Case information
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30376
Her Majesty the Queen v. R.L.
(Ontario) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2005-05-03 | Appeal closed | |
| 2005-04-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-04-14 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Ontario, Number C39587, dated May 12, 2004, was heard on February 11, 2005, and today the following judgment was rendered: The Court — We are of the view that the dissent in the Court of Appeal does not raise an issue of law, as required by s. 693(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46. Accordingly, the appeal is quashed. Quashed |
|
| 2005-03-02 | Transcript received, (43 pages) | |
| 2005-02-11 | Judgment reserved OR rendered with reasons to follow | |
| 2005-02-11 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2005-02-11 | Appellant's condensed book, 14 copies | Her Majesty the Queen |
| 2005-02-11 |
Hearing of the appeal, 2005-02-11, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-02-08 | Notice of appearance, Ruin Shandler and Benita Wassenaar will be present at the hearing. | Her Majesty the Queen |
| 2005-02-03 | Order on motion to file a reply factum on appeal | |
| 2005-02-03 |
Decision on the motion to file a reply factum on appeal, and to extend the time to serve and file the appellant's reply factum to Feb. 1/05, De Granted |
|
| 2005-02-03 | Submission of motion to file a reply factum on appeal, De | |
| 2005-02-03 | Response to motion to file a reply factum on appeal, (Letter Form), from Andrew Raven dated Feb. 3/05, Completed on: 2005-02-03 | R.L. |
| 2005-02-01 | Appellant's book of authorities, REPLY (with reply factum)(sent to the Court Feb. 4/05), Completed on: 2005-02-01 | Her Majesty the Queen |
| 2005-02-01 | Reply factum on appeal, (see order of Feb. 3/05)(sent to the Court Feb.4/05), Completed on: 2005-02-01 | Her Majesty the Queen |
| 2005-02-01 | Notice of appearance, Paul K. Burstein and Karen B. Unger will be present at the hearing. Revised letter recvd Feb 7/05 advising that only Mr. Burstein will be present. | Her Majesty the Queen |
| 2005-02-01 | Motion to file a reply factum on appeal, with a book of authorities (joint with extension of time), Completed on: 2005-02-01 | Her Majesty the Queen |
| 2005-01-18 | Order on motion to extend time, (BY BASTARACHE J.) | |
| 2005-01-18 |
Decision on motion to extend time, Ba, The motion of the respondent for an order extending the time to serve and file its factum and its book of authorities to January 6, 2005, is granted. The respondent is granted permission to present oral argument at the hearing of this appeal. Granted |
|
| 2005-01-18 | Submission of motion to extend time, Ba | |
| 2005-01-18 | Response to motion to extend time, e-mail from Burke-Robertson dated Jan. 18/05, Completed on: 2005-01-18 | Her Majesty the Queen |
| 2005-01-06 | Motion to extend time, to file the respondent's factum and authorities to Jan. 7/05 (bookform), Completed on: 2005-01-06 | R.L. |
| 2005-01-06 | Respondent's book of authorities, Completed on: 2005-01-06 | R.L. |
| 2005-01-06 | Respondent's factum, Completed on: 2005-01-06 | R.L. |
| 2004-11-25 | Notice of hearing sent to parties | |
| 2004-11-25 |
Appeal hearing scheduled, 2005-02-11 Judgment reserved |
|
| 2004-10-25 | Appeal perfected for hearing | |
| 2004-08-30 | Appellant's book of authorities, Completed on: 2004-08-30 | Her Majesty the Queen |
| 2004-08-30 | Appellant's record, (3 vols.), Completed on: 2004-08-30 | Her Majesty the Queen |
| 2004-08-30 | Appellant's factum, Completed on: 2004-08-30 | Her Majesty the Queen |
| 2004-06-17 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2004-06-08 | Notice of appeal, Completed on: 2004-06-08 | 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
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| R.L. | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Paul K. Burstein
Karen B. Unger
Benita Wassenaar
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2353
FAX: (416) 326-4656
Email: riun.shandler@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: R.L.
Counsel
127 John Street
Toronto, Ontario
M5V 2E2
Telephone: (416) 204-1825
FAX: (416) 204-1849
Email: paul@127 john.com
Agent
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: araven@ravenlaw.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 Respondent was charged with sexual interference and sexual assault of a child he babysat for a friend. S.M. was between the ages of 5 and one-half and 12 when the offences are alleged to have taken place. She was 14 when the matter was reported to the authorities and 17 at the time of trial. The Respondent denied the allegations.
At trial, the trial judge rejected the evidence of the Respondent and convicted him of the offences of sexual interference with a girl under the age of fourteen years, and of sexual assault. On appeal, the majority of the Court of Appeal found that the trial judge had erred in rejecting the evidence of the Respondent on the basis of his demeanour and a factor not borne out by the evidence, set aside the conviction and ordered a new trial. Weiler J.A. dissenting held that the trial judge had not erred in assessing the credibility of the witnesses. She did not read his reasons as indicating that he had committed a material misapprehension of the evidence nor as revealing any palpable and overriding error with respect to his findings of fact.
Lower court rulings
Ontario Superior Court of Justice
Conviction: Sexual interference upon a person under the age of 14 and sexual assault
Court of Appeal for Ontario
C39587
Appeal allowed
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