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.
33359
Her Majesty the Queen v. Terrence Sinclair
(Manitoba) (Criminal) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-04-05 | Appeal closed | |
| 2011-09-27 | Record returned to the Registrar of the Court of Appeal | |
| 2011-07-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-07-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-07-28 |
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 Manitoba, Number AR 08-30-06888, 2009 MBCA 71, dated July 15, 2009, heard on December 14, 2010, is allowed and the respondent’s conviction is restored. McLachlin C.J. and Binnie, Fish and Cromwell JJ. are dissenting. Allowed |
|
| 2010-12-31 | Transcript received, (70 pages) | |
| 2010-12-23 | Appeal court record, (1 box - joint with Trial Court Exhibits) | |
| 2010-12-14 | General proceeding, Name of co-accused mentionned, only the first name | Terrence Sinclair |
| 2010-12-14 | General proceeding, Name of co-accused was mentionned twice in reply | Her Majesty the Queen |
| 2010-12-14 | Judgment reserved OR rendered with reasons to follow | |
| 2010-12-14 |
Hearing of the appeal, 2010-12-14, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-12-14 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2010-12-14 | Intervener's condensed book, Filed in Court | Director of Public Prosecutions of Canada |
| 2010-12-14 | Appellant's condensed book, Rec'd in Court | Her Majesty the Queen |
| 2010-12-09 | Correspondence received from, Gowlings re: adding pages 35.1 and 35.2 to the Appellant's record (sent to the Court Dec. 10/10) | Her Majesty the Queen |
| 2010-12-06 | Notice of appearance, Richard Wolson and Evan Roitenberg will be appearing | Terrence Sinclair |
| 2010-12-03 | Notice of appearance, Joan Barrett will be appearing | Attorney General of Ontario |
| 2010-11-25 | Notice of appearance, James D. Sutton and Carole Sheppard will be appearing | Director of Public Prosecutions of Canada |
| 2010-11-17 | Notice of appearance, Elizabeth A. Thomson and Ami Kotler will be appearing and Ms. Thomson will make oral presentation | Her Majesty the Queen |
| 2010-11-10 | Correspondence received from, Gowlings dated November 10, 2010. Re: Removal of incorrect page numbering in table of contents of the appellant's book of authorities | Her Majesty the Queen |
| 2010-11-01 |
Order by, Cha, FURTHER TO THE ORDER dated September 3, 2010, granting leave to intervene to the Director of Public Prosecutions of Canada and the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal. Granted |
|
| 2010-10-29 | Intervener's book of authorities, (Vol. 1 to 4) CD and Form rec'd Nov. 5/10, Completed on: 2010-10-29 | Director of Public Prosecutions of Canada |
| 2010-10-29 | Intervener's factum, CD and Form rec'd Nov. 5/10, Completed on: 2010-11-05 | Director of Public Prosecutions of Canada |
| 2010-10-26 | Intervener's book of authorities, Completed on: 2010-10-26 | Attorney General of Ontario |
| 2010-10-26 | Intervener's factum, Completed on: 2010-10-26 | Attorney General of Ontario |
| 2010-09-15 | Respondent's book of authorities, (14 copies), Completed on: 2010-09-15 | Terrence Sinclair |
| 2010-09-15 | Respondent's factum, Completed on: 2010-09-15 | Terrence Sinclair |
| 2010-09-14 | Appeal perfected for hearing | |
| 2010-09-03 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2010-09-03 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATIONS by the Attorney General of Ontario and 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 Attorney General of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. 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 10 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2010-09-03 | Submission of motion for leave to intervene, Cha | |
| 2010-08-19 | Response to the motion for leave to intervene, (Letter Form), from Nancy Brooks dated Aug. 19/10, Completed on: 2010-08-19 | Terrence Sinclair |
| 2010-08-17 | Response to the motion for leave to intervene, email from Gowlings dated Aug. 16/10 (by A.G. of Ont.), Completed on: 2010-08-17 | Her Majesty the Queen |
| 2010-08-17 | Response to the motion for leave to intervene, from Gowlings, by e-mail dated Aug. 17, 2010 (by Dir. of Public Pros.), Completed on: 2010-08-17 | Her Majesty the Queen |
| 2010-08-17 | Motion for leave to intervene, (6 copies), Completed on: 2010-08-17 | Director of Public Prosecutions of Canada |
| 2010-08-17 | Response to the motion for leave to intervene, (Letter Form), from Nancy Brooks dated Aug. 17/10, Completed on: 2010-08-17 | Terrence Sinclair |
| 2010-07-22 | Motion for leave to intervene, Completed on: 2010-07-22 | Attorney General of Ontario |
| 2010-07-21 | Appellant's record, Vol. 1 to 5 - Vol. 1 and service rec'd July 22/10 - pages 18 and 19 of Tab 3 missing, Incomplete | Her Majesty the Queen |
| 2010-07-20 | Appellant's book of authorities, Completed on: 2010-07-20 | Her Majesty the Queen |
| 2010-07-20 | Appellant's factum, Completed on: 2010-07-20 | Her Majesty the Queen |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-12-14, (start time 9:00am) Judgment reserved |
|
| 2010-04-29 | Notice of appeal, Completed on: 2010-04-29 | Her Majesty the Queen |
| 2010-04-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-04-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-04-06 | Judgment on leave sent to the parties | |
| 2010-04-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR 08-30-06888, 2009 MBCA 71, dated July 15, 2009, is granted without costs Granted, without costs |
|
| 2010-02-15 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2009-11-18 | Order on motion to extend time, (included in motion book) | |
| 2009-11-18 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to Nov. 9/09 Granted, without costs |
|
| 2009-11-18 | Submission of motion to extend time, Reg | |
| 2009-11-09 | Response to motion to extend time, (Letter Form), from Elizabeth A. Thomson dated Nov. 3/09 (included in motion book), Completed on: 2009-11-09 | Her Majesty the Queen |
| 2009-11-06 | Respondent's response on the application for leave to appeal, Completed on: 2009-11-06 | Terrence Sinclair |
| 2009-11-06 | Motion to extend time, to serve and file the respondent's response to Nov. 9/09 (bookform), Completed on: 2009-11-13 | Terrence Sinclair |
| 2009-10-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-09-28 | Application for leave to appeal, Completed on: 2009-09-28 | 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 |
|---|---|---|
| Sinclair, Terrence | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Director of Public Prosecutions of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Ami Kotler
5th Floor - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-7221
FAX: (204) 945-1260
Email: liz.thomson@gov.mb.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: Sinclair, Terrence
Counsel
Evan Roitenberg
1200 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8181
FAX: (204) 985-8190
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: Attorney General of Ontario
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-4690
FAX: (416) 326-4656
Email: joan.barrett@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Director of Public Prosecutions of Canada
Counsel
Carole Sheppard
50 Victoria St.
Gatineau, Quebec
K1A 0C9
Telephone: (819) 953-3887
FAX: (819) 997-5747
Email: james.sutton@ppsc-sppc.gc.ca
Agent
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.
(Publication ban in case)
Criminal Law - Appeals - Power of appellate court - Unreasonable verdict - Whether Court of Appeal applied the correct test for an unreasonable verdict pursuant to s. 686(1)(a)(i) of the Criminal Code, R.S.C. 1985, c. C-46.
Three men were interrupted while brutally assaulting a man on a street in Winnipeg. They fled and left their victim lying motionless in the street. The victim was then struck by an on-coming vehicle. He died from injuries consistent with the assault and the impact from the car. The trial judge found that the car accident was not an intervening act that broke the chain of causation linking the assault to the death. The evidence linking the respondent to the assault was circumstantial and there was exculpatory circumstantial evidence. The trial judge inferred from the evidence that the respondent had planned earlier that night to commit a robbery with a co-accused and that he was with his co-accused at the time of the assault. DNA evidence linked the co-accused to the assault. The trial judge held that the respondent had participated in the assault and he was convicted of manslaughter. On appeal, the respondent challenged his conviction as unreasonable.
Lower court rulings
Court of Queen’s Bench of Manitoba
CR 06-01-26711, 2007 MBQB 219
Conviction of manslaughter, sentence of 6 years' imprisonment
Court of Appeal of Manitoba
AR 08-30-06888, 2009 MBCA 71
Conviction appeal allowed, new trial ordered
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