Case information
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31161
Edgar Richard Goforth 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) |
|---|---|---|
| 2006-01-11 | Close file on Leave | |
| 2006-01-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-01-09 | Judgment on leave sent to the parties | |
| 2005-12-22 |
Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time to apply for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Number 847, 2005 SKCA 12, dated February 1, 2005, is dismissed. Dismissed |
|
| 2005-12-05 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-12-05 | Submission of motion to extend time to file and/ or serve the leave application, Ma F Abe | |
| 2005-11-16 | Order on motion to extend time | |
| 2005-11-16 |
Decision on motion to extend time, to serve and file the applicant's reply to Oct. 26/05, Reg Granted |
|
| 2005-11-16 | Submission of motion to extend time, Reg | |
| 2005-11-15 | Response to motion to extend time, (Letter Form), from W. Dean Sinclair dated Nov. 15/05, Completed on: 2005-11-15 | Her Majesty the Queen |
| 2005-11-02 | Motion to extend time, to file the applicant's reply, Completed on: 2005-11-02 | Edgar Richard Goforth |
| 2005-10-26 | Applicant's reply to respondent's argument, (extension rec'd Nov 2/05), Completed on: 2005-11-02 | Edgar Richard Goforth |
| 2005-10-13 | Respondent's response on the application for leave to appeal, Service missing (Recv'd Oct. 28, 05)., Completed on: 2005-10-28 | Her Majesty the Queen |
| 2005-10-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-10-03 | Motion to extend the time to file and or serve the application for leave to appeal, Included in the application for leave to appeal, Completed on: 2005-10-03 | Edgar Richard Goforth |
| 2005-10-03 | Application for leave to appeal, Completed on: 2005-10-03 | Edgar Richard Goforth |
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 |
|---|---|---|
| Goforth, Edgar Richard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Goforth, Edgar Richard
Counsel
300 MacLean Block
10110 - 107 Street N.W.
Edmonton, Alberta
T5J 1J4
Telephone: (780) 421-4766
FAX: (780) 429-0346
Email: bloos@appeals.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
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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 Applicant, Edgar Goforth, was charged with three offences including assault with the use of a weapon. The charges arose out of an attack upon a woman with whom he and others had been drinking. He hit her five to eight times with a large wine bottle. She had no broken bones but her right arm and rib cage had been struck and were painful. Shortly afterwards, she reported the incident to police who took Goforth into custody but not without having to subdue him after he had approached them with a knife in hand. The trial judge convicted Goforth on the charge of assault with the use of a weapon and stayed the others.
Goforth had a lengthy criminal record including convictions involving violence. The Crown moved to have Goforth sentenced as either a dangerous offender or a long-term offender and applied to the trial judge for an order under s. 752.1 of the Criminal Code. The trial judge dismissed the application on the basis that Goforth's latest offence did not amount to a ‘serious personal injury offence'. This decision was overturned on appeal and the case returned to the trial judge for reconsideration of the dangerous/long-term offender application.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
NJ 33/03
Respondent's application for remand for assessment pursuant to s.752.1 of the Criminal Code dismissed
Court of Appeal for Saskatchewan
847, 2005 SKCA 12
Appeal allowed; Remand application remited to the trial judge for consideration of whether the Applicant might be found a dangerous offender under s.753 or a long term offender under s.753.1
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 613-996-8666 or at 1-844-365-9662.
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
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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