attorney General of Canada
1998-09-02 Motion for leave to intervene, (joint with the to extend the time) - 2 copies, with service, Completed on: 1998-09-02 Attorney General of Canada
1998-09-01 Book of authorities, 12 copies (extension of time requested), Completed on: 1998-09-01 Steve Brian Ewanchuk
1998-08-31 Order on motion to extend time, to file his factum to Aug. 21/98
1998-08-25 Decision on motion to extend time, to serve and file their factum to Aug. 21/98, Ma
Granted, no order as to costs
1998-08-25 Hearing of motion to extend time, 1998-08-25, to serve and file their factum to Aug. 21/98, Ma
1998-08-25 Submission of motion to extend time, 1998-08-25, to serve and file their factum to Aug. 21/98, Ma
1998-08-21 Response to motion to extend time, to file the respondent's factum to Aug. 21, 1998 (R. Taylor), Completed on: 1998-08-21 Her Majesty the Queen
1998-08-21 Affidavit, to file the respondent's response to Aug. 21, 1998 (Peter Royal) Steve Brian Ewanchuk
1998-08-21 $50.00 filing fee for notice of motion, receipt no. 31022 Steve Brian Ewanchuk
1998-08-21 Motion to extend time, to file the respondent's factum to Aug. 21, 1998, with service, Completed on: 1998-08-21 Steve Brian Ewanchuk
1998-08-21 Respondent's factum, 24 copies, with service, Completed on: 1998-08-21 Steve Brian Ewanchuk
1998-08-20 Correspondence (sent by the Court) to, from B. Rosborough to D. Beaulieu, letter dated Aug. 20, 1998 (fax copy) re: confirming the date of hearing for Oct. 14, 1998
1998-08-10 Appeal perfected for hearing, Session beginning on 1998-10-05
1998-06-19 Decision on the motion for leave to intervene, are entitled to serve and file a joint factum not to exceed 20 pages and to present joint oral argument limited to 15 minutes, Ma
Granted, no order as to costs
1998-06-19 Submission of motion for leave to intervene, Ma
1998-06-19 Order on motion for leave to intervene, by the applicants Women's Legal Education and Action Fund (LEAF), the DisAbled Women's Network Canada (DAWN) and the Sexual Assault Centre of Edmonton (FOR MAJOR J.'S ORDER SEE FILE)
1998-06-19 Decision on the motion for leave to intervene, factum is not to exceed 20 pages and oral argument limited to 15 minutes, Ma
Granted, no order as to costs
1998-06-19 Hearing of motion for leave to intervene, 1998-06-19, factum is not to exceed 20 pages and oral argument limited to 15 minutes, Ma
1998-06-19 Submission of motion for leave to intervene, 1998-06-19, factum is not to exceed 20 pages and oral argument limited to 15 minutes, Ma
1998-06-19 Decision on motion to extend time, for leave to intervene, Ma
Granted, no order as to costs
1998-06-19 Hearing of motion to extend time, 1998-06-19, for leave to intervene, Ma
1998-06-19 Submission of motion to extend time, 1998-06-19, for leave to intervene, Ma
1998-06-19 Decision on the motion for leave to intervene, The applicants, Women's Legal Education and Action Fund and DisAbled Women's Network Canada, are entitled to serve and file a joint factum not to exceed 20 pages and to present joint oral argument limited to 15 minutes, Ma
Granted, no order as to costs
1998-06-19 Hearing of motion for leave to intervene, 1998-06-19, The applicants, Women's Legal Education and Action Fund and DisAbled Women's Network Canada, are entitled to serve and file a joint factum not to exceed 20 pages and to present joint oral argument limited to 15 minutes, Ma
1998-06-19 Submission of motion for leave to intervene, 1998-06-19, The applicants, Women's Legal Education and Action Fund and DisAbled Women's Network Canada, are entitled to serve and file a joint factum not to exceed 20 pages and to present joint oral argument limited to 15 minutes, Ma
1998-06-19 Decision on motion to extend time, by the Applicants, Women's Legal Education and Action Fund and DisAbled Women's Network Canada, for leave to intervene, Ma
Granted, no order as to costs
1998-06-19 Hearing of motion to extend time, 1998-06-19, by the Applicants, Women's Legal Education and Action Fund and DisAbled Women's Network Canada, for leave to intervene, Ma
1998-06-19 Submission of motion to extend time, 1998-06-19, by the Applicants, Women's Legal Education and Action Fund and DisAbled Women's Network Canada, for leave to intervene, Ma
1998-06-15 Book of authorities, 12 copies, with service, Completed on: 1998-06-15 Her Majesty the Queen
1998-06-15 Proof of service, of the appellant's factum (book form), with service
1998-06-12 Correspondence (sent by the Court) to, from Gowling, Strathy re: the intervener does not propose to file any further material
1998-06-12 Appellant's factum, 23 copies, Completed on: 1998-06-12 Her Majesty the Queen
1998-05-22 Correspondence (sent by the Court) to, (by fax) from Carissima Mathen; re: replying to the opposition of the respondent
1998-05-19 Correspondence (sent by the Court) to, (by fax) dated May 19/98 from Mona T. Duckett re: OPPOSES the interventions of LEAF, DAWN and Sexual Assault Centre of Edmonton
1998-05-14 Response to the motion for leave to intervene, by LEAF and DisAbled Women's Network Canada, Completed on: 1998-05-14 Her Majesty the Queen
1998-05-14 Proof of service, of the Appellant's record (book form)
1998-05-11 $50.00 filing fee for notice of motion, receipt no. 30599 (for motion to extend the time) Sexual Assault Centre of Edmonton
1998-05-11 Affidavit, to file the motion to intervene to May 7, 1998 (E. V. Bemmel), with service Sexual Assault Centre of Edmonton
1998-05-11 Motion to extend time, to file the motion to intervene to May 7, 1998, with service, Completed on: 1998-05-11 Sexual Assault Centre of Edmonton
1998-05-11 $50.00 filing fee for notice of motion, receipt no. 30599 (for motion to intervene) Sexual Assault Centre of Edmonton
1998-05-08 Affidavit, of Nathalie Léveillé (joint), with service Disabled Women's Network Canada ('DAWN Canada')
1998-05-08 Motion for leave to intervene, (joint with LEAF) - 5 copies, with service, Completed on: 1998-05-08 Disabled Women's Network Canada ('DAWN Canada')
1998-05-08 $50.00 filing fee for notice of motion, receipt no. 30579 Women's Legal Education and Action Fund ('LEAF')
1998-05-08 Motion to extend time, to file the motion to intervene (joint), with service, Completed on: 1998-05-08 Women's Legal Education and Action Fund ('LEAF')
1998-05-08 Affidavit, of Jennifer Scott (joint affidavit) - 5 copies, with service Women's Legal Education and Action Fund ('LEAF')
1998-05-08 Motion for leave to intervene, (joint with DAWN Canada) - 5 copies, with service, Completed on: 1998-05-08 Women's Legal Education and Action Fund ('LEAF')
1998-05-07 Affidavit, of Elaine Betchinski - 1 copy Sexual Assault Centre of Edmonton
1998-05-07 Motion for leave to intervene, ($50.00 and extension of time and service requested) - 1 copy, Completed on: 1998-05-07 Sexual Assault Centre of Edmonton
1998-04-27 Appellant's record, 23 copies, Completed on: 1998-04-27 Her Majesty the Queen
1998-03-23 Correspondence (sent by the Court) to, sent to A.G. of Alberta and Royal, McCrum, Duckette & Glancy re: Rule 32
1998-03-19 General proceeding, 1 copy of C.A. reasons Her Majesty the Queen
1998-03-11 Proof of service, of the notice of appeal
1998-02-25 $50.00 filing a notice of appeal, receipt no. 30180 Her Majesty the Queen
1998-02-25 Notice of appeal, (reasons for judgment requested), Completed on: 1998-02-25 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Ewanchuk, Steve Brian Respondent Active

Other parties

Other parties
Name Role Status
Sexual Assault Centre of Edmonton Intervener Active
Women's Legal Education and Action Fund ('LEAF') Intervener Active
Disabled Women's Network Canada ('DAWN Canada') Intervener Active
Attorney General of Canada Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
Bart Rosborough
Contact information
Attorney General of Alberta
9833 - 109th Street
3rd floor
Edmonton, Alberta
T5K 2E8
Telephone: (403) 422-5402
FAX: (780) 422-1106
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Ewanchuk, Steve Brian

Counsel
Name
Peter J. Royal, Q.C.
Contact information
Royal, McCrum, Duckett, Glancy & Hatch
215 - 8204, 104th St
Edmonton, Alberta
T6E 4E6
Telephone: (780) 432-0919
FAX: (780) 439-6562
Email: proyal@royalmccrum.com
Agent
Name
Heather Perkins-McVey
Contact information
Smith, Lyons
150 Metcalfe Street
Suite 2300
Ottawa, Ontario
K2P 1P1
Telephone: (613) 230-3988
FAX: (613) 230-7085

Party: Sexual Assault Centre of Edmonton

Counsel
Name
Paul L. Moreau
Contact information
Witten, Binder
2500 - 10303 Jasper Ave
Edmonton, Alberta
T5J 3N6
Telephone: (403) 428-0501
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Women's Legal Education and Action Fund ('LEAF')

Counsel
Names
Diane I. Oleskiw
Ritu Khullara
Contact information
Scott & Oleskiw
215 Spadina Avenue
Suite 235
Toronto, Ontario
M5T 2T7
Telephone: (416) 591-1261
FAX: (416) 591-9200
Agent
Name
Carole J. Brown
Contact information
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com

Party: Disabled Women's Network Canada ('DAWN Canada')

Counsel
Name
Ritu Khullar
Contact information
Dale, Gibson & Associates
11018 - 125th St
Edmonton, Alberta
T5M 0M1
Telephone: (403) 452-9530
Agent
Name
Carole J. Brown
Contact information
Borden Ladner Gervais LLP
World Exchange Plaza
1100 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: cbrown@blgcanada.com

Party: Attorney General of Canada

Counsel
Names
Beverly J. Wilton
Lisa Futerman
Contact information
Attorney General of Canada
The Exchange Tower
3400 - 130 King Street West
Toronto, Ontario
M5X 1K5
Telephone: (416) 952-7894
FAX: (416) 973-8253
Agent
Name
Robert J. Frater
Contact information
Attorney General of Canada
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca

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 10, 1995
Court of Queen’s Bench of Alberta

x

Acquittal

February 12, 1998
Court of Appeal of Alberta (Edmonton)

9503-0799-A1-01

Appeal against acquittal 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