Case information
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35695
Her Majesty the Queen v. Lindley Charles McArthur, et al.
(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) |
|---|---|---|
| 2014-04-24 | Close file on Leave | |
| 2014-04-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-04-22 | Judgment on leave sent to the parties | |
| 2014-04-17 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C56316, 2013 ONCA 668, dated November 5, 2013, is dismissed without costs. Dismissed, with costs |
|
| 2014-04-17 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2014-03-24 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-03-24 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cro Wa | |
| 2014-02-21 | Certificate (on limitations to public access) | Attorney General of Canada |
| 2014-02-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-02-20 | Attorney General of Canada |
| 2014-02-17 | Certificate (on limitations to public access) | Lindley Charles McArthur |
| 2014-02-17 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2014-02-17 | Lindley Charles McArthur |
| 2014-01-29 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2014-01-29 | Her Majesty the Queen |
| 2014-01-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2014-01-22 | Supplemental document, "supplementary materials" | Her Majesty the Queen |
| 2014-01-22 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-01-22 | Application for leave to appeal, (Book Form), Motion for extension of time missing, Completed on: 2014-01-29 | 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 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| McArthur, Lindley Charles | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
David Finley
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4604
FAX: (416) 326-4656
Email: jennifer.woollcombe@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: McArthur, Lindley Charles
Counsel
4700 Keele Street
North York, Ontario
M3J 1P3
Telephone: (416) 736-5595
FAX: (416) 736-5736
Email: AYoung@osgoode.yorku.ca
Party: Attorney General of Canada
Counsel
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6330
FAX: (416) 952-0298
Email: richard.kramer@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
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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 – Fresh Evidence – Whether the Court of Appeal for Ontario erred in law in adopting an interpretation of s. 696.1 of the Criminal Code that permits the Minister of Justice to determine, on a discretionary case-by-case basis, whether an applicant for ministerial review has “exhausted” his or her rights of appeal.
The respondent McArthur was convicted of first degree murder in 1984. His appeal was dismissed by the Ontario Court of Appeal in 1989. He did not seek leave to the Supreme Court of Canada at that time. In 2010 McArthur filed an application for ministerial review pursuant to s. 696.1 of the Criminal Code.
Counsel for the Minister of Justice advised McArthur that the Criminal Conviction Review Group would conduct a preliminary assessment pursuant to his application. The Attorney General for Ontario wrote to the Minister and indicated that McArthur was not entitled to a review pursuant to s. 696.1. It indicated that it would defer the Minister’s request for the trial exhibits until such time that McArthur had exhausted his appellate remedies by applying for leave to appeal to the Supreme Court of Canada.
McArthur brought an application for a declaration that s. 696.1 does not require an offender to seek leave to appeal to the Supreme Court of Canada in order for his rights of appeal to have been ‘exhausted’. The application was granted. The appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
CV-11-439451
Application granted
Court of Appeal for Ontario
C56316, 2013 ONCA 668
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