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.
28545
Michael Derrick Robicheau v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 2002-06-26 | Appeal closed | |
| 2002-06-11 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2002-05-23 | Copy of formal judgment being prepared | |
| 2002-05-23 | Notice of deposit of judgment sent to all parties | |
| 2002-05-21 |
Judgment on the appeal rendered, Ia Ba Bi Arb LeB, Iacobucci J. (orally): Mr. Burrill, it will not be necessary to hear from you as the Court is ready to pronounce judgment. We are all of the view that, for substantially the reasons of Roscoe J.A., dissenting in the Nova Scotia Court of Appeal, the appeal should be allowed, the judgment of the Court of Appeal should be set aside, and the judgment of the trial judge should be restored. Allowed |
|
| 2002-05-21 |
Hearing of the appeal, 2002-05-21, (V040), Ia Ba Bi Arb LeB Judgment rendered |
|
| 2002-05-21 | Acknowledgement and consent for video taping of proceedings | |
| 2002-05-15 | Notice of appearance, of Kenneth W.F. Fiske, Q.C. and Peter P. Rosinski at the hearing of the appeal | Her Majesty the Queen |
| 2002-03-12 | Notice of hearing | Michael Derrick Robicheau |
| 2002-03-08 |
Appeal hearing scheduled, 2002-05-21 Judgment rendered |
|
| 2002-01-15 | Appeal removed from the list, of Winter session | |
| 2002-01-15 | Order on motion to adjourn the hearing of the appeal, (by the judge) | |
| 2002-01-15 |
Decision on motion to adjourn the hearing of the appeal, CJ, The motion on behalf of the appellant for an order adjourning the hearing of the appeal to Spring 2002 session. Granted |
|
| 2002-01-15 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2002-01-14 | Response to the motion to adjourn the hearing of the appeal, Completed on: 2002-01-14 | Her Majesty the Queen |
| 2002-01-14 | Motion to adjourn the hearing of the appeal, to the Spring session, Completed on: 2002-01-14 | Michael Derrick Robicheau |
| 2001-12-13 | Notice of hearing | Michael Derrick Robicheau |
| 2001-12-04 | Appeal hearing scheduled, 2002-01-25 | |
| 2001-11-23 | Order on motion to extend time | |
| 2001-11-23 |
Decision on motion to extend time, Reg, to serve and file the respondent's factum to Nov. 14, 2001. Granted, no order as to costs |
|
| 2001-11-23 | Submission of motion to extend time, Reg | |
| 2001-11-22 | Response to motion to extend time, (Letter Form), Completed on: 2001-11-22 | Michael Derrick Robicheau |
| 2001-11-14 | Respondent's factum, Completed on: 2001-11-14 | Her Majesty the Queen |
| 2001-11-14 | Motion to extend time, to file the respondent's response to Nov. 14/01, Completed on: 2001-11-14 | Her Majesty the Queen |
| 2001-10-31 | Correspondence received from, S. Grace dated Oct. 31, 2001 (fax copy) re: will file the factum and authorities by Nov. 9, 2001 | Her Majesty the Queen |
| 2001-10-10 | Appeal perfected for hearing, Session beginning on 2002-04-15, (previously inscribed for the Winter session see order dated Jan. 15) | |
| 2001-08-15 | Appellant's book of authorities, Completed on: 2001-08-15 | Michael Derrick Robicheau |
| 2001-08-15 | Appellant's factum, Completed on: 2001-08-15 | Michael Derrick Robicheau |
| 2001-08-02 | Appellant's record, (returned for corrections on August 8, 2001 - back Aug. 17/01), Completed on: 2001-08-17 | Michael Derrick Robicheau |
| 2001-05-03 | Letter acknowledging receipt of notice of appeal | |
| 2001-04-19 | Notice of appeal, (Reasons missing - rec'd May 2/01), Completed on: 2001-05-02 | Michael Derrick Robicheau |
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 |
|---|---|---|
| Robicheau, Michael Derrick | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Robicheau, Michael Derrick
Counsel
400 - 5475 Spring Garden Road
Halifax, Nova Scotia
B3J 3T2
Telephone: (902) 420-6580
FAX: (902) 420-1260
Email: roger.burrill@nslegalaid.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
Party: Her Majesty the Queen
Counsel
Peter P. Rosinski
Maritime Centre, Suite 1225
1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Telephone: (902) 424-6794
FAX: (902) 424-0653
Agent
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Email: sgrace@macorlaw.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
Provincial Court of Nova Scotia
Aquittal of sexual assult, but convection of the included offence of assault.
Nova Scotia Court of Appeal
162652
Appeal allowed; verdict of acquittal of sexual assault set aside and new trial ordered on charges of sexual assault.
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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