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.
27207
Adele Rosemary Breese (nee Gruenke) v. Her Majesty the Queen (Manitoba)
(Manitoba) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2000-08-21 | Record returned to the Registrar of the Court of Appeal, + Queen's court | |
| 2000-06-30 | Appeal closed | |
| 2000-06-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2000-06-28 | Copy of formal judgment being prepared | |
| 2000-06-16 | Notice of deposit of judgment sent to all parties | |
| 2000-06-15 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The Chief Justice (orally): It will not be necessary to hear from you Mr. Saull, despite the able submissions of Mr. Semenuk on behalf of his client. The Court is prepared to render judgment now. We are all of the view that the appeal should be dismissed. We are of the view that the Court of Appeal correctly concluded that none of the information obtained by the Self Defence Review Committee would be admissible as fresh evidence. Under the terms of Reference the Admissibility of the information before the committee s fresh evidence is a precondition to new hearing unser s. 690(b) of the Criminal Code. The Appellant concedes that if the report of Dr. Shane is not admissible, the apepal must fail. For the reasons given by the Court of Appeal, Dr. Shane's new affidavit is not admissible. Therefore the appeal must fail. Dismissed, no order as to costs |
|
| 2000-06-15 |
Hearing of the appeal, 2000-06-15, CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment rendered |
|
| 2000-06-14 | Acknowledgement and consent for video taping of proceedings | |
| 2000-06-14 | Appellant's condensed book | Adele Rosemary Breese (nee Gruenke) |
| 2000-06-02 |
Decision on motion to adjourn the hearing of the appeal, Ma, The motion on behalf of the appellant for an order adjourning the hearing of this appeal to the Fall session. Dismissed, no order as to costs |
|
| 2000-05-31 | Submission of motion to adjourn the hearing of the appeal, Ma | |
| 2000-05-30 | Response to the motion to adjourn the hearing of the appeal, (fax copy), Completed on: 2000-05-30 | Her Majesty the Queen (Manitoba) |
| 2000-05-30 | Motion to adjourn the hearing of the appeal, to the fall session - 2 copies, Completed on: 2000-05-30 | Adele Rosemary Breese (nee Gruenke) |
| 2000-04-17 | Correspondence received from, R. Frater dated April 17, 2000 re: does not intend to participate on the appeal | Her Majesty the Queen (Canada) |
| 2000-04-10 |
Appeal hearing scheduled, 2000-06-15 Judgment rendered |
|
| 2000-02-23 | Order on motion to extend time | |
| 2000-02-23 |
Decision on motion to extend time, Reg, to serve & file the respondent's factum and book of authorities to Feb. 21, 2000 Granted, no order as to costs |
|
| 2000-02-23 | Submission of motion to extend time, Reg | |
| 2000-02-22 | Response to motion to extend time, (fax copy), Completed on: 2000-02-22 | Adele Rosemary Breese (nee Gruenke) |
| 2000-02-22 | Motion to extend time, to file the factum, record to Feb. 21, 2000 - 1 copy, Completed on: 2000-02-22 | Her Majesty the Queen (Manitoba) |
| 2000-02-21 | Respondent's record, Completed on: 2000-02-21 | Her Majesty the Queen (Manitoba) |
| 2000-02-21 | Respondent's factum, Completed on: 2000-02-21 | Her Majesty the Queen (Manitoba) |
| 2000-02-15 | Appeal perfected for hearing, Session beginning on 2000-04-10 | |
| 2000-01-21 | Trial court record | |
| 1999-12-21 | Appellant's book of authorities, vol. 1 and 2, Completed on: 1999-12-21 | Adele Rosemary Breese (nee Gruenke) |
| 1999-12-21 | Appellant's factum, (see order dated Oct. 26, 1999), Completed on: 1999-12-21 | Adele Rosemary Breese (nee Gruenke) |
| 1999-12-15 | Appeal court record, 2 small boxes (joint with Queen's Bench Trial Court Records) | |
| 1999-12-01 | Correspondence received from, T.C. Semenuk (by fax) copy of letter he sent to Manitoba Court of Appeal | Adele Rosemary Breese (nee Gruenke) |
| 1999-11-01 | Order on motion to extend time | |
| 1999-11-01 | Order on motion to dispense with printing | |
| 1999-10-27 | Appellant's record, 12 copies of Vol. I to Vol. IX and 24 copies of Vol. X (see Order dated Oct. 26/99), Completed on: 1999-11-25 | Adele Rosemary Breese (nee Gruenke) |
| 1999-10-26 |
Decision on motion to extend time, Reg, to serve & file the appellant's factum & book of authorities to Dec. 23/99. Granted, no order as to costs |
|
| 1999-10-26 |
Decision on motion to dispense with printing, Reg, by permitting the appellant to file 12 copies of vols. 1 to IX and 24 copies of vol. X. of the record and exempting them from marginal numbering and headlines. Granted, no order as to costs |
|
| 1999-10-26 | Submission of motion to dispense with printing, Reg | |
| 1999-10-25 | Submission of motion to extend time, Reg | |
| 1999-10-25 | Response to motion to dispense with printing, (Letter Form), from the Respondent, Completed on: 1999-10-25 | Her Majesty the Queen (Manitoba) |
| 1999-10-21 | Motion to dispense with printing, (to file 12 copies of appellant's record, vol. 1 to 9 and 24 copies of vol. 10; also exempting the appellant from the requirement of rule 33(3) and 33(6), Completed on: 1999-10-21 | Adele Rosemary Breese (nee Gruenke) |
| 1999-10-21 | Response to motion to extend time, Completed on: 1999-10-21 | Her Majesty the Queen (Manitoba) |
| 1999-10-21 | Motion to extend time, (to file the appellant's factum and authorities to Dec. 23, 1999 - 1 copy, Completed on: 1999-10-21 | Adele Rosemary Breese (nee Gruenke) |
| 1999-07-02 | Letter acknowledging receipt of notice of appeal | |
| 1999-06-29 | Notice of appeal, Completed on: 1999-06-29 | Adele Rosemary Breese (nee Gruenke) |
| 1999-06-18 | Notice of deposit of judgment issued to all parties | |
| 1999-06-17 |
Judgment of the Court on the application for leave to appeal, The application for extension of time and the application for leave to appeal are granted. Granted, no order as to costs |
|
| 1999-06-17 |
Decision on motion to extend time to file and /or serve the leave application, CJ McL Ia Granted, no order as to costs |
|
| 1999-05-03 | Submission of motion to extend time to file and/ or serve the leave application, CJ McL Ia | |
| 1999-05-03 | All materials on application for leave submitted to the Judges, CJ McL Ia | |
| 1999-05-03 | Respondent's response on the application for leave to appeal, (Letter Form), (will be making no submissions in response to leave application), Completed on: 1999-05-03 | Her Majesty the Queen (Canada) |
| 1999-04-09 | Respondent's response on the application for leave to appeal, Completed on: 1999-04-09 | Her Majesty the Queen (Manitoba) |
| 1999-04-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 1999-03-10 | Motion to extend the time to file and or serve the application for leave to appeal, (included in leave book), Completed on: 1999-03-10 | Adele Rosemary Breese (nee Gruenke) |
| 1999-03-10 | Application for leave to appeal, Vol. I to V (extension of time included), Completed on: 1999-03-10 | Adele Rosemary Breese (nee Gruenke) |
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 |
|---|---|---|
| Breese (nee Gruenke), Adele Rosemary | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen (Manitoba) | Respondent | Active |
Counsel
Party: Breese (nee Gruenke), Adele Rosemary
Counsel
203 - 200 Barclay Parade S.W.
Calgary, Alberta
T2P 4R5
Telephone: (403) 261-9043
FAX: (403) 265-4632
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 (Manitoba)
Counsel
405 Broadway Avenue
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2863
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
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
Court of Appeal of Manitoba
AR98-30-03581
Minister of Justice advised that none of the information before the Self-Defense Review re: the Applicant's conviction for first degree murder was new evidence
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