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.
39325
Randolph Todd Courchene v. Her Majesty the Queen
(Manitoba) (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 | |
| 2021-02-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-02-26 | Judgment on leave sent to the parties | |
| 2021-02-26 | Judgment on leave sent to the parties | |
| 2021-02-25 |
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 Manitoba, Number AR19-30-09305, 2020 MBCA 68, dated June 17, 2020, is dismissed. Dismissed |
|
| 2021-02-25 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2021-01-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-01-25 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-12-04 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2020-12-04 | Randolph Todd Courchene |
| 2020-12-01 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be responding to the application for leave to appeal, Completed on: 2020-12-01 | Her Majesty the Queen |
| 2020-11-30 | Application for leave to appeal, (Book Form), Final CA Order rec'd 2020/12/31, Completed on: 2020-11-30 | Randolph Todd Courchene |
| 2020-09-28 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2020-09-10 |
Certificate (on limitations to public access), (Letter Form), Fom 23A Amended certificate required-rec'd 2020/10/14 |
Randolph Todd Courchene |
| 2020-08-26 | Letter requesting further materials; Court file number not assigned | |
| 2020-08-19 |
Notice of application for leave to appeal, (Book Form), Amended notice rec'd 2020/09/10 Amended notice required-rec'd 2020/10/14 Re-amended notice of application required-rec'd 2021/01/18, Completed on: 2021-01-18 |
Randolph Todd Courchene |
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 |
|---|---|---|
| Courchene, Randolph Todd | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Courchene, Randolph Todd
Counsel
307-230 Main Street
Winnipeg, Manitoba
R3C 1A8
Telephone: (204) 223-3798
FAX: (204) 204-6657
Email: lee@wmarkslaw.com
Party: Her Majesty the Queen
Counsel
405 Broadway, 5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: craig.savage2@gov.mb.ca
Summary
Keywords
Criminal law — Evidence — Verdict — Whether trial judge misapprehended witness and expert opinion evidence — Whether verdict was reasonable — Whether s. 320.31(4) of Criminal Code applied and ought to have led to 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. Courchene lost control of his vehicle and his passenger suffered serious injuries. He was charged with dangerous driving causing bodily harm and impaired driving. A toxicologist gave opinion evidence based on blood samples taken just over two hours after the crash that he was intoxicated at the time of the accident. An accident reconstruction expert opined that he lost control of his vehicle on the shoulder of the highway while speeding in less than ideal conditions. From skid marks on the highway, the trial judge inferred an attempt to pass another vehicle on its right hand side. The trial judge did not rely on the evidence of several witnesses. The trial judge convicted Mr. Courchene of dangerous driving causing bodily harm and impaired driving. The Court of Appeal dismissed an appeal.
Lower court rulings
Provincial Court of Manitoba
Convictions for dangerous operation of a motor vehicle causing bodily harm and operating a motor vehicle while impaired
Court of Appeal of Manitoba
AR19-30-09305 ; 2020 MBCA 68
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