Case information
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30314
C.D.K. v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-01-12 | Appeal closed | |
| 2005-12-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-12-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-12-16 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0303-0395-A, 2004 ABCA 77, dated March 10, 2004, heard on April 14, 2005, is allowed, the custodial sentence is quashed and this matter is sent back to the sentencing judge so that an appropriate sentence, be it custodial or non-custodial, can be determined. Allowed |
|
| 2005-04-29 | Transcript received, 66 pages (joint with 30254) | |
| 2005-04-14 | Judgment reserved OR rendered with reasons to follow | |
| 2005-04-14 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2005-04-14 |
Hearing of the appeal, 2005-04-14, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-04-11 | Order on motion to extend time | |
| 2005-04-11 | Order on motion to extend time | |
| 2005-04-11 |
Decision on motion to extend time, to serve and file the intervener, Canadian Foundation for Children, Youth and the Law, factum and book of authorities to Mar. 30/05 and to present an oral argument at the hearing of the appeal, Bi Granted |
|
| 2005-04-11 |
Decision on motion to extend time, Bi, to serve and file the intervener, A.G.B.C., factum and book of authorities to Apr. 5/05 and to present an oral argument at the hearing of the appeal Granted |
|
| 2005-04-11 | Submission of motion to extend time, Bi | |
| 2005-04-08 | Response to motion to extend time, e-mail from Gowlings dated Apr. 8/05 (joint with 30254), Completed on: 2005-04-08 | Her Majesty the Queen |
| 2005-04-05 | Motion to extend time, to file the factum and authorities to April 5, 2005 and present oral argument, Completed on: 2005-04-05 | Attorney General of British Columbia |
| 2005-04-05 | Book of authorities, (joint with 30254), Completed on: 2005-04-05 | Attorney General of British Columbia |
| 2005-04-05 | Intervener's factum, (joint with 30254), Completed on: 2005-04-05 | Attorney General of British Columbia |
| 2005-04-05 | Response to motion to extend time, (Letter Form), from Gowlings dated April 4, 2005 (via e-mail)(joint with 30254), Completed on: 2005-04-05 | Her Majesty the Queen |
| 2005-04-05 | Motion to extend time, to file the factum and authorities to March 30, 2005 and to present oral arguments (joint with 30254) - book form, Completed on: 2005-04-05 | Canadian Foundation of Children, Youth and the Law |
| 2005-04-05 | Notice of appearance, James C. Robb, Q.C. will be present at the hearing. | Her Majesty the Queen |
| 2005-04-05 | Notice of appearance, Dale Tesarowski and Jo-Ann Natuik will be present at the hearing. | Attorney General of Manitoba |
| 2005-03-30 | Book of authorities, (extension of time and proof of delivery requested), Completed on: 2005-04-05 | Canadian Foundation of Children, Youth and the Law |
| 2005-03-30 | Intervener's factum, (extension and proof of delivery requested)(due to March 29, 2005 as per Justice Binnie's order dated March 15, 2005) - joint with 30254), Completed on: 2005-04-05 | Canadian Foundation of Children, Youth and the Law |
| 2005-03-29 | Book of authorities, (Joint with 30254), Completed on: 2005-03-29 | Attorney General of Manitoba |
| 2005-03-29 | Intervener's factum, (Joint with 30254), Completed on: 2005-03-29 | Attorney General of Manitoba |
| 2005-03-29 | Book of authorities, (Joint with 30254), Completed on: 2005-03-29 | Attorney General of Ontario |
| 2005-03-29 | Intervener's factum, (Joint with 30254), Completed on: 2005-03-29 | Attorney General of Ontario |
| 2005-03-29 | Correspondence received from, L.A. Chapman dated March 29, 2005 (fax copy) re: intervener's factum and authorities | Canadian Foundation of Children, Youth and the Law |
| 2005-03-17 | Correspondence (sent by the Court) to, all parties; the agenda wil not be changed and the appeals will be heard as scheduled | |
| 2005-03-16 |
Order by, Bi, FURTHER TO THE ORDER of Binnie J. dated March 15, 2005, granting leave to intervene to the Attorney General of Ontario, the Attorney General of British Columbia, the Attorney General of Manitoba and the Canadian Foundation for Children, Youth and the Law, and having regard to the shortness of time before the hearing of this appeal; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. IT IS HEREBY FURTHER ORDERED THAT the respondent is granted leave to file a reply factum not to exceed 5 pages in length on or before April 4, 2005. Granted |
|
| 2005-03-15 | Order on motion for leave to intervene, (BY BINNIE J.) | |
| 2005-03-15 |
Decision on the motion for leave to intervene, Bi, The motion for leave to intervene of the applicant, Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 29, 2005. The motion for leave to intervene of the applicant, Attorney General of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 29, 2005. The motion for leave to intervene of the applicant, Attorney General of Manitoba, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 29, 2005. The motion to extend the time to apply for leave to intervene and for leave to intervene of the applicant, Canadian Foundation for Children, Youth and the Law, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before March 29, 2005. The request to present oral argument is deferred to a date following the perfecting of the appeal. The interveners 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 interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2005-03-15 | Submission of motion for leave to intervene, Bi | |
| 2005-03-11 | Response to the motion for leave to intervene, (Letter Form), from James C. Robb, Q.C. dated March 11/05 (by CFCYL) (joint with 30214) (also re: hearing of this appeal with 2 other cases), Completed on: 2005-03-11 | Her Majesty the Queen |
| 2005-03-09 | Response to the motion for leave to intervene, (Letter Form), from Charles Seto dated March 08/05 (by CFCYL) (joint with 30254), Completed on: 2005-03-09 | C.D.K. |
| 2005-03-08 | Motion for leave to intervene, bookform (joint with an extension of time) (joint with 30254), Completed on: 2005-03-08 | Canadian Foundation of Children, Youth and the Law |
| 2005-03-08 | Appeal perfected for hearing | |
| 2005-03-03 | Respondent's factum, Completed on: 2005-03-08 | Her Majesty the Queen |
| 2005-03-03 | Respondent's book of authorities, Completed on: 2005-03-08 | Her Majesty the Queen |
| 2005-03-03 | Reply to the motion for leave to intervene, (Letter Form), from Kathleen Ker dated March 2/05 (joint with 30254), Completed on: 2005-03-03 | Attorney General of British Columbia |
| 2005-03-02 |
Decision on motion to extend time, to serve and file the appellants' joint book of authorities to Feb. 25/05, Reg Granted |
|
| 2005-03-02 | Submission of motion to extend time, Reg | |
| 2005-03-02 | Correspondence received from, Gowlings re: concern with respect to scheduling (joint with 30254) | Her Majesty the Queen |
| 2005-03-01 | Notice of hearing sent to parties | |
| 2005-03-01 |
Appeal hearing scheduled, 2005-04-14 Judgment reserved |
|
| 2005-02-28 | Response to motion to extend time, (joint with 30254), Completed on: 2005-02-28 | Her Majesty the Queen |
| 2005-02-28 | Motion to extend time, to file the book of authorities to Feb. 25/05 (joint with 30254), Completed on: 2005-02-28 | C.D.K. |
| 2005-02-25 | Appellant's book of authorities, (joint with 30254), Completed on: 2005-02-25 | C.D.K. |
| 2005-02-24 | Reply to the motion for leave to intervene, (Letter Form), from Miriam Bloomenfeld dated Feb. 24/05 (joint with 30254), Completed on: 2005-02-24 | Attorney General of Ontario |
| 2005-02-21 | Response to the motion for leave to intervene, e-mail from Charles Seto dated Feb. 18/05 (to all interveners) (joint with 30254), Completed on: 2005-02-24 | C.D.K. |
| 2005-02-14 | Response to the motion for leave to intervene, e-mail from Gowlings dated Fev. 14/05 (to all interveners)(joint with 30254), Completed on: 2005-02-14 | Her Majesty the Queen |
| 2005-02-11 | Motion for leave to intervene, (joint with 30254), Completed on: 2005-02-11 | Attorney General of Manitoba |
| 2005-02-11 | Motion for leave to intervene, (joint with 30254), Completed on: 2005-02-11 | Attorney General of British Columbia |
| 2005-02-10 | Motion for leave to intervene, (joint with 30254), Completed on: 2005-02-16 | Attorney General of Ontario |
| 2005-01-28 | Appellant's record, Completed on: 2005-01-28 | C.D.K. |
| 2005-01-14 | General proceeding, Notice of change of Agents from Edelson & Ass. to Burke-Robertson | C.D.K. |
| 2005-01-14 | Appellant's factum, Completed on: 2005-01-14 | C.D.K. |
| 2004-11-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-11-05 | Notice of appeal, Completed on: 2004-11-05 | C.D.K. |
| 2004-10-08 | Judgment on leave sent to the parties | |
| 2004-10-07 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time to file a reply is granted and the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0303-0395-A, dated March 10, 2004, is granted. This case will be heard with C.D. v. Her Majesty the Queen (30254). Granted |
|
| 2004-10-07 |
Decision on motion to extend time Granted |
|
| 2004-07-26 | Submission of motion to extend time, Ma Bi F | |
| 2004-07-26 | All materials on application for leave submitted to the Judges, Ma Bi F | |
| 2004-06-11 | Response to motion to extend time, (included at page 13 of the reply), Completed on: 2004-06-11 | C.D.K. |
| 2004-06-11 | Motion to extend time, Joint with 30254 (included in Reply), Completed on: 2004-07-23 | C.D.K. |
| 2004-06-11 | Applicant's reply to respondent's argument, Joint with 30254 (Motion for extension of time included), Completed on: 2004-07-13 | C.D.K. |
| 2004-06-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-05-28 | Respondent's response on the application for leave to appeal, Completed on: 2004-05-28 | Her Majesty the Queen |
| 2004-04-30 | Application for leave to appeal, Completed on: 2004-06-11 | C.D.K. |
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 |
|---|---|---|
| C.D.K. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Canadian Foundation of Children, Youth and the Law | Intervener | Active |
Counsel
Party: C.D.K.
Counsel
Patricia Yuzwenko
600, 10310 Jasper Avenue
Edmonton, Alberta
T5J 2W4
Telephone: (780) 422-8383
FAX: (780) 427-9367
Email: cseto@ycdo.ca
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
Counsel
9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: james.robb@gov.ab.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: Attorney General of Ontario
Counsel
720 Bay St
10th Fl
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4554
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of British Columbia
Counsel
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: kate.ker@gems5.gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Manitoba
Counsel
5th Floor - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-0833
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
Party: Canadian Foundation of Children, Youth and the Law
Counsel
Emily Chan
Lee Ann Chapman
415 Yonge Street
Suite 1203
Toronto, Ontario
M5B 2E7
Telephone: (416) 920-1633
FAX: (416) 920-5855
Email: milnec@lao.on.ca
Agent
406 - 1355 Bank St
Ottawa, Ontario
K1H 8K7
Telephone: (613) 733-0140
FAX: (613) 733-0401
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 Court of Appeal set out the following facts. The Appellant stole a vehicle and became involved in a high speed police chase in Edmonton. He ran two red lights and one stop sign. He drove at speeds up to 120 km/h in 60 km/h zones. After more than thirty minutes of pursuit, a spike belt deflated all four tires of the stolen vehicle and the vehicle collided with a fence. The Appellant pleaded guilty to charges of dangerous driving and possession of stolen property. A pre-sentence report recommended closed custody followed by probation. The sentencing judge imposed six months of deferred custody subject to the mandatory conditions and one year of probation. Two weeks after sentencing, the Appellant was found in possession of a concealed weapon. He was returned to custody but released on bail pending the appeal below. At the time of his appeal from sentence, he appeared to be observing the terms of his bail. The Court of Appeal applied C.D. v. Her Majesty the Queen, 2004 ABCA 14, (SCC File No. 30254) and held that the Appellant's acts constituted a violent offence such that the trial judge could order deferred custody. The Court of Appeal deferred the issue of the appropriateness of the Appellant's sentence.
Lower court rulings
Provincial Court of Alberta
030720205Y
Convictions for dangerous driving, possession of stolen property and theft under $5000; Sentence to 6 months of deferred custody and one year of probation
Court of Appeal of Alberta (Edmonton)
0303-0395-A, 2004 ABCA 77
Appeal from sentenced 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
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