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.
39983
Tyler Cousineau v. Attorney General of Ontario, et al.
(Ontario) (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) |
|---|---|---|
| 2022-04-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-04-14 | Judgment on leave sent to the parties | |
| 2022-04-14 | Close file on Leave | |
| 2022-04-14 |
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 for Ontario, Number C68885, 2021 ONCA 760, dated October 27, 2021, is dismissed. Dismissed |
|
| 2022-03-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-23 | Supplemental document, Court of Appeal Judgment | Tyler Cousineau |
| 2022-01-31 | Respondent's response on the application for leave to appeal, (Book Form), require: amended cover page (rec'd 2022-02-22), Completed on: 2022-02-22, (Printed version filed on 2022-03-07) | Attorney General of Ontario |
| 2022-01-31 | Certificate (on limitations to public access), (Letter Form), require: amended party name (rec'd 2022-02-22), (Printed version filed on 2022-03-07) | Attorney General of Ontario |
| 2021-12-29 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 12/29/21 | |
| 2021-12-22 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-12-22) | Tyler Cousineau |
| 2021-12-22 | Application for leave to appeal, (Book Form), Missing: CA Order (rec'd 2022-01-04), Completed on: 2022-02-21, (Printed version filed on 2021-12-22) | Tyler Cousineau |
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 |
|---|---|---|
| Cousineau, Tyler | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Respondent | Active |
| Person in Charge of Waypoint Centre for Mental Health Care | Respondent | Active |
Counsel
Party: Cousineau, Tyler
Counsel
Maya Kotob
400 University Avenue
Suite 2001
Toronto, Ontario
M5G 1S5
Telephone: (416) 504-6544
FAX: (416) 204-9562
Email: anita@asabarristers.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: Attorney General of Ontario
Counsel
Crown Law Office Criminal
720 Bay Street, 10th floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: EserviceCLOC@ontario.ca
Party: Person in Charge of Waypoint Centre for Mental Health Care
Counsel
Julia L. Lefebvre
181 University Ave
Suite 2200
Toronto, Ontario
M5H 3M7
Telephone: (416) 982-3805
FAX: (416) 982-3801
Email: jthomson@tbll.ca
Summary
Keywords
Criminal law — Appeal — Mental disorder — High Risk Accused — When do you apply the “substantial likelihood” test — Should the “substantial likelihood” test be applied with regard to an accused’s likely conduct if completely discharged from Board supervisions, or simply if the High Risk Accused designation is removed but the accused remains subject to the Board’s supervision — How should courts balance the “twin goals” of public safety and the fair treatment of individuals who commit offences while suffering from a mental disorder — Should a Board determine there is a “substantial likelihood” that a High Risk Accused will use violence that could endanger the life or safety of another person in the absence of an assessment to evaluate that risk?
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. Cousineau has been found not criminally responsible by reason of mental disorder (“NCRMD”) relating to violent offences, most recently on October 15, 2018, with respect to two counts of second degree murder. This was the second NCRMD finding, which led to a detention order, and the s. 672.64(1) of the Criminal Code high risk accused designation. The Ontario Review Board declined to order the applicant’s requested assessment. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Review Board
7442
Applicant’s motion for an assessment dismissed
Court of Appeal for Ontario
2021 ONCA 760, C68885
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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