Case information
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36726
Her Majesty the Queen v. Marlin Vandermeulen
(Manitoba) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-08-24 | Close file on Leave | |
| 2016-08-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-08-19 | Judgment on leave sent to the parties | |
| 2016-08-18 |
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 of Manitoba, Number AR14-30-08192, 2015 MBCA 84, dated September 17, 2015, is dismissed. Dismissed |
|
| 2016-02-22 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-01-07 | Applicant's reply to respondent's argument, (Letter Form), will not file a reply, Completed on: 2016-01-07, (Printed version filed on 2016-01-07) | Her Majesty the Queen |
| 2015-12-16 | Certificate (on limitations to public access) | Marlin Vandermeulen |
| 2015-12-16 | Respondent's response on the application for leave to appeal, Completed on: 2015-12-16 | Marlin Vandermeulen |
| 2015-11-18 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2015-11-18 | |
| 2015-11-16 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-16) | Her Majesty the Queen |
| 2015-11-16 | Application for leave to appeal, (Book Form), Completed on: 2015-11-16, (Electronic version filed on 2015-11-16) | 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 |
|---|---|---|
| Vandermeulen, Marlin | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Legal Services Branch, Constitutional Law Section
1230-405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-1842
FAX: (204) 945-0053
Email: michael.bodner@gov.mb.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: Vandermeulen, Marlin
Counsel
1200 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8180
FAX: (204) 985-8190
Email: ssimmonds@gws.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.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.
(PUBLICATION BAN IN CASE)
Charter of Rights and Freedoms – Right to trial within reasonable time – Whether Court of Appeal erred in imposing a stay of proceedings as the remedy for a breach of s. 11(b) of the Charter
Mr. Vandermeulen was charged with several offences. The last charge was laid on February 27, 2010. A preliminary inquiry began on November 22, 2011. On January 14, 2013, Mr. Vandermeulen brought a motion to stay proceedings for unreasonable delay in breach of s. 11(b) of the Charter of Rights and Freedoms. The trial judge dismissed the motion. Mr. Vandermeulen’s trial began on February 26, 2013 and ended on March 4, 2013. The trial judge convicted Mr. Vandermeulen of four counts of assault, assault causing bodily harm, sexual assault causing bodily harm and uttering threats. He appealed his convictions. The Court of Appeal held that the trial judge erred in her Charter analysis. It held that post-charge delay breached s. 11(b) of the Charter and the minimal remedy was to stay proceedings.
Lower court rulings
Court of Queen’s Bench of Manitoba
CR 12-01-31908, 2013 MBQB 118
Convictions on four counts of assault, assault causing bodily harm, sexual assault causing bodily harm and uttering threats, Acquittal on one count of theft under $5,000
Court of Queen’s Bench of Manitoba
CR 12-01-31908, 2014 MQB 116
Sentence to 3.5 years, 10-year firearm and weapons prohibition, mandatory DNA order and 20-year sex offender registration
Court of Appeal of Manitoba
AR14-30-08192, 2015 MBCA 84
Appeal allowed and stay of proceedings granted
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