Case information
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36518
M.E.N. v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-10-22 | Close file on Leave | |
| 2015-10-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-19 | Judgment on leave sent to the parties | |
| 2015-10-15 |
Decision on motion to extend time to file and /or serve the leave application, Abe Ka Br, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C55479, 2014 ONCA 69, dated January 29, 2014, is dismissed. In any event had such a motion been granted, the motion for an oral hearing and the application for leave to appeal would have been dismissed. Dismissed |
|
| 2015-09-16 | Correspondence received from, M.E.N re: change of phone number | M.E.N. |
| 2015-09-14 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-09-14 | Submission of miscellaneous motion, Abe Ka Br | |
| 2015-09-14 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2015-08-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-08-14 | M.E.N. |
| 2015-08-12 | Certificate (on limitations to public access), (Letter Form), service missing, (Electronic version filed on 2015-08-12) | Her Majesty the Queen |
| 2015-08-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-08-19, (Electronic version filed on 2015-08-12) | M.E.N. |
| 2015-07-17 | Supplemental document, (Book Form), Supplemental Auhorities | M.E.N. |
| 2015-07-15 | Letter advising parties of a complete application for leave to appeal, (File open) | |
| 2015-07-14 | General proceeding, (Letter Form), Reasons for judgment of 2012-04-04 and one CD containing the transcript of the trial | M.E.N. |
| 2015-07-13 | Notice of miscellaneous motion, (Book Form), (request for oral hearing), Completed on: 2015-07-13 | M.E.N. |
| 2015-07-07 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-06-26 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal) | M.E.N. |
| 2015-06-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-06-26 | M.E.N. |
| 2015-06-26 | Application for leave to appeal, (Book Form), Additional 6 pages of memorandum rec'd 2015-07-10 and service on 2015-07-10, Completed on: 2015-06-26 | M.E.N. |
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 |
|---|---|---|
| M.E.N. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: M.E.N.
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
Megan Steven
Crown Law Office Criminal
720 Bay Street, 10th floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: dena.bonnet@ontario.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) (PUBLICATION BAN ON PARTY)
Criminal law – Offence – Elements of offence – Voyeurism – Extortion – Burden of Proof – Whether accused’s intent to be surreptitious and complainant’s reasonable expectation of privacy are elements of the offence of voyeurism – Whether offences of voyeurism and extortion were made out – Whether courts erred in assessing credibility of complainant – Whether trial judge’s reasons for conviction were sufficient to permit meaningful appellate review and to inform parties of the basis of the verdicts.
M.E.N. and the complainant met through an internet site for adults. They met twice in motel rooms for sexual encounters. During the first encounter, the complainant told M.E.N. not to take pictures of her. The complainant testified that they met again on September 4, 2010 and she told M.E.N. that she wanted to end sexual relations. After that meeting, M.E.N. sent the complainant a text message with a picture of her. The complainant testified that he threatened to send a video of her to her husband if she ended the relationship. In the photo, she is wearing a bra but no underwear. In the video, she is wearing underwear and getting ready to put her clothes on. The complainant testified that she had not known that M.E.N. had taken the photo or video. She went to the police and M.E.N. was charged with sexual assault, voyeurism and extortion.
Lower court rulings
Ontario Court of Justice
Convictions for voyeurism and extortion; acquittal on count of sexual assault.
Court of Appeal for Ontario
C55479, 2014 ONCA 69
Appeal from convictions 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
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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