Case information
Consult our database for details on a Supreme Court of Canada case.
39789
Joshua Gregory Frank 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) |
|---|---|---|
| 2022-06-22 | Close file on Leave | |
| 2022-06-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-06-16 | Judgment on leave sent to the parties | |
| 2022-06-16 |
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 Alberta (Calgary), Number 1801-0083-A, 2021 ABCA 48, dated February 8, 2021, is remanded to the Court of Appeal for Alberta for disposition in accordance with Her Majesty the Queen v. Alexandre Bissonnette, 2022 SCC 23. Remand |
|
| 2022-06-16 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2021-11-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-11-01 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-10-28 | Certificate (on limitations to public access), 23A-B | Her Majesty the Queen |
| 2021-09-13 |
Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-09-13 |
|
| 2021-09-13 | Correspondence received from | Joshua Gregory Frank |
| 2021-09-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-10-28 | Her Majesty the Queen |
| 2021-08-17 | Supplemental document, Reasons for Judgment on Sentencing of the Court of Queen’s Bench of Alberta | Joshua Gregory Frank |
| 2021-08-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2021-09-13, (Printed version filed on 2021-08-13) | Joshua Gregory Frank |
| 2021-08-13 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-08-13) | Joshua Gregory Frank |
| 2021-08-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-08-13) | Joshua Gregory Frank |
| 2021-08-13 |
Application for leave to appeal, (Book Form), Require: - Court of appeal Order , Completed on: 2021-11-03, (Printed version filed on 2021-08-13) |
Joshua Gregory Frank |
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 |
|---|---|---|
| Frank, Joshua Gregory | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Frank, Joshua Gregory
Counsel
1019 13th Ave SW
Calgary, Alberta
T2R 0L5
Telephone: (403) 474-8188
FAX: (403) 474-8883
Email: aurquhart@calgarydefence.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
Appeals, Education & Prosecution Policy Branch
3rd Floor, Centrium Place, 300, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: JSG-ACPS.CAL-Appeals@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Charter of Rights — Constitutional law — Criminal law — Cruel and unusual treatment or punishment — Right to life, liberty and security of person — Provision allowing judge to add one 25 year period for each first degree murder before eligibility for parole — Whether periods of parole ineligibility on each count are to be served concurrently or consecutively — Does s. 745.51 of the Criminal Code apply to an accused who was simultaneously convicted of multiple murders at a single trial — Whether s. 745.51 of Criminal Code is contrary to ss. 7, 12 of Charter — Was it open for the Court of Appeal to substitute the sentence it considered appropriate, primarily on the basis that the sentencing judge erred in principle — Canadian Charter of Rights and Freedoms, ss. 7, 12 — Criminal Code, R.S.C. 1985, c. C 46, s. 745.51.
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.
Three of Klaus’ family members were killed by each being shot in the head, twice. Frank and Klaus were convicted of three counts of first degree murder. Frank and Klaus were each given the mandatory life sentence with 25 years of parole ineligibility on each count of murder. The trial judge concluded that parole ineligibility of 50 or 75 years was not justified, and he accordingly directed that Klaus and Frank’s periods of parole ineligibility be served concurrently. The majority of the Court of Appeal allowed the Crown’s appeals and made an order pursuant to s. 745.51(1) of the Criminal Code that the parole ineligibility period of 25 years applicable to the first-degree murder of Monica Klaus was to be served consecutively to the parole ineligibility periods imposed by the trial judge to be served concurrently on the first degree murders of Gordon and Sandra Klaus. In the result, both Klaus and Frank were subjected to a 50 year term of parole ineligibility.
Lower court rulings
Court of Queen’s Bench of Alberta
141048777Q1, 2018 ABQB 97
Mandatory life sentences with 25 years of parole ineligibility on each count of murder; periods of parole ineligibility on each count to be served concurrently
Court of Appeal of Alberta (Calgary)
1801-0083-A, 1801-0084-A, 2021 ABCA 48
Crown appeal allowed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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