Case information
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40139
Her Majesty the Queen v. Blais Thomas Delaire
(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) |
|---|---|---|
| 2022-08-03 | 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 of Alberta (Calgary), Number 2001-0175A, 2022 ABCA 40, dated February 3, 2022, is dismissed without costs. Dismissed, without costs |
|
| 2022-06-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-05-25 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-05-25 | |
| 2022-05-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-05-25, (Printed version filed on 2022-05-13) | Her Majesty the Queen |
| 2022-05-03 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-05-03) | Blais Thomas Delaire |
| 2022-05-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-05-25, (Printed version filed on 2022-05-03) | Blais Thomas Delaire |
| 2022-04-01 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-04-08) | Her Majesty the Queen |
| 2022-04-01 | Application for leave to appeal, (Book Form), (2 volumes), required: TC Order (rec'd clarification 2022-05-25), Completed on: 2022-05-31, (Printed version filed on 2022-04-01) | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Delaire, Blais Thomas | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Alberta Department of Justice
9833-109 Street N.W., 3rd Floor,
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: joanne.dartana@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
Party: Delaire, Blais Thomas
Counsel
2402, 10104 - 103 Avenue
Edmonton, Alberta
T5J 0H8
Telephone: (780) 421-4766
FAX: (780) 429-0346
Email: brian@bereshlaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law — Evidence — Appeals — Standard of review — Whether statement to police agent admissible for truth of its contents as circumstantial evidence — Whether principles governing circumstantial evidence applicable and, if so, how — Correct standard of review and how it is to be applied — Whether Court of Appeal erred in law by substituting its own view as to a proper ground of appeal without proper notice?
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.
Months after a fatal shooting, a police agent recorded conversations in which Mr. Delaire states that he told the shooter not to do the shooting but also that if he did do the shooting, then he should be smart and not just message the victim to meet and then shoot him. Mr. Delaire was charged for abetting the shooting and was convicted of manslaughter with a firearm. The Court of Appeal allowed an appeal and entered an acquittal.
Lower court rulings
Court of Queen’s Bench of Alberta
180384901Q2
Conviction for manslaughter with a firearm
Court of Queen’s Bench of Alberta
180384901Q2
See file
Court of Appeal of Alberta (Calgary)
2001-0175A, 2022 ABCA 40
Appeal allowed, conviction set aside, acquittal entered
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