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.
39344
Nicholas Jordan Butcher v. Her Majesty the Queen
(Nova Scotia) (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 | |
| 2021-02-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-02-05 | Judgment on leave sent to the parties | |
| 2021-02-04 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 480054, 2020 NSCA 50, dated June 25, 2020, is dismissed. Dismissed |
|
| 2020-12-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-11-13 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2020-11-13 | Nicholas Jordan Butcher |
| 2020-11-04 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2020-11-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-11-04 | Her Majesty the Queen |
| 2020-10-09 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2020/10/09 | |
| 2020-09-23 | Certificate (on limitations to public access), (Letter Form) | Nicholas Jordan Butcher |
| 2020-09-23 |
Application for leave to appeal, (Book Form), required: -amended notice citing correct section of law (rec'd 2020/10/21) -amended covers citing correct section of law (rec'd 2020/10/26), Completed on: 2020-10-26, (Printed version filed on 2020-09-24) |
Nicholas Jordan Butcher |
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 |
|---|---|---|
| Butcher, Nicholas Jordan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Butcher, Nicholas Jordan
Counsel
1533 Barrington Street
Suite PH
Halfiax, Nova Scotia
B3J 1Z4
Telephone: (902) 407-5445
FAX: (902) 407-5447
Email: jonathan@phllp.ca
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
Mark Scott
700-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-6034
FAX: (902) 424-8440
Email: Glenn.Hubbard@novascotia.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
Criminal law — Sentencing — Parole ineligibility of 15 years ordered — Whether sentencing judge erred by applying statutory aggravating factors set out in s. 718.2(a)(ii) of the Criminal Code pertaining to spouses and common law partners and s. 718.2(a)(iii) of the Criminal Code pertaining to abuse of a position of trust — Whether sentencing judge failed to properly apply the principles of parity and proportionality?
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. Butcher was in an intimate relationship with Kristin Johnston and they had been cohabiting for two months. He had discovered that she intended to end the relationship. He fatally stabbed her while she slept in their bed. A jury convicted Mr. Butcher of second-degree murder. Mr. Butcher was sentenced to life imprisonment without parole for 15 years. A majority of the Court of Appeal upheld the sentencing judge’s decision on parole ineligibility.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
CRH No. 455873; 2018 NSSC 194
Sentence to life imprisonment with no parole eligibility for 15 years
Nova Scotia Court of Appeal
CAC 480054, 2020 NSCA 50
Appeals against conviction and sentence 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