Case information
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37311
Colton Barry Ferguson 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) |
|---|---|---|
| 2017-03-02 | Close file on Leave | |
| 2017-02-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-02-24 | Judgment on leave sent to the parties | |
| 2017-02-23 |
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 motion to adduce fresh evidence is dismissed. The application for leave to appeal from the judgments of the Court of Appeal of Alberta (Edmonton), Number 1503-0026-A, 2015 ABCA 310, dated October 2, 2015, and 2016 ABCA 244, dated August 18, 2016, is dismissed. Dismissed |
|
| 2017-02-23 |
Decision on motion to adduce new evidence, See judgment on application for leave to appeal. Dismissed |
|
| 2017-02-23 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Granted |
|
| 2017-01-23 | Submission of motion to adduce new evidence, for consideration by the Court | |
| 2017-01-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-01-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-12-14 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-12-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-12-14 | Her Majesty the Queen |
| 2016-12-08 | Correspondence received from, Return of the C/A order form | Colton Barry Ferguson |
| 2016-11-25 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2016-11-25 | |
| 2016-11-22 | Correspondence received from, Jason Russell dated 2016-11-21. Re: Filing of judgments | Her Majesty the Queen |
| 2016-10-13 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2016-10-03 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-09-29 | Motion to adduce new evidence, (Book Form), (included in the application for leave to appeal), Completed on: 2016-09-29 | Colton Barry Ferguson |
| 2016-09-29 | 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: 2016-09-29 | Colton Barry Ferguson |
| 2016-09-29 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Colton Barry Ferguson |
| 2016-09-29 | Application for leave to appeal, (Book Form), C/A order missing, Completed on: 2017-02-21 | Colton Barry Ferguson |
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 |
|---|---|---|
| Ferguson, Colton Barry | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Ferguson, Colton Barry
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
3rd Floor, 9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jason.russell@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 – Appeal – Leave to Appeal – Whether applicant raises a legal issue – Whether issue is of public importance.
Mr. Ferguson was convicted of second degree murder for the fatal shooting of a woman in a transit stop. The murder was recorded by a surveillance camera. He was sentenced to life imprisonment without eligibility for parole for 15 years. He filed a notice of appeal against his conviction and sentence, 2 years and 9 months after sentencing. He applied for an extension of time to file his appeal. Veldhuis J.A. dismissed the application for an extension of time. Mr. Ferguson applied to appeal to a panel of the Court of Appeal. Veldhuis J.A. dismissed the motion and affirmed the denial of an extension of time.
Lower court rulings
Supreme Court of Alberta
30776-12-1
Sentence to life imprisonment without eligibility for parole for 15 years
Court of Appeal of Alberta (Edmonton)
1503-0026-A, 2015 ABCA 310
Application for extension of time to file an appeal dismissed
Court of Appeal of Alberta (Edmonton)
1503-0026-A, 2016 ABCA 244
See file
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