Case information
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40096
T.S.C. v. Her Majesty the Queen
(Saskatchewan) (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) |
|---|---|---|
| 2022-08-03 | Close file on Leave | |
| 2022-07-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-07-28 | Judgment on leave sent to the parties | |
| 2022-07-28 |
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 Saskatchewan, Number CACR3444, 2022 SKCA 1, dated January 5, 2022, is dismissed. Dismissed |
|
| 2022-06-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-05-25 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-06-01) | Her Majesty the Queen |
| 2022-05-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-06-01) | Her Majesty the Queen |
| 2022-05-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-05-25, (Printed version filed on 2022-05-26) | Her Majesty the Queen |
| 2022-04-25 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-04-25 | |
| 2022-04-22 | Certificate (on limitations to public access), 23B | T.S.C. |
| 2022-04-22 | Certificate (on limitations to public access), 23A | T.S.C. |
| 2022-01-21 |
Application for leave to appeal, (Book Form), REDACTED copy - Application - rec'd 2022-01-21 UNREDACTED copy - Application - rec'd 2022-04-22 Required: - 23A / 23B Forms (rec'd 2022-04-22) - CA order (not available ) - Signed TC reasons & orders (Not available) - Unredacted version of the Application (reç'd 2022-04-23), Completed on: 2022-05-13 |
T.S.C. |
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 |
|---|---|---|
| T.S.C. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: T.S.C.
Counsel
2010-11th Avenue, 7th Floor
Regina, Saskatchewan
S4P 0J3
Telephone: (306) 530-5986
Email: Dan@leblanclaw.ca
Party: Her Majesty the Queen
Counsel
300 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: erin.bartsch@gov.sk.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 — Elements of offence — Sexual assault — Whether the Court of Appeal erred in law in its treatment of the actus reus in the offence of sexual assault — Whether the Court of Appeal misapplied s. 276 of the Criminal Code and the jurisprudence.
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) (SEALING ORDER)
T.S.C. and the complainant had a relationship. Following their child’s birth, the complainant re established contact with T.S.C. so that he could develop a relationship with the child. At trial, the Crown tendered evidence of two sexual encounters that occurred within the same night but narrowed the scope of the sexual assault allegation to only the first encounter at the end of trial due to the complainant’s lack of recall. T.S.C. was convicted of sexual assault and was sentenced to two years’ imprisonment. The conviction appeal was dismissed. Leave to appeal the sentence was granted, and the sentence appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Saskatchewan
CRM 360/2019
Conviction entered: sexual assault
Court of Queen’s Bench of Saskatchewan
2021 SKQB 82, CRM 360 of 2019
Sentence imposed: two years’ imprisonment
Court of Appeal for Saskatchewan
2022 SKCA 1, CACR 3444
Conviction appeal dismissed; leave to appeal sentence granted, sentence 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