Case information
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32603
Kristy Leanne Dudley v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2009-12-22 | Appeal closed | |
| 2009-12-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-12-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-12-17 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0603-0326-A, 2008 ABCA 73, dated March 4, 2008, heard on March 18, 2009, is dismissed. Dismissed |
|
| 2009-06-03 | Correspondence received from, the Alberta Justice re: change of counsel from James A. Bowron to Susan D. Hughson, Q.C. | Her Majesty the Queen |
| 2009-04-24 | Supplemental document, (additional authorities) (sent to the Court April 27/09), Completed on: 2009-04-24 | Director of Public Prosecutions of Canada |
| 2009-04-24 | Supplemental factum, (sent to the Court April 27/09), Completed on: 2009-04-24 | Director of Public Prosecutions of Canada |
| 2009-04-24 | Supplemental factum, joint with supplemental authorities (no CD-ROM) (sent to the Court April 27/09), Completed on: 2009-04-27 | Kristy Leanne Dudley |
| 2009-04-22 | Supplemental document, Supplementary Authorities (service on intervener rec'd April 27/09) (sent to the Court April 27/09), Completed on: 2009-04-27 | Her Majesty the Queen |
| 2009-04-22 | Supplemental factum, (service on intervener rec'd April 27/09) (sent to the Court April 27/09), Completed on: 2009-04-27 | Her Majesty the Queen |
| 2009-03-26 | Transcript received, (57 pages) | |
| 2009-03-20 | Correspondence (sent by the Court) to, all parties re: counsel can make written submissions on the interpretation of s. 786(2) of the Criminal Code by April 17/09 | |
| 2009-03-18 | Judgment reserved OR rendered with reasons to follow | |
| 2009-03-18 | Intervener's condensed book, Submitted in Court (14 copies) | Director of Public Prosecutions of Canada |
| 2009-03-18 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2009-03-18 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2009-03-18 |
Hearing of the appeal, 2009-03-18, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2009-03-10 | Notice of appearance, Gilles Villeneuve and François Lacasse will be present at the hearing. | Director of Public Prosecutions of Canada |
| 2009-03-09 |
Order by, De, FURTHER TO THE ORDER dated February 11, 2009, granting leave to intervene to the Director of Public Prosecutions of Canada; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2009-03-05 | Notice of appearance, James A. Bowron will be appearing. | Her Majesty the Queen |
| 2009-03-04 | Intervener's book of authorities, Completed on: 2009-03-04 | Director of Public Prosecutions of Canada |
| 2009-03-04 | Intervener's factum, Completed on: 2009-03-04 | Director of Public Prosecutions of Canada |
| 2009-03-04 | Notice of appearance, Akram Attia and Daryl J. Royer will be present at the hearing. | Kristy Leanne Dudley |
| 2009-02-13 | Appeal perfected for hearing | |
| 2009-02-12 | Respondent's book of authorities, Completed on: 2009-02-12 | Her Majesty the Queen |
| 2009-02-12 | Respondent's record, Completed on: 2009-02-12 | Her Majesty the Queen |
| 2009-02-12 | Respondent's factum, Completed on: 2009-02-13 | Her Majesty the Queen |
| 2009-02-11 | Letter sent to Intervener(s) | |
| 2009-02-11 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2009-02-11 |
Decision on the motion for leave to intervene, De, UPON APPLICATION by the Director of Public Prosecutions of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Director of Public Prosecutions of Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 15 pages in length on or before March 5, 2009. 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. Granted |
|
| 2009-02-11 | Submission of motion for leave to intervene, De | |
| 2009-02-06 | Response to the motion for leave to intervene, (Letter Form), from Akram Attia dated Feb. 6/09, Completed on: 2009-02-06 | Kristy Leanne Dudley |
| 2009-02-03 | Response to the motion for leave to intervene, (Letter Form), from Jim Bowron dated Feb. 3/09, Completed on: 2009-02-03 | Her Majesty the Queen |
| 2009-02-02 | Motion for leave to intervene, Completed on: 2009-02-02 | Director of Public Prosecutions of Canada |
| 2009-01-28 | Order on motion to extend time | |
| 2009-01-28 |
Decision on motion to extend time, to serve and file the appellant's book of authorities to Jan. 19/09, DeRg Granted |
|
| 2009-01-28 | Submission of motion to extend time, DeRg | |
| 2009-01-27 | Response to motion to extend time, Completed on: 2009-01-27 | Her Majesty the Queen |
| 2009-01-19 | Motion to extend time, to file the appellant's book of authorities to Jan. 19/09, Completed on: 2009-01-19 | Kristy Leanne Dudley |
| 2009-01-19 | Appellant's book of authorities, Completed on: 2009-01-19 | Kristy Leanne Dudley |
| 2008-12-18 | Appellant's record, Completed on: 2008-12-18 | Kristy Leanne Dudley |
| 2008-12-18 | Appellant's factum, Completed on: 2008-12-18 | Kristy Leanne Dudley |
| 2008-11-24 | Notice of hearing sent to parties | |
| 2008-11-24 |
Appeal hearing scheduled, 2009-03-18 Judgment reserved |
|
| 2008-10-23 | Notice of appeal, Completed on: 2008-10-23 | Kristy Leanne Dudley |
| 2008-10-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-09-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-09-26 | Judgment on leave sent to the parties | |
| 2008-09-25 |
Judgment of the Court on the application for leave to appeal, The applications for an extension of time and for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0603-0326-A, 2008 ABCA 73, dated March 4, 2008, are granted. Granted |
|
| 2008-09-25 |
Decision on motion to extend time to file and /or serve the leave application, The applications for an extension of time and for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 0603-0326-A, 2008 ABCA 73, dated March 4, 2008, are granted. Granted |
|
| 2008-08-18 | All materials on application for leave submitted to the Judges, CJ F Ro | |
| 2008-08-18 | Submission of motion to extend time to file and/ or serve the leave application, CJ F Ro | |
| 2008-05-30 | Respondent's response on the application for leave to appeal, Completed on: 2008-05-30 | Her Majesty the Queen |
| 2008-05-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-05-09 | Response to the motion to extend the time to file and / or serve the leave application, Henry S. Brown dated May 9-08 (by fax) Re: consent, Completed on: 2008-05-09 | Her Majesty the Queen |
| 2008-05-06 | Correspondence received from, Jim Bowron by fax dated May 6-08 Re: filing under S. 40 of SCA | Her Majesty the Queen |
| 2008-05-02 | Motion to extend the time to file and or serve the application for leave to appeal, Not incl. in app., amended motion rec'd May 8-08, Completed on: 2008-05-14 | Kristy Leanne Dudley |
| 2008-05-02 | Book of authorities | Kristy Leanne Dudley |
| 2008-05-02 | Application for leave to appeal, Amended Application for Leave to Appeal rec'd May-7-08, Completed on: 2008-05-15 | Kristy Leanne Dudley |
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 |
|---|---|---|
| Dudley, Kristy Leanne | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions of Canada | Intervener | Active |
Counsel
Party: Dudley, Kristy Leanne
Counsel
Daryl J. Royer
#200, 10525 Jasper Avenue
Edmonton, Alberta
T5J 1Z4
Telephone: (780) 424-3334
FAX: (780) 424-4252
Email: Akram.Attia@AttiaLaw.com
Agent
200 Elgin Street, Suite 402
Ottawa, Ontario
K2P 1L5
Telephone: (613) 231-1004
FAX: (613) 231-4760
Party: Her Majesty the Queen
Counsel
James A. Bowron
Appeals and Prosecution Policy Branch
3rd Fl. Bowker Bldg., 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: sue.hughson@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: Director of Public Prosecutions of Canada
Counsel
Gilles Villeneuve
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
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.
Criminal law - Trial - Summary conviction proceedings - Appeals - Judicial discretion - Information laid outside six-month time period for instituting summary conviction proceedings - Whether trial judge correct to declare charges a nullity - Whether Crown may re-elect and proceed by indictment - Whether stay of charges is appropriate - Whether Court of Appeal erred by intervening in respect of a decision within the discretion of the trial judge.
The Crown elected to proceed summarily on two hybrid offences charged against the Appellant but the information was sworn more than six months after the offence dates, therefore proceedings were instituted outside the six-month deadline for instituting summary proceedings that is set out in s. 786(2) of the Criminal Code, R.S.C. 1985, c. C-46. The Crown sought to re-elect and proceed by indictment. The Appellant sought to have the proceedings stayed.
Lower court rulings
Provincial Court of Alberta
060144144P1
Information declared a nullity
Court of Appeal of Alberta (Edmonton)
0603-0326-A, 2008 ABCA 73
Appeal granted
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
Not available