Case information
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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.
| 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
| Name | Role | Status |
|---|---|---|
| Molodowic, Aaron Joseph | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
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
1212-363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 940-4435
FAX: (204) 940-4430
Email: brodsky@escape.ca
Agent
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
405 Broadway
5th Fl
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-8017
FAX: (204) 945-1260
Agent
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
Maurice Galarneau
4.100 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Canada
Counsel
Morris Pistyner
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
720 Bay St., 10th Fl.
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4556
FAX: (416) 326-4656
Agent
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
Frank Addario
210 - 20 Adelaide St. E.
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: adg@inforamp.net
Agent
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958
Party: The Innocence Project
Counsel
Marlys Edwardh
4700 Keele Street
North York, Ontario
M3J 1P3
Telephone: (416) 736-5604
FAX: (416) 736-5736
Agent
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
1130 - 20 Dundas St. W.
P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
200 Elgin Street, Suite 800
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Criminal Trial Lawyers Association
Counsel
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
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
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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
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
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
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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
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