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.
38220
Her Majesty the Queen v. C.J.
(Manitoba) (Criminal) (As of Right)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-03-27 | Appeal closed | |
| 2019-03-27 | Transcript received, 35 pages | |
| 2019-03-25 | Correspondence (sent by the Court) to, the parties. Letter regarding sensitive information revealed at the hearing of the appeal. | |
| 2019-02-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-02-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-02-12 | General proceeding, (Letter Form), Publication Ban Questionnaire | C.J. |
| 2019-02-12 | General proceeding, (Letter Form), Publication Ban Questionnaire | Her Majesty the Queen |
| 2019-02-12 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | C.J. |
| 2019-02-12 | Appellant's condensed book, (Book Form), Submitted in Court (14copies) | Her Majesty the Queen |
| 2019-02-12 |
Judgment on the appeal rendered, CJ Abe Mo Ka Br, The appeal from the judgment of the Court of Appeal of Manitoba, Number AY16-30-08625, 2018 MBCA 65, dated June 4, 2018, was heard on February 12, 2019, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — For the reasons of Justice Pfuetzner, we would allow the appeal. Allowed |
|
| 2019-02-12 |
Hearing of the appeal, 2019-02-12, CJ Abe Mo Ka Br Decision rendered |
|
| 2019-01-30 | Correspondence received from, 1 reserved seat requested | Her Majesty the Queen |
| 2019-01-30 |
Notice of appearance, (Letter Form), Craig Savage will appear before the court and will present oral arguments. |
Her Majesty the Queen |
| 2019-01-30 | Notice of appearance, (Letter Form), Zilla Jones and Amanda Sansregret will be present at the hearing and will present oral argument. | C.J. |
| 2018-12-07 | Notice of hearing sent to parties | |
| 2018-12-06 |
Appeal hearing scheduled, 2019-02-12, (Previously tentatively scheduled for 2019-02-22) Decision rendered |
|
| 2018-12-04 | Appeal perfected for hearing | |
| 2018-11-26 | Certificate (on limitations to public access), (Letter Form), 23B | C.J. |
| 2018-11-26 | Certificate (on limitations to public access), (Letter Form), 23A | C.J. |
| 2018-11-26 | Respondent's factum, (Book Form), Completed on: 2018-11-26 | C.J. |
| 2018-10-01 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2018-10-01 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2018-10-01 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2018-10-01 | Appellant's record, (Book Form), RESTRICTED; 2 redacted copies filed 10/1/2018, Completed on: 2018-10-01 | Her Majesty the Queen |
| 2018-10-01 | Appellant's factum, (Book Form), Completed on: 2018-10-01 | Her Majesty the Queen |
| 2018-09-19 | Correspondence (sent by the Court) to, all parties. This appeal is tentatively scheduled for 2019-02-12. | |
| 2018-08-20 | Correspondence (sent by the Court) to, all parties, from the Deputy Registrar - dated Aug.20/2018, re: addressing the publication ban and restriction in factum and its effects on Court's reasons when delivered. | |
| 2018-08-09 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2018-08-08 | Letter acknowledging receipt of a notice of appeal | |
| 2018-08-07 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2018-08-07 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2018-08-07 | Notice of appeal, (Letter Form), Completed on: 2018-08-07 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| C.J. | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
6 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: craig.savage@gov.mb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: C.J.
Counsel
Amanda Sansregret
1150-444 St. Mary Avenue
Winnipeg, Manitoba
R3C 1T4
Telephone: (204) 415-5655
FAX: (888) 875-5006
Email: joneslawofficewpg@gmail.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Summary
Keywords
Criminal law - Evidence - Assessment - Whether the trial judge unfairly required the respondent to support his conclusion that the complainant was angry with him - Whether the Court of Appeal unduly interfered with the trial judge’s assessment of the respondent’s credibility.
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)
C.J., a seventeen-year-old boy, was convicted of one count of sexual interference and one count of invitation to sexual touching. The complainant, a six-year-old girl, alleged that C.J. had invited her to touch him inappropriately and had inappropriately touched her while they were at the park. C.J. appealed his conviction on the basis that the trial judge had misapprehended the evidence. A majority of the Court of Appeal allowed the appeal and ordered a new trial. In its view, the trial judge had made significant errors in assessing C.J.’s credibility. Finding no palpable and overriding error in the trial judge’s assessment, Pfuetzner J.A. would have dismissed the appeal,
Lower court rulings
Court of Appeal of Manitoba
AY16-30-08625, 2018 MBCA 65
Appeal allowed and new trial ordered
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