Case information
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38743
E. O. v. Her Majesty the Queen
(Yukon Territory) (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) |
|---|---|---|
| 2020-07-08 | Close file on Leave | |
| 2019-11-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-29 | Judgment on leave sent to the parties | |
| 2019-11-28 |
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 of the Yukon Territory, Number 18-YU827, 2019 YKCA 9, dated April 18, 2019, is dismissed. Dismissed |
|
| 2019-11-28 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2019-10-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-21 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2019-09-09 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2019-09-09 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2019-09-05 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2019-09-09 | Her Majesty the Queen |
| 2019-08-07 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019/08/07 | |
| 2019-08-02 | Certificate (on limitations to public access), (Letter Form), 23B | E. O. |
| 2019-08-02 | Certificate (on limitations to public access), (Letter Form), 23A | E. O. |
| 2019-08-02 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2019-08-02 | E. O. |
| 2019-08-02 | Application for leave to appeal, (Book Form), Final YKCA Order missing (rec' 2019-10-22), Completed on: 2019-08-02 | E. O. |
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 |
|---|---|---|
| O., E. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: O., E.
Counsel
Michael Dineen
Whitehorse, Yukon Territory
Y1A 1N2
Telephone: (867) 633-2844
FAX: (866) 895-2844
Email: jcunningham@northwestel.net
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Her Majesty the Queen
Counsel
200-300 Main Street
Whitehorse, Yukon Territory
Y1A 3E6
Telephone: (867) 667-8100
FAX: (867) 667-3979
Email: ludovic.gouaillier@ppsc-sppc-gc.ca
Summary
Keywords
Criminal law – Sentencing – First nations offender – Sentencing circle – Whether Court of Appeal erred by deciding a sentencing circle process was flawed and views expressed at the circle could be given no weight – Whether Court of Appeal misunderstood and misapplied R. v. Gladue, [1999] 1 S.C.R. 688, and R. v. Ipeelee, [2012] 1 S.C.R. 433, in dismissing input of indigenous participants in the circle process?
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)
E.O. was convicted of sexual exploitation contrary to s. 153(1) of the Criminal Code. A sentencing circle was held. The circle recommended a community sentence order and probation.
The sentencing judge imposed a 15-month sentence of imprisonment followed by a two-year period of probation. The Court of Appeal dismissed an appeal from the sentence.
Lower court rulings
Territorial Court of the Yukon Territory
15-00357, 2018 YKTC 28
Sentence to 15 months imprisonment, two years of probation
Court of Appeal of the Yukon Territory
18-YU827, 2019 YKCA 9
Mandatory minimum sentence declared unconstitutional and appeal from sentence otherwise 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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