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.
36642
Frederick Junior Knife v. Her Majesty the Queen
(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) |
|---|---|---|
| 2016-03-15 | Close file on Leave | |
| 2016-03-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-11 | Judgment on leave sent to the parties | |
| 2016-03-10 |
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 CACR2316, 2015 SKCA 82, dated July 8, 2015, is dismissed without costs. Dismissed, without costs |
|
| 2016-02-01 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-10-20 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-20) | Her Majesty the Queen |
| 2015-10-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-20, (Electronic version filed on 2015-10-20) | Her Majesty the Queen |
| 2015-09-29 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2015-09-25 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-25) | Frederick Junior Knife |
| 2015-09-25 | Application for leave to appeal, (Book Form), Completed on: 2015-09-25, (Electronic version filed on 2015-09-25) | Frederick Junior Knife |
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 |
|---|---|---|
| Knife, Frederick Junior | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Knife, Frederick Junior
Counsel
313, 220 Third Avenue South
Saskatoon, Saskatchewan
S7K 1M1
Telephone: (306) 955-9610
FAX: (306) 955-9611
Email: mdnolin@sasktel.net
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Her Majesty the Queen
Counsel
3rd Floor, 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.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 and Freedoms – Fundamental justice – Criminal Law – Sentencing – Dangerous offender – Whether there is a qualitative difference in the way a sentencing court looks at future risk of harm when analyzing an offender’s past behaviour in conjunction with subsections 753(1)(a)(i), (ii), or (iii) of the Criminal Code – Whether s. 753 of Criminal Code is constitutional.
Mr. Knife was serving a sentence for manslaughter. He also had prior youth offences. In a gang-related prison fight, he and several co-assailants attacked and repeatedly stabbed an inmate. Also, Mr. Knife and another co-assailant repeatedly stabbed and threw a television set at another inmate who had attempted to intervene. Mr. Knife claimed that the attack was a pre-emptive strike undertaken for safety. Mr. Knife was convicted of aggravated assault and common assault. At sentencing, the Crown applied for a dangerous offender designation. The sentencing judge declared Mr. Knife a long term offender. The Court of Appeal in part allowed an appeal by the Crown and declared Mr. Knife a dangerous offender.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
C.R. No. 3/2010, 2013 SKQB 197
Accused designated a long-term offender, Sentenced to eight years for aggravated assault and 6 months concurrent for common assault; 10 years long term supervision
Court of Appeal for Saskatchewan
CACR2316, 2015 SKCA 82
Appeal from sentence by Crown allowed and accused declared a dangerous offender, Appeal from sentence by accused dismissed, Substantive sentence not altered
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