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26645

Aaron Joseph Molodowic v. Her Majesty the Queen

(Manitoba) (Criminal) (As of Right)

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)
2000-07-12 Appeal closed
2000-05-01 Formal judgment sent to the registrar of the court of appeal and all parties
2000-04-20 Copy of formal judgment being prepared
2000-04-14 Notice of deposit of judgment sent to all parties
2000-04-13 Judgment on the appeal rendered, CJ L'HD G McL Ia Ma Ba Bi Arb, The appeal is allowed, the judgment of the Court of Appeal is set aside, and a verdict of not criminally responsible by reason of mental disorder is entered in substitution for the verdict entered at trial. The matter is remitted to the trial court for a disposition hearing pursuant to s. 672.45 of the Criminal Code. (*Lamer C.J. took no part in the judment.)
Allowed, no order as to costs
1999-10-22 Transcript received, and distributed to the justices (238 Pages)
1999-10-05 Hearing of the appeal, 1999-10-05, CJ L'HD G McL Ia Ma Ba Bi Arb
Judgment reserved
1999-10-05 Order on motion to extend time
1999-10-05 Decision on motion to extend time, Arb, to serve & file the factum of the intervener Criminal Trial Lawyers Association of Alberta to Aug. 13/99, nunc pro tunc.
Granted, no order as to costs
1999-10-05 Submission of motion to extend time, Arb
1999-10-01 Motion to extend time, to serve and file their factum to Aug. 13/99 (joint with 26570), Completed on: 1999-10-01 Criminal Trial Lawyers Association
1999-09-29 Notice of appearance, of Frank Addario at the hearing of the appeal (original received Oct. 5/99) Criminal Lawyers' Association (Ontario)
1999-09-28 Notice of appearance, of Robert Frater and Morris Pistyner at the hearing of the appeal Attorney General of Canada
1999-09-28 Notice of appearance, of Melvyn Green and Marlys Edwardh at the hearing of the appeal Association in Defence of the Wrongly Convicted (AIDWYC)
1999-09-27 Notice of appearance, of Sheila Leinburd at the hearing of the appeal Her Majesty the Queen
1999-09-27 Notice of appearance, of Robert Kelly at the hearing of the appeal Attorney General for Ontario
1999-09-23 Correspondence received from, Henry S. Brown, Q.C. (by fax) dated Sept. 22/99 re: will not be appearing and rely on written submission only Criminal Trial Lawyers Association
1999-09-22 Book of authorities, (joint with 26570), Completed on: 1999-09-22 Criminal Trial Lawyers Association
1999-08-16 Book of authorities, (joint with 26570-26924)(extension requested), Completed on: 1999-08-16 Attorney General for Ontario
1999-08-13 Intervener's factum, (joint with 26570)(extension requested), Completed on: 1999-08-13 Criminal Trial Lawyers Association
1999-08-12 Appeal hearing scheduled, 1999-10-05
Judgment reserved
1999-07-22 Book of authorities, (vol. 1 and 2) (joint with 26570 and 26924), Completed on: 1999-07-22 Association in Defence of the Wrongly Convicted (AIDWYC)
1999-07-22 Intervener's factum, (joint with The Innocence Project) (see order dated April 28, 1999) (joint with 26570 and 26924), Completed on: 1999-07-22 Association in Defence of the Wrongly Convicted (AIDWYC)
1999-07-13 Order on motion to extend time
1999-07-07 Decision on motion to extend time, L'HD, to serve and file the factum and book of authorities of the intervener Attorney General of Canada to June 23/99.
Granted, no order as to costs
1999-07-07 Submission of motion to extend time, by the A.G. - Canada, L'HD
1999-07-06 Supplemental document, AUTHORITIES (also intervener in 26924 - Goncalves) Her Majesty the Queen
1999-07-06 Supplemental factum, (as requested by the Court by letter dated Jan. 29/99) (joint with intervener's factum in 26924 - Goncalves), Completed on: 1999-07-06 Her Majesty the Queen
1999-07-05 Correspondence received from, C.B. Davison dated June 29/99 re: change of counsel (Marvin Bloos now appointed) (joint with 26570) Criminal Trial Lawyers Association
1999-07-05 Response to motion to extend time, to file the A.G. Canada's factum and authorities to June22/99 (Walsh, Micay & Co.) re: do not object, Completed on: 1999-07-05 Aaron Joseph Molodowic
1999-06-30 Intervener's factum, (see order of May 21/99) (joint with 26570-924), Completed on: 1999-06-30 Attorney General for Ontario
1999-06-23 Response to motion to extend time, to file the A.G. Canada's factum and authorities to June 22, 1999 (Gowling, Strathy), Completed on: 1999-06-23 Her Majesty the Queen
1999-06-22 Motion to extend time, to file the factum and authorities to June 23, 1999 (joint), Completed on: 1999-06-22 Attorney General of Canada
1999-06-22 Book of authorities, (joint with 26570 and 26924), Completed on: 1999-06-22 Attorney General of Canada
1999-06-22 Intervener's factum, (joint with 26570 and 26924), Completed on: 1999-06-22 Attorney General of Canada
1999-06-09 Order on motion to strike out, (by the Court)
1999-06-09 Decision on motion to strike out, Ia, Under all the circumstances, the motion by the respondent to strike parts of the appellant's supplementary factum is denied without prejudice to the respondent's raising arguments as to the proper scope of the issues involved in this appeal. The respondent's motion for an extension of time to serve and file a supplementary factum is granted.
Dismissed, no order as to costs
1999-06-08 Order on motion to extend time, to deliver the factum
1999-06-07 Submission of motion to strike out, Ia
1999-06-07 Response to motion to extend time, Completed on: 1999-06-07 Aaron Joseph Molodowic
1999-06-04 Order on motion to extend time, to serve & file the factum of the interveners AIDWYC & Innocence Project to (4) four weeks after the service and filing of the respondents' factums.
1999-06-04 Reply to motion to strike out, (service on June 4, 1999), Completed on: 1999-06-07 Her Majesty the Queen
1999-06-04 Decision on motion to extend time, Ba, to serve & file the factum of the intervener A.G. - Ontario to June 30/99
Granted, no order as to costs
1999-06-04 Submission of motion to extend time, by the A.G. - Ontario, Ba
1999-05-31 Correspondence received from, C. Davison dated May 31, 1999 (fax copy) re: will file their factum by the end of June Criminal Trial Lawyers Association
1999-05-28 Response to motion to strike out, 1 copy - book form, Completed on: 1999-05-28 Aaron Joseph Molodowic
1999-05-28 Intervener's factum, See decision dated April 6/99 (joint with 26570 - 26924), Completed on: 1999-05-28 Criminal Lawyers' Association (Ontario)
1999-05-26 Decision on motion to extend time, Ba, to serve & file the factum of the interveners AIDWYC & Innocence Project to (4) four weeks after the service and filing of the respondents' factums.
Granted, no order as to costs
1999-05-26 Submission of motion to extend time, by AIDWYC & Innocence Project, Ba
1999-05-25 Intervener's factum, Completed on: 1999-05-25 Attorney General of Quebec
1999-05-25 Motion to strike out, (Letter Form), (some parts of the appellant's suppl. factum)(joint with extension of time), Completed on: 1999-05-25 Her Majesty the Queen
1999-05-21 Motion to extend time, to file the factum to June 30, 1999 (joint with 26570) - 1 copy, Completed on: 1999-05-21 Attorney General for Ontario
1999-05-19 Correspondence received from, H. Brown dated May 19, 1999 (fax copy) re: suggests that jurisdictional issue be heard first (joint with 26570-26924) Her Majesty the Queen
1999-05-18 Motion to extend time, (to file the factum prescribed in rule 38) (joint with 26570 and 26924), Completed on: 1999-05-18 Association in Defence of the Wrongly Convicted (AIDWYC)
1999-05-18 Motion to extend time, (to file the factum prescribed in rule 38)(joint with 26570 and 26924), Completed on: 1999-05-18 The Innocence Project
1999-05-10 Supplemental factum, (as requested by the Court orally), Completed on: 1999-05-10 Aaron Joseph Molodowic
1999-04-28 Decision on the motion for leave to intervene, Ba, The motions for an extension of time and for leave to intervene of the applicants Association in Defence of the Wrongly Convicted ("AIDWYC") and The Innocence Project are granted. My Order dated April 6, 1999, granting ("AIDWYC") and the Innocence Project leave to intervene in the Biniaris (26570) and Molodowic (26645) appeals is amended by increasing the length of their single joint factum to 40 pages and increasing the length of their single oral argument to 30 minutes in all three appeals. The interveners shall serve and file their factum no later than May 31, 1999.
Granted, no order as to costs
1999-04-28 Submission of motion for leave to intervene, by AIDWYC & The Innocence Project, Ba
1999-04-23 Order on motion for leave to intervene, (by the Court)
1999-04-23 Decision on the motion for leave to intervene, Ba, by the Criminal Trial Lawyers Association, one single factum limited to 30 pages to be filed by May 31, 1999, & a single oral argument limited to 15 minutes.
Granted, no order as to costs
1999-04-23 Submission of motion for leave to intervene, by Criminal Trial Lawyers Assocation, Ba
1999-04-14 Motion for leave to intervene, (joint with 26570 - filing fee rec. May 4/99), Completed on: 1999-04-14 Criminal Trial Lawyers Association
1999-04-06 Order on motion for leave to intervene, (by the Court)
1999-04-06 Decision on the motion for leave to intervene, Ba, and extension of time by A.G. - Canada. The joint factum is limited to 20 pages to be filed by May 31, 1999, & oral argument to 15 minutes.
Granted, no order as to costs
1999-04-06 Decision on the motion for leave to intervene, Ba, by the A.G. - Ontario. The joint factum is limited to 30 pages to be filed by May 31, 1999, & oral argument to 15 minutes.
Granted, no order as to costs
1999-04-06 Decision on the motion for leave to intervene, Ba, and extension of time by the A.G. - Québec. The joint factum is limited to 20 pages to be filed by May 31, 1999, & oral argument to 15 minutes.
Granted, no order as to costs
1999-04-06 Decision on the motion for leave to intervene, Ba, and extension of time by the Criminal Lawyers' Assocation. The joint factum is limited to 30 pages to be filed by May 31, 1999, & oral argument to 15 minutes.
Granted, no order as to costs
1999-04-06 Decision on the motion for leave to intervene, (see amended judgment dated April 28, 1999), Ba, and extension of time by the Association in Defence of the Wrongly Convicted (AIDWYC) and by the Innocence Project. The applicants shall file a single joint factum limited to 30 pages to be filed by May 31, 1999, and a single oral argument of 15 minutes.
Granted, no order as to costs
1999-04-06 Submission of motion for leave to intervene, by A.G. - Can., Ont., Qué., C.L.A., "AIDWYC" & Innocence Project,, Ba
1999-03-18 Response to the motion for leave to intervene, (Letter Form), (no position to Innocence and AIDWYC), Completed on: 1999-03-18 Aaron Joseph Molodowic
1999-03-17 Response to the motion for leave to intervene, (Letter Form), (no position to A.G. Canada, Ontario and Criminal Lawyers'), Completed on: 1999-03-17 Aaron Joseph Molodowic
1999-03-17 Motion for leave to intervene, (with extension of time) (joint with 26570), Completed on: 1999-03-17 Association in Defence of the Wrongly Convicted (AIDWYC)
1999-03-17 Motion for leave to intervene, (with extension of time)(joint with 26570), Completed on: 1999-03-17 The Innocence Project
1999-03-08 Response to the motion for leave to intervene, (Letter Form), by Criminal Lawyers Ass. (does not oppose, joint with 26570 - letter dated March 8, 1999), Completed on: 1999-03-08 Her Majesty the Queen
1999-03-05 Motion for leave to intervene, (joint with 26570) (joint with extension of time and lenghty memorandum) - 3 copies, Completed on: 1999-03-05 Criminal Lawyers' Association (Ontario)
1999-03-03 Correspondence received, from Charles Davison of Criminal Trial Lawyers Ass. letter dated March 2, 1999 (fax copy) re: will be ready to file their materials in support of a motion to intervene within 2 weeks of the date on which the time would be extended
(joint with 26570)
1999-02-22 Motion for leave to intervene, Completed on: 1999-02-22 Attorney General for Ontario
1999-02-22 Motion for leave to intervene, (joint with extension of time) (joint with 26570), Completed on: 1999-02-22 Attorney General of Canada
1999-02-19 Correspondence received, (Letter Form), from J. Hoyles, letter dated Feb. 19, 1999 (fax copy) re: the Criminal Justice Section of the Canadian Bar Ass. has decided not to intervene (joint with 26570)
1999-02-19 Correspondence received, (Letter Form), from C. Davison of Criminal Trial Lawyers Ass., letter dated Feb. 19,1999 (fax copy) re: intends to intervene (joint with 26570)
1999-02-19 Correspondence received, (Letter Form), from M. Bloos of Canadian Council of Criminal Defence, letter dated Feb. 18, 1999 (fax copy) re: intends to intervene (joint with 26570)
1999-02-18 Motion for leave to intervene, (joint with extension of time) - 5 copies, Completed on: 1999-02-18 Attorney General of Quebec
1999-02-18 Correspondence received, (Letter Form), from A. Gold of Criminal Lawyers' Ass., letter dated Feb. 18, 1999 (fax copy) re: intends to intervene (joint with 26570)
1999-02-08 Correspondence received from, from Gowling, dated Feb. 8, 1999 (fax copy) re: acknowledge receipt of A. Roland's letters in connection with the Court's decision to request submissions in connection with the "unreasonable verdit" issue Her Majesty the Queen
1999-02-01 Correspondence (sent by the Court) to, parties re: list of parties invited to intervene (by fax)
1999-01-29 Correspondence (sent by the Court) to, parties requesting further submissions (by fax)
1999-01-29 Correspondence (sent by the Court) to, agents for Attorneys General, Criminal Lawyers' Association (ON), Cnd Council of Criminal Defence Lawyers, Criminal Trial Lawyers Assoc., Canadian Bar Assoc., Association des avocats et avocates de la défence du QC (by fax) re: invitation to intervene
1999-01-13 Appeal hearing scheduled, 1999-06-22
1998-10-29 Respondent's book of authorities, Completed on: 1998-10-29 Her Majesty the Queen
1998-10-29 Appeal perfected for hearing, Session beginning on 1999-10-04
1998-10-29 Respondent's factum, (corrected factum, 12 copies filed Sept. 22/99 and sent to the panel on same day), Completed on: 1998-10-29 Her Majesty the Queen
1998-09-17 Proof of service, of appellant's record, factum and authorities
1998-09-10 Book of authorities, 12 copies, Completed on: 1998-09-10 Aaron Joseph Molodowic
1998-09-10 Appellant's factum, 24 copies, Completed on: 1998-09-10 Aaron Joseph Molodowic
1998-09-10 Appellant's record, 24 copies of vol. I to III, Completed on: 1998-09-10 Aaron Joseph Molodowic
1998-05-28 Correspondence (sent by the Court) to, sent to A.G. of Manitoba and Walsh Micay & Company re: Rule 32
1998-05-20 General proceeding, 1 copy of C.A. reasons Aaron Joseph Molodowic
1998-05-12 $50.00 filing a notice of appeal, receipt #30601 Aaron Joseph Molodowic
1998-05-12 Notice of appeal, 2 copies, with service, Completed on: 1998-05-12 Aaron Joseph Molodowic

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
Molodowic, Aaron Joseph Appellant Active

v.

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

Other parties

Other parties
Name Role Status
Attorney General of Quebec Intervener Active
Attorney General of Canada Intervener Active
Attorney General for Ontario Intervener Active
Criminal Lawyers' Association (Ontario) Intervener Active
The Innocence Project Intervener Active
Association in Defence of the Wrongly Convicted (AIDWYC) Intervener Active
Criminal Trial Lawyers Association Intervener Active

Counsel

Party: Molodowic, Aaron Joseph

Counsel
Name
G. Greg Brodsky, Q.C.
Contact information
Brodsky & Company
1212-363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 940-4435
FAX: (204) 940-4430
Email: brodsky@escape.ca
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Her Majesty the Queen

Counsel
Name
Sheilla Leinburd
Contact information
Attorney General of Manitoba
405 Broadway
5th Fl
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-8017
FAX: (204) 945-1260
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: Attorney General of Quebec

Counsel
Names
Carole Lebeuf
Maurice Galarneau
Contact information
Procureur général du Québec
4.100 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Attorney General of Canada

Counsel
Names
Robert J. Frater
Morris Pistyner
Contact information
Attorney General of Canada
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca

Party: Attorney General for Ontario

Counsel
Name
Robert Kelly
Contact information
Attorney General of Ontario
720 Bay St., 10th Fl.
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4556
FAX: (416) 326-4656
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Criminal Lawyers' Association (Ontario)

Counsel
Names
Alan D. Gold
Frank Addario
Contact information
Gold & Associate
210 - 20 Adelaide St. E.
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: adg@inforamp.net
Agent
Name
Donald B. Bayne
Contact information
Bayne, Sellar, Boxall
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958

Party: The Innocence Project

Counsel
Names
Dianne L. Martin
Marlys Edwardh
Contact information
Osgoode Hall Law School
4700 Keele Street
North York, Ontario
M3J 1P3
Telephone: (416) 736-5604
FAX: (416) 736-5736
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Kehler
200 Elgin Street, Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Association in Defence of the Wrongly Convicted (AIDWYC)

Counsel
Name
Melvyn Green
Contact information
Sack Goldblatt Mitchell
1130 - 20 Dundas St. W.
P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
Name
Leonard M. Shore, Q.C.
Contact information
Shore, Davis, Kehler
200 Elgin Street, Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374

Party: Criminal Trial Lawyers Association

Counsel
Name
Marvin R. Bloos, Q.C.
Contact information
Beresh Depoe Cunningham
300 MacLean Block
10110 - 107 Street N.W.
Edmonton, Alberta
T5J 1J4
Telephone: (780) 421-4766
FAX: (780) 429-0346
Email: bloos@appeals.ca
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

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

February 20, 1997
Court of Queen’s Bench of Manitoba

x

Plea of not criminally responsible on account of mental disorder rejected and conviction for second degree murder

May 8, 1998
Court of Appeal of Manitoba

AR 97-30-03175

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