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.
30950
Grant Wayne Krieger v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2006-10-27 | Appeal closed | |
| 2006-10-27 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-10-27 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-10-26 |
Judgment on the appeal rendered, CJ Ba Bi De F Abe Cha, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 0301-0377A, dated April 25, 2005, heard on January 12, 2006 is allowed, the appellant's conviction is quashed and a trial before judge and jury in accordance with the appellant's election on the indictment is ordered. Allowed |
|
| 2006-01-27 | Transcript received, (67 pages) | |
| 2006-01-12 | Judgment reserved OR rendered with reasons to follow | |
| 2006-01-12 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2006-01-12 |
Hearing of the appeal, 2006-01-12, CJ Ba Bi De F Abe Cha Judgment reserved |
|
| 2006-01-10 | Notice of appearance, C. John Hooker and Henry S. Brown, Q.C. will be appearing. | Grant Wayne Krieger |
| 2005-12-29 | Notice of appearance, Peter DeFreitas and Jolaine Antonio will be appearing. | Her Majesty the Queen |
| 2005-12-08 | Notice of hearing sent to parties | |
| 2005-12-08 |
Appeal hearing scheduled, 2006-01-12, previously Jan. 13/06 Judgment reserved |
|
| 2005-11-24 | Respondent's book of authorities, (15 copies), Completed on: 2005-11-24 | Her Majesty the Queen |
| 2005-11-24 | Respondent's factum, Completed on: 2005-11-24 | Her Majesty the Queen |
| 2005-11-02 | Intervener's factum, (CD rec'd Nov. 9/05), Completed on: 2005-11-09 | Criminal Lawyers' Association (Ontario) |
| 2005-11-02 |
Order by, Cha, FURTHER TO THE ORDER of Charron J. dated September 27, 2005, granting leave to intervene to the Criminal Lawyers' Association (Ontario); 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 |
|
| 2005-10-12 | Appeal perfected for hearing | |
| 2005-09-27 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2005-09-27 |
Decision on the motion for leave to intervene, Cha, The motion for leave to intervene of the applicant, the Criminal Lawyers' Association (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 November 2, 2005. 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 to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. IT IS HEREBY FURTHER ORDERED THAT: The respondent shall serve and file its factum, record and book of authorities on or before November 24, 2005. Granted |
|
| 2005-09-27 | Submission of motion for leave to intervene, Cha | |
| 2005-09-27 | Order on motion to extend time | |
| 2005-09-27 |
Decision on motion to extend time, to apply for leave to intervene by the Criminal Lawyers' Association (Ontario), Reg Granted |
|
| 2005-09-27 | Response to motion to extend time, Completed on: 2005-09-27 | Criminal Lawyers' Association (Ontario) |
| 2005-09-26 | Response to motion to extend time, (Letter Form), from R. Frater dated September 26, 2005 (fax copy), Completed on: 2005-09-26 | Her Majesty the Queen |
| 2005-09-21 | Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated Sept. 20/05, Completed on: 2005-09-21 | Grant Wayne Krieger |
| 2005-09-20 | Motion to extend time, to file the motion to intervene to Sept. 16/05 (bookform), Completed on: 2005-09-20 | Criminal Lawyers' Association (Ontario) |
| 2005-09-20 | Response to the motion for leave to intervene, (Letter Form), from Henry S. Brown, Q.C. dated Sept. 19/05, Completed on: 2005-09-20 | Grant Wayne Krieger |
| 2005-09-20 | Response to the motion for leave to intervene, (Letter Form), from Robert Frater dated Sept. 20/05, Completed on: 2005-09-20 | Her Majesty the Queen |
| 2005-09-16 | Motion for leave to intervene, (bookform)(extension requested), Completed on: 2005-09-16 | Criminal Lawyers' Association (Ontario) |
| 2005-08-30 | Order on motion to extend time | |
| 2005-08-30 |
Decision on motion to extend time, to serve and file the appellant's factum and book of authorities to Aug. 17/05, Reg Granted |
|
| 2005-08-30 | Submission of motion to extend time, Reg | |
| 2005-08-23 | Response to motion to extend time, (Letter Form), from Jolaine Antonio dated Aug. 15/05, Completed on: 2005-08-23 | Her Majesty the Queen |
| 2005-08-23 | Motion to extend time, to file the appellant's factum & authorities to Aug. 17/05, Completed on: 2005-08-30 | Grant Wayne Krieger |
| 2005-08-17 | Appellant's book of authorities, Completed on: 2005-08-17 | Grant Wayne Krieger |
| 2005-08-17 | Appellant's factum, CD recvd - Amended CD rec'd Sept. 15/05 - Motion for extension of time requested., Completed on: 2005-08-17 | Grant Wayne Krieger |
| 2005-07-11 | Appellant's record, Vol. I & II, Completed on: 2005-07-11 | Grant Wayne Krieger |
| 2005-06-01 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2005-05-18 | Notice of appeal, Completed on: 2005-05-18 | Grant Wayne Krieger |
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 |
|---|---|---|
| Krieger, Grant Wayne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
Counsel
Party: Krieger, Grant Wayne
Counsel
Henry S. Brown, Q.C.
615 Macleod Trail, S.E.
Calgary, Alberta
T2G 4T8
Telephone: (403) 262-7722
FAX: (403) 262-5991
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Jolaine Antonio
Nick Devlin
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3749
FAX: (416) 973-8253
Email: peter.defreit@justice.gc.ca
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Criminal Lawyers' Association (Ontario)
Counsel
Marie Henein
Faculty of Law
Macdonald Hall, Union Street
Kingston, Ontario
K7L 3N6
Telephone: (613) 533-6000 Ext: 75956
FAX: (613) 533-6509
Agent
500 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 236-0535
FAX: (613) 236-6958
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.
In 1999, Health Canada had a program to allow people to possess marijuana for medical use, but there was no program in place for the provision of marijuana for medical use. Krieger has multiple sclerosis and uses marijuana to ease his symptoms. As a member of a “Compassion Club”, Krieger grew and provided marijuana to others in similar circumstances.
Krieger was charged with drug offences, and used the defence of necessity. The trial took place before a judge and jury. Two jurors asked to be excused on the basis that their consciences could not allow them to convict Krieger. The trial judge refused to excuse them, essentially advising them that they had no choice but to convict, given Krieger’s admissions. Krieger’s appeal was dismissed. The majority of the Court took the view that the potential for jury nullification was not a ground for a new trial, and applied the proviso in s. 686 of the Criminal Code. Fraser C.J.A. dissenting, would not have applied the proviso because a trial judge is not entitled to eliminate the possibility of jury nullification.
Lower court rulings
Court of Appeal of Alberta (Calgary)
0301-0377A
See file
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