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26699

Mark Edward Russell v. Her Majesty the Queen

(Alberta) (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)
2001-11-29 Appeal closed
2001-11-28 Formal judgment sent to the registrar of the court of appeal and all parties
2001-11-14 Copy of formal judgment being prepared, on motion for rehearing
2001-11-13 Notice of deposit of judgment on motion for a re-hearing of the appeal
2001-10-12 Decision on the motion for a re-hearing of the appeal, Ia Ma Ba Bi Arb
Dismissed, no order as to costs
2001-02-28 All material on motion for a re-hearing of the appeal submitted to Justices, Ia Ma Ba Bi Arb
2001-01-25 Response to the motion for a re-hearing of the appeal, (Sent to panel Feb. 28/2001), Completed on: 2001-02-13 Her Majesty the Queen
2001-01-18 Motion for a re-hearing of the appeal, (sent to panel Feb. 28/2001), Completed on: 2001-01-18 Mark Edward Russell
2001-01-18 Motion to extend time, to file a motion for rehearing of the appeal (included in motion for rehearing), Completed on: 2001-01-18 Mark Edward Russell
2000-11-30 Formal judgment sent to the registrar of the court of appeal and all parties
2000-11-24 Discontinuance of motion for a re-hearing of the appeal, (sent to panel Nov. 27/2000) Her Majesty the Queen
2000-11-20 Copy of formal judgment being prepared
2000-11-14 Notice of deposit of judgment sent to all parties
2000-11-10 Judgment on the appeal rendered, Ia Ma Ba Bi Arb, The appeal is dismissed.
Dismissed, no order as to costs
2000-11-06 Response to the motion for a re-hearing of the appeal, (Letter Form), from D.M. Attwater dated Nov. 3/00 re: will not respond to motion (sent to Bench Nov. 8/00), Completed on: 2000-11-06 Mark Edward Russell
2000-11-01 Supplemental document, memorandum of argument on rehearing Her Majesty the Queen
2000-10-27 Motion for a re-hearing of the appeal, (memo of argument filed Nov. 1/00) (Distributed Nov. 2/2000), Completed on: 2000-10-27 Her Majesty the Queen
1999-11-10 Transcript received, 22 pages
1999-11-05 Hearing of the appeal, 1999-11-05, Ia Ma Ba Bi Arb
Judgment reserved
1999-10-27 Supplemental document, (condensed book of submissions and authorities) Mark Edward Russell
1999-10-27 Notice of appearance Her Majesty the Queen
1999-10-25 Notice of appearance, of Balfour Q.H. Der and Richard Muenz at the hearing of the appeal Mark Edward Russell
1999-08-30 Appeal hearing scheduled, 1999-11-05
Judgment reserved
1999-06-25 Respondent's book of authorities, Completed on: 1999-07-13 Her Majesty the Queen
1999-06-25 Respondent's factum, Completed on: 1999-07-13 Her Majesty the Queen
1999-06-25 Respondent's record, Completed on: 1999-07-13 Her Majesty the Queen
1999-06-25 Appeal perfected for hearing, Session beginning on 1999-10-04
1999-05-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
1999-05-27 Copy of formal judgment on leave being prepared
1999-05-20 Order on motion to extend time
1999-05-14 Decision on motion to extend time, DeRg, to serve & file the appellant's factum, record & book of authorities to Apr. 30/99.
Granted, no order as to costs
1999-05-13 Submission of motion to extend time, DeRg
1999-05-04 Letter acknowledging receipt of notice of appeal, (AMENDED NOTICE OF APPEAL)
1999-04-30 Motion to extend time, to file the factum, record and authorities to April 30, 1999 ($50.00 requested), Completed on: 1999-05-12 Mark Edward Russell
1999-04-30 Appellant's book of authorities, Completed on: 1999-04-30 Mark Edward Russell
1999-04-30 Appellant's record, Completed on: 1999-04-30 Mark Edward Russell
1999-04-30 Appellant's factum, Completed on: 1999-04-30 Mark Edward Russell
1999-04-23 General proceeding, amended notice of appeal, as of right - as per Justice Binnie's order dated July 14, 1998 Mark Edward Russell
1999-03-08 Notice of deposit of judgment issued to all parties
1999-03-04 Judgment of the Court on the application for leave to appeal, The motion for extension of time is granted and the application for leave to appeal is dismissed.
Dismissed, no order as to costs
1999-03-04 Decision on motion to extend time to file and /or serve the leave application
Granted, no order as to costs
1999-02-01 Submission of motion to extend time to file and/ or serve the leave application, Co Ma Bi
1999-02-01 All materials on application for leave submitted to the Judges, Co Ma Bi
1998-12-11 Respondent's response on the application for leave to appeal, Incomplete Her Majesty the Queen
1998-11-10 Letter acknowledging receipt of a complete application for leave to appeal, sent to Lang, Michener and Gowling, Strathy & Henderson
1998-11-09 Affidavit, (of Balfour Q.H. Der) Mark Edward Russell
1998-11-09 Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 1998-11-09 Mark Edward Russell
1998-11-09 Application for leave to appeal, Completed on: 1998-11-09 Mark Edward Russell
1998-07-24 Correspondence (sent by the Court) to, sent to A.G. of Alberta and Batting, Der re: Rule 32
1998-07-21 Order on motion to strike out
1998-07-14 Decision on motion to strike out, parts of the Notice of Appeal. Order to go as asked without prejudice to appellant seeking an extension of time to obtain leave, and for leave to appeal the grounds struck out, if so advised, Bi
Granted, no order as to costs
1998-07-14 Submission of motion to strike out, 1998-07-14, parts of the Notice of Appeal., Bi
1998-07-10 Proof of service, of the Crown's reply to appellant's response on motion to strike (book form)
1998-07-10 General proceeding, 3 copies of reply on motion to strike Her Majesty the Queen
1998-07-08 General proceeding, RESPONSE to Crown's motion to strike notice of appeal (bookform), with service Mark Edward Russell
1998-06-30 $50.00 filing fee for notice of motion, receipt #30835 Her Majesty the Queen
1998-06-30 Motion to strike out, para 2, 3 and 4 of the Notice of Appeal, with service, Completed on: 1998-06-30 Her Majesty the Queen
1998-06-11 General proceeding, 2 copies of C.A. reasons, with service Mark Edward Russell
1998-06-11 $50.00 filing a notice of appeal, receipt #30758 Mark Edward Russell
1998-06-11 Notice of appeal, 2 copies, with service (see amended notice of appeal received on April 23, 1999), Completed on: 1998-06-11 Mark Edward Russell

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
Russell, Mark Edward Appellant Active

v.

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

Counsel

Party: Russell, Mark Edward

Counsel
Names
Balfour Q.H. Der, Q.C.
Richard W. Muenz
Contact information
Batting, Der
#2410 - 645, 7th Ave. South West
Calgary, Alberta
T2P 4G8
Telephone: (403) 234-8824
FAX: (403) 261-8977
Email: bqhder@telus.net
Agent
Name
Eugene Meehan, Q.C.
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: emeehan@langmichener.ca

Party: Her Majesty the Queen

Counsel
Name
Joshua B. Hawkes
Contact information
Attorney General of Alberta
Appeal and Criminal Law Policy
1620 - 639, 5th Ave South West
Calgary, Alberta
T2P 0M9
Telephone: (403) 297-6005
FAX: (403) 297-3453
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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

September 27, 1996
Court of Queen’s Bench of Alberta

x

Conviction: second degree murder

May 21, 1998
Court of Appeal of Alberta (Calgary)

96-16772

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

Not available

Webcasts

Not available.

Date modified: 2025-05-13