Case information
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37177
Jody Wade Laboucane 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) |
|---|---|---|
| 2016-12-30 | Close file on Leave | |
| 2016-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-12-23 | Judgment on leave sent to the parties | |
| 2016-12-22 |
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 Alberta (Edmonton), Number 1503-0242-A, 2016 ABCA 176, dated June 10, 2016, is dismissed. Dismissed |
|
| 2016-11-21 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-10-05 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-10-05) | Her Majesty the Queen |
| 2016-10-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-10-05, (Electronic version filed on 2016-10-05) | Her Majesty the Queen |
| 2016-09-09 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/09/09 | |
| 2016-09-09 | Book of authorities, (Book Form), (Electronic version filed on 2016-09-09) | Jody Wade Laboucane |
| 2016-09-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-09-08) | Jody Wade Laboucane |
| 2016-09-08 | Application for leave to appeal, (Book Form), Completed on: 2016-09-08, (Electronic version filed on 2016-09-08) | Jody Wade Laboucane |
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 |
|---|---|---|
| Laboucane, Jody Wade | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Laboucane, Jody Wade
Counsel
Suite 1740, SunLife Building
10123 - 99 Street
Edmonton, Alberta
T5J 3H1
Telephone: (780) 474-2888
FAX: (780) 665-1059
Email: dhatch@hmmcrimlaw.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
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 – Aboriginal heritage – Whether Court of Appeal failed to give adequate consideration to circumstances of accused – Whether there were meaningful Gladue factors to be considered – Whether principles contained in s. 718.2(e) of Criminal Code are of diminished importance where Aboriginal person is not of purely Aboriginal lineage – Relevance of resources in community in light of accused’s Aboriginal heritage – Whether sentencing judge erred in requiring a causal link between accused’s Aboriginal heritage and offences.
On January 4, 2015, Mr. Laboucane assaulted a cab driver. He later found the cab abandoned outside his residence and drove it to his ex-spouse’s residence where he banged on her door, entered her house without permission, threatened her and assaulted her. He drove to another residence where he found his girlfriend and a man asleep in a bed. He assaulted the man. Later, police officers stopped him in the stolen cab and he refused to provide a breath sample. He was convicted of multiple offences and sentenced to a total of two years imprisonment. In part, he was sentenced to 18 months for breaking, entering and assault at his ex-spouse’s residence and 6 months consecutive for assaulting the man found with his girlfriend.
Lower court rulings
Provincial Court of Alberta
150009892P1
Sentence to two years imprisonment less credit for presentence custody, fine, driving prohibition, firearms prohibition and DNA order
Court of Appeal of Alberta (Edmonton)
1503-0242-A, 2016 ABCA 176
Appeal from sentences 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