Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
37686
Nicholas Gordon Rasberry 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) |
|---|---|---|
| 2019-02-18 | Close file on Leave | |
| 2019-01-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-01-18 | Judgment on leave sent to the parties | |
| 2019-01-17 |
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 (Calgary), Number 1501-0308A, 2018 ABCA 128, dated March 29, 2018, is dismissed. Martin J. took no part in the judgment. Dismissed |
|
| 2018-12-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-08-23 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-08-23 | Nicholas Gordon Rasberry |
| 2018-08-13 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2018-08-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-08-13 | Her Majesty the Queen |
| 2018-06-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, SECOND APPLICATION FILE OPENED 2018/06/14 | |
| 2018-05-28 | Certificate (on limitations to public access) | Nicholas Gordon Rasberry |
| 2018-05-28 | Application for leave to appeal, (Book Form), SECOND APPLICATION; Reason and jugement rc'd on 2018-06-07, Completed on: 2018-05-28 | Nicholas Gordon Rasberry |
| 2018-05-28 | Reopen file | |
| 2017-12-05 | Close file on Leave | |
| 2017-12-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-12-01 | Judgment on leave sent to the parties | |
| 2017-11-30 |
Judgment of the Court on the application for leave to appeal, CJ Abe Mo Ka Wa Ga Côt Br Row, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1501-0308A, 2017 ABCA 135, dated May 5, 2017, is dismissed. Dismissed |
|
| 2017-10-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-10-03 | Correspondence received from, Applicant, re: notice of agent representing two opposing parties. | Nicholas Gordon Rasberry |
| 2017-09-18 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-09-18 | Nicholas Gordon Rasberry |
| 2017-09-06 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2017-09-06 | Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), Completed on: 2017-09-06 | Her Majesty the Queen |
| 2017-08-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/08/10 | |
| 2017-08-04 | Certificate (on limitations to public access), (Letter Form) | Nicholas Gordon Rasberry |
| 2017-08-04 | Application for leave to appeal, (Book Form), APPLICATION ONE - amended notice rec'd 2017/08/10 and inserted into the application, Completed on: 2017-08-04 | Nicholas Gordon Rasberry |
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 |
|---|---|---|
| Gordon Rasberry, Nicholas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Gordon Rasberry, Nicholas
Counsel
Suite 1500, 633 - 6th Avenue SW
Calagary, Alberta
T2P 2Y5
Telephone: (403) 265-6500
FAX: (403) 263-1111
Email: gavin@wolch.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: julie.morgan@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 — Sentencing — Mitigating factors — Provocation — Character evidence — Remorse — Accused stabbed victim multiple times after victim threatened to rape accused and his wife — Accused convicted of manslaughter and sentenced to seven years imprisonment — Both accused and Crown’s appeals against conviction dismissed — Accused’s appeal against sentence dismissed — On appeal against sentence, whether Court of Appeal erred as to appropriate sentencing range for manslaughter.
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.
The applicant, Mr. Rasberry, and the victim, Mr. Kelloway, were neighbours when they met for the first time in May 2013. The two men as well as Mr. Rasberry’s wife and Mr. Kelloway’s girlfriend gathered at the Kelloway home for a barbecue. That evening, Mr. Kelloway died of multiple stab wounds. Mr. Rasberry admitted to having inflicted them after Mr. Kelloway threatened to rape him and his wife. At the trial on a charge of second-degree murder, the judge rejected the defence of self-defence but found provocation. He convicted Mr. Rasberry of manslaughter and imposed a sentence of seven years imprisonment. Both the Crown and Mr. Rasberry appealed against conviction. The Crown took issue with the finding of provocation while Mr. Rasberry took issue with the rejection of self-defence. The Court of Appeal dismissed both appeals against conviction. Later, Mr. Rasberry appealed against his sentence. A majority of the Court of Appeal dismissed that appeal as well.
Lower court rulings
Court of Queen’s Bench of Alberta
130509284Q1, 2015 ABQB (ORAL)
Accused convicted of manslaughter and sentenced to seven years in prison.
Court of Appeal of Alberta (Calgary)
1501-0308A, 2017 ABCA 135
Both accused and Crown’s appeals of manslaughter conviction dismissed.
Court of Appeal of Alberta (Calgary)
1501-0308A, 2018 ABCA 128
Accused’s appeal against sentence 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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