Case information
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36572
J.C. 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) |
|---|---|---|
| 2016-02-19 | Close file on Leave | |
| 2016-02-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-02-12 | Judgment on leave sent to the parties | |
| 2016-02-11 |
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 Ontario, Number C58559, 2015 ONCA 370, dated May 26, 2015, is dismissed. Dismissed |
|
| 2015-12-07 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-09-22 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-22) | J.C. |
| 2015-09-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-09-22, (Electronic version filed on 2015-09-22) | Her Majesty the Queen |
| 2015-08-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, (File open) | |
| 2015-08-24 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-08-24) | J.C. |
| 2015-08-24 | Application for leave to appeal, (Book Form), Completed on: 2015-11-02, (Electronic version filed on 2015-08-24) | J.C. |
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 |
|---|---|---|
| J.C. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: J.C.
Counsel
1010 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 563-1010
FAX: (613) 563-1011
Email: mac@sulaw.ca
Party: Her Majesty the Queen
Counsel
Crown Law Office, Criminal
10th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4636
FAX: (416) 326-4656
Email: greg.skerkowski@ontario.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
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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.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY)
Criminal Law – Evidence – Appeals – Whether trial judge erred in failing to consider material evidence, which led to a miscarriage of justice – Whether Court of Appeal took an unnecessarily narrow view of appeal and failed to recognize and address trial judge’s error, thereby failing in its duty to guard against miscarriage of justice and wrongful convictions.
The complainant, a 6-year old girl, was caught having her 4-year old cousin perform oral sex on her. She alleged that the applicant had performed oral sex on her once when she was 5 years old. The applicant was charged with sexual assault under s. 271 of the Criminal Code. The applicant applied to cross-examine the complainant in order to lead evidence of other sexual conduct by the complainant on other occasions. The trial judge dismissed the application. The complainant’s knowledge about oral sex and the source of that knowledge was a live issue at trial. The applicant applied to re-open the application to cross-examine the complainant in relation to allegations of other sexual activity. The trial judge refused to re-open the application. The trial judge concluded that there was no evidence of any other source of the complainant’s knowledge of oral sex other than the alleged misconduct of the accused. The trial judge convicted the applicant of sexual assault. The Court of Appeal dismissed an appeal from the conviction.
Lower court rulings
Ontario Court of Justice
Conviction: Sexual assault (s. 271).
Court of Appeal for Ontario
C58559, 2015 ONCA 370
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
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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
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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
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