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.
38954
Her Majesty the Queen v. Nicholas Walker
(Ontario) (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) |
|---|---|---|
| 2020-03-13 | Close file on Leave | |
| 2020-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-03-06 | Judgment on leave sent to the parties | |
| 2020-03-05 |
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 for Ontario, Number C60788, 2019 ONCA 806, dated October 8, 2019, is dismissed. Dismissed, no order as to costs |
|
| 2020-02-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-01-31 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-01-31 | Her Majesty the Queen |
| 2020-01-21 | Certificate (on limitations to public access), (Letter Form) | Nicholas Walker |
| 2020-01-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-21 | Nicholas Walker |
| 2019-12-17 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 12/17/19 | |
| 2019-12-09 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2019-12-09 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2019-12-09 | 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 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Walker, Nicholas | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-9425
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Walker, Nicholas
Counsel
30 St. Clair Ave. West, Suite 103
Toronto, Ontario
M4V 3A1
Telephone: (416) 847-2560 Ext: 223
FAX: (416) 847-2564
Email: pcampbell@lcp-law.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Criminal law — Charge to jury — Fairness of trial — Judge’s opinion about evidence alleged to have unfairly undermined defence on critical factual issue — Did Court of Appeal err in holding that trial judge denied respondent a fair trial? — Did Court of Appeal err in its application of test used to assess whether trial judge erred in providing opinion on critical factual issue? — Did Court of Appeal err in finding that Crown had no basis to suggest to jury that particular inference was open to draw?
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 respondent, Nicholas Walker, was charged in 2012 of first degree murder in a fatal shooting. Of particular significance to this case is the shifting positions of the Crown on a critical piece of video evidence upon being made aware of the judge’s opinion on its nature. The jury returned with a guilty verdict of first degree murder, and this was entered by the Superior Court. The Court of Appeal allowed Mr. Walker’s appeal on the basis that, by offering a stronger opinion than the one he knew the Crown was prepared to advance, the trial judge found himself bolstering the Crown’s position. The court considered this to be fundamentally unfair to Mr. Walker, and ordered a new trial.
Lower court rulings
Ontario Superior Court of Justice
12-3-305-0000
Conviction for first degree murder entered
Court of Appeal for Ontario
2019 ONCA 806, C60788
Appeal allowed; New trial ordered
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
Not available
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
Not available