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29331

Her Majesty the Queen v. James David Knight

(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)
2003-04-04 Appeal closed
2003-03-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-03-20 Respondent's condensed book James David Knight
2003-03-20 Acknowledgement and consent for video taping of proceedings, (joint with 29332)
2003-03-20 Judgment on the appeal rendered, CJ G Bi Arb LeB, The appeals from the judgment of the Court of Appeal of Alberta (Edmonton), Numbers 0103-0196-A3 and 0103-0209-A3, dated July 16, 2002, were heard this day and the following judgment was rendered:
Arbour J. (orally) —
These are appeals as of right, involving the issue of whether a verdict for manslaughter was unreasonable.
We agree with Justice Paperny that it was open to the trial judge to conclude as he did that the severe assaults by the respondents caused the death of the victim. It is therefore not necessary in our view to reach any conclusion as to whether leaving the victim unconscious and unclothed by the railway tracks was a contributing cause of death.
The appeals are allowed. The judgment of the Alberta Court of Appeal is set aside and the convictions and sentences entered by Foster J. of the Alberta Court of Queen's Bench are restored.
(Joint with 29332)
Allowed
2003-03-20 Hearing of the appeal, 2003-03-20, (V040), CJ G Bi Arb LeB
Judgment rendered
2003-03-17 Notice of appearance Her Majesty the Queen
2003-03-14 Appellant's condensed book, (joint with 29332) Her Majesty the Queen
2003-03-06 Notice of appearance James David Knight
2003-01-07 Respondent's book of authorities, Completed on: 2003-01-07 James David Knight
2003-01-07 Respondent's record, Completed on: 2003-01-07 James David Knight
2003-01-07 Respondent's factum, Completed on: 2003-01-07 James David Knight
2002-12-23 Appeal perfected for hearing, Session beginning on 2003-01-13
2002-12-23 Appeal hearing scheduled, 2003-03-20
Judgment rendered
2002-12-18 Correspondence received from, J. Beedell dated/datée 18-12-02 re: acknowledge receipt of N. Loreti's letter dated Dec. 11, 2002/accusé de réception de la lettre de N. Loreti datée 11-12-02 James David Knight
2002-12-11 Correspondence (sent by the Court) to, Toutes parties; estimation du temps - All parties; time estimate
2002-11-12 Appellant's book of authorities, (joint with 29332), Completed on: 2002-11-12 Her Majesty the Queen
2002-11-12 Appellant's record, Vol. I to VI (joint with 29332), Completed on: 2002-11-12 Her Majesty the Queen
2002-11-12 Appellant's factum, (joint with 29332), Completed on: 2002-11-12 Her Majesty the Queen
2002-10-24 Supplemental document, 1 copy of amended formal judgment of C.A. Her Majesty the Queen
2002-09-18 Correspondence received from, K. MacDonald dated Sept. 17, 2002 (fax copy) re: will be acting for Mr. Knight James David Knight
2002-09-18 Correspondence (sent by the Court) to, all parties; re: Filing timetable / Tentative hearing date (Mar. 19/03)
2002-08-19 Notice of appeal, (Certificate Form 25B, C/A Reasons enclosed - C/A Order rec'd by fax Sept. 3/02), Completed on: 2002-08-19 Her Majesty the Queen

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
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Knight, James David Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Name
James A. Bowron
Contact information
Attorney General of Alberta
Appeals Branch, Ciminal Justice Division,
3rd Floor, 9833 - 109 Street St.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jim.bowron@gov.ab.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

Party: Knight, James David

Counsel
Name
F. Kirk MacDonald
Contact information
Pringle & Associates
300 - TransAlta Place
10150 - 100 St. N.W.
Edmonton, Alberta
T5J 0P6
Telephone: (780) 424-8866
FAX: (780) 426-1470
Email: KMacdonald@pringleandassociates.com
Agent
Name
David M. Attwater
Contact information
Lang Michener
300 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191

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

March 23, 2001
Court of Queen’s Bench of Alberta

00120052C3

Convictions for manslaughter; convictions for aggravated assault and assault with a weapon conditionally stayed.

July 16, 2002
Court of Appeal of Alberta (Edmonton)

0103-0196-A3

Delivered from the Bench - Reasons filed Aug. 20/02 (see file). Appeal allowed; convictions for mansalughter quashed. As to Knight, conviction for common assault substituted. As to Hay, conviction for aggravated assault substituted, other charges remain

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