Case information
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37671
Frederick Radcliffe v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2017-12-08 | Close file on Leave | |
| 2017-12-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-08 | Judgment on leave sent to the parties | |
| 2017-12-07 |
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 for Ontario, Number C52894, 2017 ONCA 176, dated March 2, 2017, is dismissed. Dismissed |
|
| 2017-12-07 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2017-11-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-11-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-08-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-08-29 | Frederick Radcliffe |
| 2017-08-21 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2017-08-21 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2017-08-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-21 | Her Majesty the Queen |
| 2017-08-01 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/08/01 | |
| 2017-07-31 | Certificate (on limitations to public access), (Book Form), 23B | Frederick Radcliffe |
| 2017-07-31 | Certificate (on limitations to public access), (Letter Form), 23A | Frederick Radcliffe |
| 2017-07-31 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), with consent, Completed on: 2017-07-31 | Frederick Radcliffe |
| 2017-07-31 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2017-07-31 | Frederick Radcliffe |
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 |
|---|---|---|
| Radcliffe, Frederick | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Radcliffe, Frederick
Counsel
Toronto, Ontario
M5X 1C7
Telephone: (416) 915-4206
Email: snell@briansnell.ca
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
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartletthughes@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
Criminal law – Sentencing – Dangerous offenders – Aboriginal heritage –Whether Gladue factors and s. 718(2)(e) of the Criminal Code are of such limited relevance in dangerous offender applications that a case involving an Aboriginal Canadian can be decided without reference to them – Whether sentencing judge was required to consider Gladue factors?
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)
Mr. Radcliffe was convicted of sexual interference, sexual assault and failure to comply with a recognizance. Crown counsel applied for a dangerous offender designation. Mr. Radcliffe, a Cree, was adopted when he was four months old. At the dangerous offender hearing, his counsel led into evidence a letter from the Native Inmate Liaison Officer at Mr. Radcliffe’s detention centre. The officer states that Mr. Radcliffe had self-identified as Aboriginal and he had participated in Aboriginal programs. Defence counsel sought a long term offender designation. The sentencing judge declared Mr. Radclifffe a dangerous offender. He referred to the Native Inmate Liaison Officer’s letter but he did not refer to Gladue factors or R. v. Gladue, [1999] 1 S.C.R. 688, and no Gladue report was ordered.
Lower court rulings
Ontario Superior Court of Justice
Convictions: sexual touching of a person under fourteen years old, sexual assault, breach of recognizance
Ontario Superior Court of Justice
2010 ONSC 5829
Applicant declared a dangerous offender, indeterminate sentence imposed
Court of Appeal for Ontario
C52894, 2017 ONCA 176
Appeal from sentence (and convictions) 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
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