Case information
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35687
Shane Huard v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2014-04-07 | Close file on Leave | |
| 2014-04-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-04-04 | Judgment on leave sent to the parties | |
| 2014-04-03 |
Judgment of the Court on the application for leave to appeal, The applicant’s motion for an extension of time to serve and file the application for leave to appeal is granted. The respondent’s motion for an extension of time to serve and file the response is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C52019, 2013 ONCA 650, dated October 29, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2014-04-03 |
Decision on motion to extend time Granted |
|
| 2014-04-03 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2014-03-10 | Submission of motion to extend time, CJ Cro Wa | |
| 2014-03-10 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-03-10 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cro Wa | |
| 2014-03-03 | Response to motion to extend time, (Letter Form), Applicant consents, Completed on: 2014-03-03 | Shane Huard |
| 2014-02-28 | Motion to extend time, (Letter Form), to file and serve the Response , Completed on: 2014-03-04, (Printed version filed on 2014-03-03) | Her Majesty the Queen |
| 2014-02-27 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2014-02-27 | Respondent's response on the application for leave to appeal, (Book Form), Motion to ext time missing (rec'd 02-28-2014), Completed on: 2014-02-28, (Printed version filed on 2014-02-27) | Her Majesty the Queen |
| 2014-01-20 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2014-01-20 | Her Majesty the Queen |
| 2014-01-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Fees missing (rec'd 01-16-2014), Completed on: 2014-01-16, (Printed version filed on 2014-01-15) | Shane Huard |
| 2014-01-15 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2014-01-14 | Certificate (on limitations to public access), (Included in the application for leave to appeal), included in the application | Shane Huard |
| 2014-01-14 | Application for leave to appeal, (Book Form), Motion to ext. time missing (rec'd 01-15-2014), Completed on: 2014-01-15, (Electronic version filed on 2014-01-14) | Shane Huard |
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 |
|---|---|---|
| Huard, Shane | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Huard, Shane
Counsel
Jill D. Makepeace
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 868-1755
FAX: (416) 868-1990
Email: bgreenspan@15bedford.com
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: Her Majesty the Queen
Counsel
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4594
FAX: (416) 326-4656
Email: john.mcinnes@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
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.
Charter of rights — Criminal law — Principles of fundamental justice — Whether the disparity between the deprivation of liberty which follows a conviction of an aider and abettor of first degree murder and that which follows the conviction of the principal of second degree murder constitutes a breach of s. 7 of the Canadian Charter of Rights and Freedoms.
The applicant, Mr. Huard, and another man, Mr. Zoldi, were accused of killing a drug dealer. The Crown’s position at both Mr. Huard’s and Mr. Zoldi’s trials was that Mr. Zoldi was the shooter and that Mr. Huard was an aider or abettor. Mr. Huard’s trial was held first, and he was convicted of first degree murder. Over a year later, Mr. Zoldi’s trial proceeded and resulted in a conviction for second degree murder. Mr. Huard appealed his conviction, arguing, among other things, that because he was less morally culpable than Mr. Zoldi, he should not be convicted of a greater or more serious offence. The Court of Appeal unanimously dismissed the appeal.
Lower court rulings
Court of Appeal for Ontario
C52019, 2013 ONCA 650
Appeal dismissed
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