Case information
Consult our database for details on a Supreme Court of Canada case.
40022
Derek Albert Joseph Lariviere 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) |
|---|---|---|
| 2022-05-13 | Close file on Leave | |
| 2022-05-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-05-12 | Judgment on leave sent to the parties | |
| 2022-05-12 |
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 Manitoba, Number AR21-30-09566, 2021 MBCA 76, dated September 8, 2021, is dismissed. Dismissed |
|
| 2022-05-12 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2022-03-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-21 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-02-16 | Certificate (on limitations to public access), (Letter Form), 23B - Reply, (Printed version filed on 2022-02-17) | Derek Albert Joseph Lariviere |
| 2022-02-16 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-03-02, (Printed version filed on 2022-02-17) | Derek Albert Joseph Lariviere |
| 2022-02-07 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-02-14) | Her Majesty the Queen |
| 2022-02-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-02-14) | Her Majesty the Queen |
| 2022-02-07 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-03-02, (Printed version filed on 2022-02-07) | Her Majesty the Queen |
| 2022-02-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-02-07) | Her Majesty the Queen |
| 2022-01-20 | Certificate (on limitations to public access), 23B for TC Judgment | Derek Albert Joseph Lariviere |
| 2022-01-06 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-01-06 | |
| 2022-01-04 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-01-06 | Derek Albert Joseph Lariviere |
| 2022-01-04 | Certificate (on limitations to public access), (Letter Form), 23A-B, (Printed version filed on 2022-01-14) | Derek Albert Joseph Lariviere |
| 2022-01-04 |
Application for leave to appeal, (Book Form), Require: - Signed Trial Court Reasons for Judgment (clarification rec'd 2022-01-20) - Trial Court Order (Rec'd 2022-01-20) 23B for TC Order rec'd 2022-01-20, Completed on: 2022-03-21, (Printed version filed on 2022-01-14) |
Derek Albert Joseph Lariviere |
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 |
|---|---|---|
| Lariviere, Derek Albert Joseph | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lariviere, Derek Albert Joseph
Counsel
Hayley Allardyce
780-444 St. Mary Avenue
Winnipeg, Manitoba
R3C 3T1
Telephone: (204) 953-3694
FAX: (204) 953-3699
Email: sinness@cgilaw.net
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
510-405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 918-0466
FAX: (204) 945-1260
Email: michelle.bright@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 — Trial — Defences — Evidence — What is the obligation of trial judges to consider possible defences not advance by the defence — Whether Court of Appeal misinterpreted rule against drawing an adverse inference from defence’s failure to call evidence, particularly where the evidence was speculative and difficult to obtain?
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)
A complainant alleged Mr. Lariviere sexually assaulted her when she was 16 years old and that he filmed some of the encounter on a cell phone. The complainant claimed she was too inebriated at the time to consent. The complainant alleged that Mr. Lariviere attempted to extort further sexual activity by threatening to post a video of the encounter on the internet. Mr. Lariviere was convicted of sexual assault, making child pornography and extortion. The Court of Appeal dismissed an appeal.
Lower court rulings
Provincial Court of Manitoba
Convictions for sexual assault, making child pornography and extortion
Court of Appeal of Manitoba
2021 MBCA 76, AR21-30-09566
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