Case information
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39601
Amanda Lee Manuel v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-11-09 | Close file on Leave | |
| 2021-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-11-04 | Judgment on leave sent to the parties | |
| 2021-11-04 |
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 of Alberta (Edmonton), Number 2003-0058A, 2021 ABCA 134, dated April 13, 2021, is dismissed. Dismissed |
|
| 2021-09-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-08-03 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-08-10) | Her Majesty the Queen |
| 2021-08-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-08-10) | Her Majesty the Queen |
| 2021-08-03 | Respondent's response on the application for leave to appeal, (Book Form), Copy of the response (suitable for posting) rec'd on 2021-09-14, Completed on: 2021-09-14, (Printed version filed on 2021-08-03) | Her Majesty the Queen |
| 2021-06-17 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2021-06-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-06-14) | Amanda Lee Manuel |
| 2021-06-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-06-14) | Amanda Lee Manuel |
| 2021-06-07 |
Application for leave to appeal, (Book Form), require: -trial court order (rec'd 2021-06-17) -signed court of appeal judgment (rec'd 2021-06-17) -amended notice of application containing correct section of law (rec' 2021-06-24) -amended full LTA containing amended notice (rec'd paper copy 2021-09-24), Completed on: 2021-09-21, (Printed version filed on 2021-09-24) |
Amanda Lee Manuel |
| 2021-04-19 | Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 2021-04-19 | |
| 2021-04-16 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-04-23) | Amanda Lee Manuel |
| 2021-04-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-04-23) | Amanda Lee Manuel |
| 2021-04-16 | Notice of application for leave to appeal, Completed on: 2021-04-16 | Amanda Lee Manuel |
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 |
|---|---|---|
| Manuel, Amanda Lee | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Manuel, Amanda Lee
Counsel
Suite 1740 Sun Life Place
10123 - 99 Street
Edmonton, Alberta
T5J 3H1
Telephone: (780) 474-2888
FAX: (780) 665-1059
Email: dhatch@hatch.law
Party: Her Majesty the Queen
Counsel
3rd floor, Bowker Building
9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: maureen.mcguire@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
Criminal law — Evidence — Whether the Court of Appeal erred in applying the test set out in R. v. Chase, [1987] 2 S.C.R. 293, to find that the applicant’s actions amounted to a sexual assault —Whether the Court of Appeal erred in using sexual history evidence against the applicant —Whether the Court of Appeal erred in finding that the trial judge was entitled to rely upon expert opinion evidence in the absence of a clear and unequivocal waiver of a Mohan voir dire establishing expertise and qualification, thereby absolving a trial judge of their gatekeeping function?
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.
(PUBLICATION BAN ON PARTY)
The charges arose out of a series of verbal and physical altercations that took place between the complainant and the applicant. In the applicant’s version of events, the fight was brief and relatively minor. The applicant denied strangling, suffocating, kissing, biting or punching the complainant. The applicant was convicted of sexual assault, unlawful confinement, and assault causing bodily harm. The conviction appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
170460612Q1 ;
Convictions entered: sexual assault; unlawful confinement; assault causing bodily harm
Court of Appeal of Alberta (Edmonton)
2003-0058A ;, 2021 ABCA 134 ;
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