Case information
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37150
Michael Joseph Jerace v. Her Majesty the Queen
(Alberta) (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) |
|---|---|---|
| 2016-11-07 | Close file on Leave | |
| 2016-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-04 | Judgment on leave sent to the parties | |
| 2016-11-03 |
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 1103-0225-A, 2016 ABCA 70, dated March 15, 2016, is dismissed. Dismissed |
|
| 2016-11-03 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2016-10-03 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-10-03 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2016-09-30 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-09-30 | Michael Joseph Jerace |
| 2016-09-15 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-09-15) | Her Majesty the Queen |
| 2016-09-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-09-15, (Electronic version filed on 2016-09-15) | Her Majesty the Queen |
| 2016-08-25 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2016/08/25 | |
| 2016-06-24 | 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: 2016-06-24 | Michael Joseph Jerace |
| 2016-06-24 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal) | Michael Joseph Jerace |
| 2016-06-24 | Application for leave to appeal, (Book Form), amended notice requested-rec'd 2016/08/25, Completed on: 2016-08-25 | Michael Joseph Jerace |
| 2016-06-10 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2016-05-26 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2016-05-25 | Notice of application for leave to appeal, (Letter Form), (Included in the application for leave to appeal), Completed on: 2016-06-27 | Michael Joseph Jerace |
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 |
|---|---|---|
| Jerace, Michael Joseph | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Jerace, Michael Joseph
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
3rd Floor, 9822 - 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.
(PUBLICATION BAN IN CASE)
Criminal law – Evidence – Similar fact evidence – Whether the courts below should have admitted the similar fact evidence – Whether there were significant differences with the previous guilty plea and this case – Whether counsel at trial was ineffective – Whether the trial judge erred when he said that the complainant was held against her own free will when clearly the trial evidence shows the opposite.
Mr. Jerace was convicted of unlawful confinement and attempted sexual assault of a 15 year old girl. His appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
070429808Q1
Applicant found guilty of unlawful confinement and attempted sexual assault
Court of Appeal of Alberta (Edmonton)
1103-0225-A, 2016 ABCA 70
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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