Case information
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37714
Robert Edwin Cadman v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2017-12-05 | 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, The motion to expedite the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA43551, 2017 BCCA 204, dated May 30, 2017, is dismissed. Dismissed |
|
| 2017-11-30 |
Decision on motion to expedite the application for leave to appeal Granted |
|
| 2017-10-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-10-23 | Submission of motion to expedite the application for leave to appeal, for consideration by the Court | |
| 2017-10-16 | Response to the motion to expedite the application for leave to appeal, Completed on: 2017-10-16 | Robert Edwin Cadman |
| 2017-10-12 | Motion to expedite the application for leave to appeal, (Letter Form), Completed on: 2017-10-12 | Her Majesty the Queen |
| 2017-10-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-10-06 | Robert Edwin Cadman |
| 2017-09-28 | Certificate (on limitations to public access), (Letter Form), 23-B | Her Majesty the Queen |
| 2017-09-28 | Certificate (on limitations to public access), (Letter Form), 23-A | Her Majesty the Queen |
| 2017-09-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-09-28 | Her Majesty the Queen |
| 2017-08-29 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-08-29 | |
| 2017-08-28 | Certificate (on limitations to public access), Form 23B | Robert Edwin Cadman |
| 2017-08-28 | Certificate (on limitations to public access), Form 23A | Robert Edwin Cadman |
| 2017-08-28 | Application for leave to appeal, (Book Form), Completed on: 2017-08-28 | Robert Edwin Cadman |
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 |
|---|---|---|
| Edwin Cadman, Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Edwin Cadman, Robert
Counsel
202-2955 Galdwin Road
Abbotsford, British Columbia
V2T 5T4
Telephone: (604) 855-9942
FAX: (604) 526-8595
Email: roger@thirkellaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
600-865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: matthew.scott@gov.bc.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@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)
The applicant appeals from his conviction on two counts of historic sexual assault. The indictment was framed as a single transaction involving a continuous course of conduct over several years.
The trial judge held that the proper instruction for the jury is that proof beyond a reasonable doubt of any one incident would result in a finding of guilt, and there is no legal requirement that individual jurors rely on the same incident in reaching a verdict of guilty. The unanimity requirement applies only to the essential ingredients of the offence not the facts which establish them. The jury found Mr. Cadman guilty on both counts of sexual assault. The appeal was dismissed.
Lower court rulings
Supreme Court of British Columbia
26579, 2015 BCSC 2163
Conviction of two counts of sexual assault
Supreme Court of British Columbia
26579, 2016 BCSC 474
Conditional sentence of two years
Court of Appeal for British Columbia (Vancouver)
CA43551, 2017 BCCA 204
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
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