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.
39086
Timothy Robert Probe v. Her Majesty the Queen
(Saskatchewan) (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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2020-07-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-07-03 | Judgment on leave sent to the parties | |
| 2020-07-02 |
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 Saskatchewan, Number CACR3146, 2020 SKCA 5, dated January 8, 2020, is dismissed. Dismissed |
|
| 2020-06-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-05-06 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2020-05-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-05-06 | Her Majesty the Queen |
| 2020-04-06 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2020/04/06 | |
| 2020-03-09 | Certificate (on limitations to public access), (Letter Form) | Timothy Robert Probe |
| 2020-03-09 | Application for leave to appeal, (Book Form), Completed on: 2020-04-06 | Timothy Robert Probe |
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 |
|---|---|---|
| Probe, Timothy Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Probe, Timothy Robert
Counsel
Lauren Wihak
1500 - 1881 Scarth Street
Regina, Saskatchewan
S4P 4K9
Telephone: (306) 757-1641
FAX: (306) 359-0785
Email: afox@mcdougallgauley.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
Party: Her Majesty the Queen
Counsel
1874 Scarth Street
3rd Floor
Regina, Saskatchewan
S4P 3V7
Telephone: (306) 787-8490
FAX: (306) 787-8878
Email: afox@mcdougallgauley.com
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 — Offences — Elements of offence — Breach of trust — Appeals — Actus reus of breach of trust — Relevance of possible code set out in policy or statute to proof of breach of trust — Onus on Crown counsel in appeal from acquittal?
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.
Mr. Probe was a councillor and deputy reeve of the Rural Municipality of Sherwood No. 159. He was charged with breach of trust by a public officer contrary to s. 122 of the Criminal Code and municipal corruption contrary to s. 123(1)(c) of the Criminal Code. Crown counsel alleged that Mr. Probe attempted to convince the municipality’s reeve to lobby other members of the municipal council in connection with a motion that, if passed, would have asked Mr. Probe to repay legal fees paid on his behalf by the municipality. Crown counsel alleged that Mr. Probe linked his willingness to compromise on another issue to the reeve’s willingness to undertake this lobbying effort. The trial judge acquitted Mr. Probe on both counts. Crown counsel appealed the acquittal on the charge of breach of trust by a public officer. The Court of Appeal granted the appeal and ordered a new trial.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
2018 SKQB 176 ;, CRM 215 of 2017
Acquittals on charges of municipal corruption and breach of trust by a public officer
Court of Appeal for Saskatchewan
2020 SKCA 5 ;, CACR3146 ;
Appeal allowed, new trial ordered on charge of breach of trust by a public officer
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