Case information
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36841
Gerald Robert Ryan v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2016-05-27 | Close file on Leave | |
| 2016-05-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-27 | Judgment on leave sent to the parties | |
| 2016-05-26 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0178-A, 2015 ABCA 286, dated September 11, 2015, is dismissed. Dismissed |
|
| 2016-05-26 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-05-02 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-05-02 | Submission of motion to extend time to file and/ or serve the leave application, CJ Mo Ga | |
| 2016-03-08 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-03-08, (Electronic version filed on 2016-03-08) | Her Majesty the Queen |
| 2016-03-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-08) | Her Majesty the Queen |
| 2016-03-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-03-08, (Electronic version filed on 2016-03-08) | Her Majesty the Queen |
| 2016-02-17 | Correspondence received from, (Letter Form), Change of Counsel (cc. to all parties) | Her Majesty the Queen |
| 2016-02-09 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2016-02-08 | Certificate (on limitations to public access), (Letter Form), (Amended certificat rec'd 2016-02-09), (Electronic version filed on 2016-02-08) | Gerald Robert Ryan |
| 2016-02-08 | 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: 2016-02-08, (Electronic version filed on 2016-02-08) | Gerald Robert Ryan |
| 2016-02-08 | Application for leave to appeal, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | Gerald Robert Ryan |
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 |
|---|---|---|
| Ryan, Gerald Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Ryan, Gerald Robert
Counsel
300 Phipps McKinnon Building
10020 - 101A Avenue
Edmonton, Alberta
T5J 3G2
Telephone: (780) 424-6750
FAX: (780) 424-7768
Email: renouf@renouflaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
3rd Floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: maureen.mcguire@gov.ab.ca
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.
Criminal law – Sentencing – Parole ineligibility – Accused convicted of second degree murder – When determining parole ineligibility, effect if any of accused’s prior offer to plead guilty to manslaughter – When determining parole ineligibility, effect if any of accused’s pre-sentence time in custody – Whether parole ineligibility imposed by sentencing judge was manifestly unreasonable?
Mr. Ryan was a drug addict and a drug dealer. He employed Barry Head to sell drugs for him. Mr. Head took off with some of Mr. Ryan’s cocaine and his truck. Mr. Ryan confronted Mr. Head and fatally shot him when he smirked at him during the confrontation. Before his trial, Mr. Ryan offered to plead guilty to manslaughter. The Crown did not accept the offer. Graesser J. convicted Mr. Ryan of second degree murder. By the time he was sentenced to life imprisonment, Mr. Ryan had spent 44 months in custody. Graesser J. sentenced Mr. Ryan to life imprisonment and 13 years without eligibility for parole. A majority of the Court of Appeal allowed an appeal and changed the period of parole ineligibility to 17 years.
Lower court rulings
Court of Queen’s Bench of Alberta
071371843Q1
Sentence to life imprisonment without eligibility for parole for 13 years.
Court of Appeal of Alberta (Edmonton)
1103-0178-A, 2015 ABCA 286
Appeal allowed; Parole ineligibility varied to 17 years.
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