Case information
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30045
Christiano Daniel Justin Paice v. Her Majesty the Queen
(Saskatchewan) (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) |
|---|---|---|
| 2005-06-16 | Record returned to the Registrar of the Court of Appeal | |
| 2005-04-25 | Appeal closed | |
| 2005-04-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-04-22 |
Judgment on the appeal rendered, Ma Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number 582, dated September 15, 2003, heard on December 15, 2004, is dismissed and the order for a new trial is confirmed. Dismissed |
|
| 2005-01-05 | Transcript received, 61 pages | |
| 2004-12-15 | Judgment reserved OR rendered with reasons to follow | |
| 2004-12-15 | Supplemental document, Submitted in Court, Kerr decision from SCC (14 copies) | Christiano Daniel Justin Paice |
| 2004-12-15 | Appellant's condensed book, Submitted in Court (14 copies) | Christiano Daniel Justin Paice |
| 2004-12-15 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-12-15 |
Hearing of the appeal, 2004-12-15, Ma Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-12-14 | Order on motion to extend time | |
| 2004-12-14 |
Decision on motion to extend time, to serve and file the intervener, the Attorney General of Ontario, book of authorities to Dec. 10/04, Reg Granted |
|
| 2004-12-14 | Submission of motion to extend time, Reg | |
| 2004-12-14 | Response to motion to extend time, Completed on: 2004-12-14 | Her Majesty the Queen |
| 2004-12-13 | Notice of appearance, Michael Bernstein and Greg Tweney will be present at the hearing. | Attorney General of Ontario |
| 2004-12-13 | Motion to extend time, to file the book of authorities to Dec. 10/04, Completed on: 2004-12-13 | Attorney General of Ontario |
| 2004-12-10 | Book of authorities, 14 copies from A. G. of Ontario, Completed on: 2004-12-10 | Attorney General of Ontario |
| 2004-12-08 |
Order by, Abe, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal and pursuant to the order of October 5, 2004; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2004-12-02 | Notice of appearance, Aaron A. Fox and James Korpan will be present at the hearing. | Christiano Daniel Justin Paice |
| 2004-11-30 | Intervener's factum, Completed on: 2004-11-30 | Attorney General of Ontario |
| 2004-10-05 | Order on motion for leave to intervene, (BY ABELLA J.) | |
| 2004-10-05 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Attorney General of Ontario for leave to intervene on the first two grounds raised by the appellant in order to provide this Court with written submissions and brief oral argument on the meaning of "consent fight" and on the scope and application of the defence of self-defence in cases involving a "consent fight" in the above appeal; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion for leave to intervene on the first two grounds raised by the appellant, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by the intervention. Granted |
|
| 2004-10-04 | Submission of motion for leave to intervene, Abe | |
| 2004-09-28 | Reply to the motion for leave to intervene, e-mail from K. Collins dated 09/28/04 re: will not file a reply, Completed on: 2004-09-28 | Attorney General of Ontario |
| 2004-09-21 | Appeal perfected for hearing | |
| 2004-09-20 | Respondent's record, Completed on: 2004-09-20 | Her Majesty the Queen |
| 2004-09-20 | Respondent's book of authorities, Completed on: 2004-09-20 | Her Majesty the Queen |
| 2004-09-20 | Respondent's factum, Completed on: 2004-09-20 | Her Majesty the Queen |
| 2004-09-15 | Notice of hearing sent to parties | |
| 2004-09-15 |
Appeal hearing scheduled, 2004-12-15, (Previously Jan. 21/04) Judgment reserved |
|
| 2004-09-07 | Response to the motion for leave to intervene, e-mail from Gowlings dated 09/03/04, Completed on: 2004-09-07 | Her Majesty the Queen |
| 2004-09-03 | Response to the motion for leave to intervene, Completed on: 2004-09-03 | Christiano Daniel Justin Paice |
| 2004-08-25 | Motion for leave to intervene, Completed on: 2004-08-25 | Attorney General of Ontario |
| 2004-07-28 | E-filing e-mail confirmation | |
| 2004-07-28 | Appellant's book of authorities, (served by CD with prior written consent), Completed on: 2004-07-28 | Christiano Daniel Justin Paice |
| 2004-07-27 | Appellant's factum, (served by CD with prior written consent), Completed on: 2004-07-28 | Christiano Daniel Justin Paice |
| 2004-07-27 | Appellant's record, (served by CD with prior written consent), Completed on: 2004-07-28 | Christiano Daniel Justin Paice |
| 2004-05-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-05-06 | Appeal court record, (1 box - joint with Trial Court record) | |
| 2004-05-05 | Notice of appeal, Completed on: 2004-05-05 | Christiano Daniel Justin Paice |
| 2004-04-23 | Judgment on leave sent to the parties | |
| 2004-04-22 |
Judgment of the Court on the application for leave to appeal, After hearing the parties on the leave application on April 19, 2004, the application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 582 - 2003 SKCA 89, dated September 15, 2003, is granted. Granted |
|
| 2004-04-19 | Hearing of the application for leave to appeal, 2004-04-19, CJ Ma F | |
| 2004-04-19 | Judgment reserved OR rendered with reasons to follow | |
| 2004-04-07 | Correspondence (sent by the Court) to, all parties re: videoconferencing for April 19/04 | |
| 2004-04-02 |
Order by, An oral hearing is ordered to decide whether this application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 582, dated September 15, 2003, should be granted. , CJ Ma F |
|
| 2004-02-02 | All materials on application for leave submitted to the Judges, 2004-04-19, CJ Ma F | |
| 2004-02-02 | Correspondence received from, J. Beedell dated Feb. 2, 2004 (fax copy) re: requesting an oral hearing under s.43(1.2) | Christiano Daniel Justin Paice |
| 2003-12-19 | Applicant's reply to respondent's argument, Completed on: 2003-12-19 | Christiano Daniel Justin Paice |
| 2003-12-10 | Respondent's response on the application for leave to appeal, Completed on: 2003-12-10 | Her Majesty the Queen |
| 2003-12-05 | Correspondence (sent by the Court) to, Jeff Beedell, transc. in Tab 3A accepted as Trial Court Order, CA Order requested with signatures of CA reasons. | |
| 2003-12-04 | Correspondence received from, Jeff Beedell, no Trial Order filed with the Court, Transcript of oral judgment in Tab3A | Christiano Daniel Justin Paice |
| 2003-11-18 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2003-11-14 | Application for leave to appeal, (Appeal court reasons requested with signature)(official version of reasons for judgment of C.A. received on Jan. 2, 2004), Completed on: 2004-01-08 | Christiano Daniel Justin Paice |
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 |
|---|---|---|
| Paice, Christiano Daniel Justin | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Paice, Christiano Daniel Justin
Counsel
700 Royal Bank Building
2010 - 11th Ave.
Regina, Saskatchewan
S4P 0J3
Telephone: (306) 757-1641
FAX: (306) 359-0785
Email: afox@mcdougallgauley.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Her Majesty the Queen
Counsel
3rd Floor, 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
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 Ontario
Counsel
Carol A. Brewer
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2302
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
The Appellant, Christiano Daniel Justin Paice, and the deceased, Clinton Bauck, were each drinking with friends in a bar. After an altercation between the two groups, the deceased challenged the Appellant to go outside and fight. The challenge was accepted and the parties went to the parking lot, each accompanied by their friends. Once outside, the two exchanged threats. The deceased shoved the Appellant with both hands, causing him to lose his balance and stumble backward a few steps. The Appellant then swung with his elbow and struck the deceased on the left side of his jaw, after which the deceased fell backwards onto the pavement. His head bounced on the ground. The Appellant then straddled the deceased and struck him twice more in the head or face with his fist. The deceased did not regain consciousness and was declared dead shortly afterwards.
The Appellant was charged with manslaughter contrary to section 236(b) of the Criminal Code. He was acquitted of the charge by the Court of Queen’s Bench of Saskatchewan. The Court of Appeal for Saskatchewan allowed the appeal, set aside the acquittal, and ordered a new trial.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
3367
Appellant acquitted of a charge of manslaughter contrary to Section 236(b) of the Criminal Code
Court of Appeal for Saskatchewan
582
Respondent's appeal allowed, acquittal set aside and a new trial ordered
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
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