Case information
Consult our database for details on a Supreme Court of Canada case.
39909
K.G.P. v. Her Majesty the Queen
(Manitoba) (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) |
|---|---|---|
| 2022-03-29 | Close file on Leave | |
| 2022-03-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-17 | Judgment on leave sent to the parties | |
| 2022-03-17 |
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 Manitoba, Number AR 21-30-09594, 2021 MBCA 79, dated September 17, 2021, is dismissed. Dismissed |
|
| 2022-02-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-31 | Correspondence received from, Applicant will not be filing a Reply | K.G.P. |
| 2022-01-19 | Certificate (on limitations to public access), 23B | Her Majesty the Queen |
| 2022-01-19 | Certificate (on limitations to public access), 23A | Her Majesty the Queen |
| 2022-01-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-04, (Printed version filed on 2022-01-19) | Her Majesty the Queen |
| 2021-12-13 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-13 | |
| 2021-11-16 | Certificate (on limitations to public access), (Book Form), 23A-B, (Printed version filed on 2021-11-16) | K.G.P. |
| 2021-11-16 | Application for leave to appeal, (Book Form), Signed CA Reasons require (rec'd 2021-12-15), Completed on: 2022-02-04, (Printed version filed on 2021-11-16) | K.G.P. |
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 |
|---|---|---|
| K.G.P. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: K.G.P.
Counsel
Marc Kruse
1640-155 Carlton Street
Winnipeg, Manitoba
R3C 3H8
Telephone: (204) 415-5544
FAX: (800) 210-0966
Email: josh@rdrlaw.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
5th Flr., Criminal Prosecutions Division
405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 797-2357
FAX: (204) 945-1260
Email: ami.kotler@gov.mb.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
Criminal law — Offence — Sexual assault — Application of legal principles of capacity and consent — Victim incapable of consenting due to mental illness — Whether the Court of Appeal erred in giving deference to the trial judge’s decision — Whether the trial judge erred in law by allowing the Crown to lead evidence of the victim’s prior sexual history
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 IN CASE)
The applicant’s position is that the victim consented to the sexual activity, or in the alternative, that he had an honest but mistaken belief that she had communicated consent. Based on the evidence and the expert testimony, the trial judge found that because of her mental illness at the time, the victim did not have the operating mind necessary to appreciate that she was agreeing or to appreciate the nature and quality of the sexual activity. The trial judge rejected the applicant’s defence of an honest but mistaken belief in consent. The applicant was convicted of sexual assault. The conviction appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Manitoba
2020 MBQB 138, CR19-01-37687
Conviction entered: sexual assault
Court of Appeal of Manitoba
2021 MBCA 79, AR 21-30-09594
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 613-996-8666 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