Case information
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36987
C.M. v. His Majesty the King
(Alberta) (Criminal) (By Leave)
(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) |
|---|---|---|
| 2023-07-10 | Close file on Leave | |
| 2023-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-06-29 | Judgment on leave sent to the parties | |
| 2023-06-29 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1403-0035-A, 2018 ABCA 214, dated June 11, 2018, would have been dismissed. Dismissed |
|
| 2023-05-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-05-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-04-17 | Certificate (on limitations to public access), Certificate 23B, (Printed version due on 2023-04-24) | His Majesty the King |
| 2023-04-17 | Certificate (on limitations to public access), Certificate 23A, (Printed version due on 2023-04-24) | His Majesty the King |
| 2023-04-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-04-17, (Printed version due on 2023-04-24) | His Majesty the King |
| 2023-03-16 | Order on miscellaneous motion, by CHANTAL CARBONNEAU | |
| 2023-03-16 |
Decision on the miscellaneous motion, Reg, UPON APPLICATION by the applicant for an order, 1) setting aside the discontinuance of the application for leave to appeal that was filed on October 22, 2021 in C.M. v. His Majesty the King (36987), and extending the time to serve and file an amended application for leave to appeal to February 22, 2022; and 2) setting aside the discontinuance of the application for leave to appeal that was filed on October 22, 2021 in C.G.M. v. His Majesty the King (39970) and extending the time to serve and file an amended application for leave to appeal to March 17, 2022; and 3) granting him permission to serve and file an amended application for leave to appeal in both files; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The discontinuances of the applications for leave to appeal in C.M. v. His Majesty the King (36987) and C.G.M. v. His Majesty the King (39970) are set aside, and both files shall be reopened. The amended application for leave to appeal filed in C.M. v. His Majesty the King (36987) on February 22, 2022 is accepted for filing. The amended application for leave to appeal filed in C.G.M. v. His Majesty the King (39970) on March 17, 2022 is accepted for filing. The respondent may serve and file a response to each of the amended applications for leave to appeal within 30 days from the date of this order. Granted |
|
| 2023-03-16 | Reopen file | |
| 2023-03-15 | Submission of miscellaneous motion, Reg | |
| 2023-01-20 | Notice of miscellaneous motion, (Letter Form), Motion to set aside Notice of Discontinuance, Completed on: 2023-03-16 | C.M. |
| 2022-12-21 | Close file on Leave | |
| 2022-12-21 | Correspondence (sent by the Court) to, the applicant; files have been merged and a motion must be filed to re-open the matter. | |
| 2022-02-17 | Correspondence received from, (Letter Form), SECOND APPLICATION, (Printed version due on 2022-02-24) | His Majesty the King |
| 2022-02-01 |
Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION 23B, (Printed version due on 2022-02-08) |
His Majesty the King |
| 2022-02-01 |
Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION 23A, (Printed version due on 2022-02-08) |
His Majesty the King |
| 2022-02-01 | Respondent's response on the application for leave to appeal, (Book Form), SECOND APPLICATION, Completed on: 2022-09-20, (Printed version due on 2022-02-08) | His Majesty the King |
| 2022-01-17 | Correspondence received from, (Letter Form), SECOND APPLICATION, (Printed version due on 2022-01-24) | His Majesty the King |
| 2021-12-23 |
Letter advising parties of an incomplete application for leave to appeal, SECOND APPLICATION FILE OPENED 2022-12-23 (ORIGINIALLY OPENED AS FILE # 39971) |
|
| 2021-10-22 |
Discontinuance of the application for leave to appeal, (Letter Form), SECOND APPLICATION - Notice of discontinuance The applicant wholly abandons the application for leave to appeal to the SCC that was filed in 2019. The applicant intends to pursue a new application., (Electronic version filed on 2022-09-16) |
C.M. |
| 2021-10-22 | Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION - Public Access to Information Form, (Electronic version filed on 2022-09-16) | C.M. |
| 2021-10-22 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), SECOND APPLICATION - motion to extend time to file full application Received: -Amended motion (rec'd 2022-02-22), Completed on: 2022-03-18, (Electronic version filed on 2022-09-16) |
C.M. |
| 2021-10-22 |
Application for leave to appeal, (Book Form), SECOND APPLICATION - full application for leave to appeal Require: -CA Order -Signed CA Reasons -TC Order -Signed TC Reasons Received: -Amended application (rec'd 2022-02-22), Completed on: 2023-05-01, (Electronic version due on 2021-10-29) |
C.M. |
| 2021-09-08 | Letter and notice pursuant to Rule 64 sent to, Applicant (Registered Mail) | |
| 2019-06-11 |
Notice of change of solicitor, (Letter Form), SECOND APPLICATION Keith Joyce is now counsel for the respondent., (Printed version filed on 2019-06-11) |
His Majesty the King |
| 2019-05-14 | Letter acknowledging receipt of a notice of application for leave to appeal, SECOND APPLICATION - additional material requested following the receipt of a bare notice of application for leave to appeal | |
| 2019-05-01 | Letter acknowledging receipt of a notice of application for leave to appeal, SECOND APPLICATION - acknowledging receipt of a bare notice of application for leave to appeal | |
| 2019-04-23 |
Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), SECOND APPLICATION - motion to extend time to file bare notice of application require: -service (rec'd 2019-06-11), Completed on: 2022-09-16, (Electronic version filed on 2022-09-16) |
C.M. |
| 2019-04-23 |
Notice of application for leave to appeal, (Book Form), SECOND APPLICATION - Bare notice of application require: -service (rec'd 2019-06-11) -amended notice citing a section of law (rec'd 2021-10-22) -full LTA (rec'd 2021-10-22) -public access form (rec'd 2021-10-22), Completed on: 2022-09-16, (Electronic version filed on 2022-09-16) |
C.M. |
| 2019-04-23 | Reopen file | |
| 2016-09-19 | Close file on Leave | |
| 2016-09-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-09-16 | Judgment on leave sent to the parties | |
| 2016-09-15 |
Judgment of the Court on the application for leave to appeal, The motion to appoint counsel is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1403-0035-A, 2016 ABCA 36, dated February 8, 2016, is dismissed. Dismissed |
|
| 2016-09-15 |
Decision on the motion to appoint counsel Dismissed |
|
| 2016-07-25 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-07-25 | Submission of motion to appoint counsel, CJ Mo Ga | |
| 2016-06-13 | Response to the motion to appoint counsel, (Letter Form), Joint with 36952., Completed on: 2016-06-13 | His Majesty the King |
| 2016-06-06 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-06-06 | C.M. |
| 2016-06-01 | Motion to appoint counsel, amended copy received 2016-07-04., Completed on: 2016-06-01 | C.M. |
| 2016-06-01 | Supplemental document, Wiretap transcripts | C.M. |
| 2016-05-30 | Certificate (on limitations to public access) | His Majesty the King |
| 2016-05-30 | Respondent's response on the application for leave to appeal, Completed on: 2016-05-30 | His Majesty the King |
| 2016-05-03 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2016-05-03 | |
| 2016-04-08 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2016-04-07 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-03-17 |
Application for leave to appeal, FIRST APPLICATION C/A order missing - Amended memorandum of argument rec'd on 2016-04-11, Completed on: 2016-09-12 |
C.M. |
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 |
|---|---|---|
| C.M. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: C.M.
This party is not represented by counsel.
Party: His Majesty the King
Counsel
Alberta Crown Prosecution Service
9833-109 Street, 3rd floor, Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: keith.joyce@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
Criminal law — Sentence appeal — Whether the lower courts erred in their analysis of s. 72 YCJA — Whether the lower courts erred in concluding that the presumption of diminished moral blameworthiness was rebutted, and in finding that a youth sentence wasn’t an appropriate sentence — Whether the sentence was unfair, unfit and unreasonable in all of the circumstances — Fresh evidence.
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 ON PARTY)
The applicant was convicted of first degree murder. The applicant was sentenced as an adult to life imprisonment without parole eligibility for 10 years. The Court of Appeal dismissed the sentence appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
101447738Q2
Conviction by jury of first degree murder
Court of Queen’s Bench of Alberta
101447738Q2, 2015 ABQB 134
Sentence imposed: life imprisonment without parole eligibility for 10 years
Court of Appeal of Alberta (Edmonton)
1403-0035-A, 2016 ABCA 36
Appeal dismissed
Court of Appeal of Alberta (Edmonton)
1403-0035-A, 2018 ABCA 214
Sentence 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
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