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.
39319
Jeremy Newborn v. Her Majesty the Queen
(Alberta) (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 | |
| 2021-01-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-01-22 | Judgment on leave sent to the parties | |
| 2021-01-22 | Judgment on leave sent to the parties | |
| 2021-01-21 |
Judgment of the Court on the application for leave to appeal, The motion to join two Court of Appeal of Alberta files in a single application for leave to appeal is granted. 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 judgments of the Court of Appeal of Alberta (Edmonton), Number 1603-0145-A, 2019 ABCA 123, dated April 5, 2019, and Number 1603-0145-A, 2020 ABCA 120, dated March 26, 2020, is dismissed. Dismissed |
|
| 2021-01-21 |
Decision on the miscellaneous motion, See judgment on application. Granted |
|
| 2021-01-21 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2020-12-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-12-14 | Submission of miscellaneous motion, for consideration by the Court | |
| 2020-12-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-12-09 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2020-12-09 | Her Majesty the Queen |
| 2020-12-09 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2020-12-09, (Printed version filed on 2020-12-16) | Jeremy Newborn |
| 2020-10-26 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2020-10-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-26 | Her Majesty the Queen |
| 2020-09-17 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 09/17/20 | |
| 2020-09-09 | Certificate (on limitations to public access), (Letter Form) | Jeremy Newborn |
| 2020-09-09 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion to Join, Completed on: 2020-09-09 | Jeremy Newborn |
| 2020-09-09 |
Application for leave to appeal, (Book Form), Missing: Motion for Extension of Time (rec' 12/09/20) TC Order (rec' 09/21/20), Amended Notice of Application (rec' 09/18/20), Completed on: 2020-12-11 |
Jeremy Newborn |
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 |
|---|---|---|
| Newborn, Jeremy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Newborn, Jeremy
Counsel
Amanda H. Goodwin
1710 Phipps McKinnon Bldg.
10020 - 101A Avenue NW
Edmonton, Alberta
T5J 3G2
Telephone: (780) 424-6750 Ext: 225
FAX: (780) 424-7768
Email: renouf@renouflaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
3rd Floor, 9833-109 St. N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jason.russell@gov.ab.ca
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
Charter of Rights — Criminal law — Cruel and unusual treatment or punishment — Right to fair hearing — Right to trial by jury — Whether the mandatory minimum life sentence for second degree murder establishes a punishment that is grossly disproportionate when considered in the context of the individual circumstances of the applicant and therefore infringes s. 12 of the Charter — Whether s. 4(h) of the Alberta Jury Act is unconstitutional as it systemically excludes indigenous people from juries — ss. 11(d), 11(f), 12 of the Charter of Rights and Freedoms.
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. Newborn attacked Mr. Hollar on a Light Rail Transit train. Mr. Hollar was placed on life support, and died two days later. The attack appeared to be unprovoked. Mr. Newborn, an Indigenous person, challenged the jury selection process, arguing that his rights under s. 11 (d) and (f) of the Charter had been violated. Mr. Newborn also argued that the exclusion from jury eligibility (under s. 4 of the Jury Act, RSA, 2000, c.J 3) of persons who have been convicted of a criminal offence was unconstitutional, because it disproportionately excluded aboriginal persons. The trial judge upheld the constitutionality of s. 4(h)(i) of the Jury Act. Mr. Newborn was convicted of second degree murder. The sentencing judge held that the mandatory minimum sentence for second degree murder did not violate Mr. Newborn’s s. 12 Charter rights. Mr. Newborn was sentenced to life imprisonment, setting parole ineligibility at 15 years. Mr. Newborn’s appeal regarding the constitutionality of the Jury Act was dismissed. The constitutional challenge to the provisions of the Criminal Code regarding the mandatory minimum sentence for second degree murder was denied. The mandatory minimum sentence for second degree murder did not violate Mr. Newborn’s s. 12 Charter rights. Mr. Newborn’s appeal of his period of parole ineligibility was also dismissed. The Court of Appeal dismissed the conviction, and sentence appeals.
Lower court rulings
Court of Queen’s Bench of Alberta
130920374Q1, 2016 ABQB 13
Conviction entered: second degree murder
Court of Queen’s Bench of Alberta
130920374Q1, 2018 ABQB 47
Sentence imposed: life imprisonment
Court of Appeal of Alberta (Edmonton)
1603-0145-A, 2019 ABCA 123
Conviction appeal dismissed
Court of Appeal of Alberta (Edmonton)
1603-0145-A, 2020 ABCA 120
Sentence appeal dismissed
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