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.
36463
Her Majesty the Queen v. Gordon Shane Kennedy
(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) |
|---|---|---|
| 2015-11-09 | Close file on Leave | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
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 for Saskatchewan, Number CACR1891, 2015 SKCA 32, dated April 8, 2015, is dismissed. Dismissed |
|
| 2015-09-28 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-09-10 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-09-10, (Electronic version filed on 2015-09-10) | Gordon Shane Kennedy |
| 2015-06-03 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-06-03 | |
| 2015-06-03 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-06-03 | Application for leave to appeal, Completed on: 2015-06-03 | 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 |
|---|---|---|
| Kennedy, Gordon Shane | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
300 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: andrew.davis@gov.sk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Kennedy, Gordon Shane
Counsel
2510 - 13th Avenue
Regina, Saskatchewan
S4P 0W2
Telephone: (306) 525-9191
FAX: (306) 525-0885
Email: bob@hrycanlaw.com
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.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 – Appeals – Standard of appellate review – Whether the Court of Appeal erred by applying the incorrect standard of appellate review – Whether the Court of Appeal erred by quashing a verdict pursuant to section 686(1)(a)(ii) of the Criminal Code on the ground that the trial judge’s reasons were insufficient – Whether the Court of Appeal erred by overturning findings of fact in the absence of palpable and overriding error.
The victim testified that he went to the house of an acquaintance when he was chased by two or three men and was narrowly missed by a swinging machete. After reviewing the evidence, the trial judge convicted the respondent of assault with a weapon. The conviction was set aside and a new trial was ordered.
Lower court rulings
Provincial Court of Saskatchewan
Conviction: assault with a weapon
Court of Appeal for Saskatchewan
CACR1891, 2015 SKCA 32
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