Case information
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40142
Gordon Frank Nickerson v. His Majesty the King
(Nova Scotia) (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) |
|---|---|---|
| 2022-10-27 | Close file on Leave | |
| 2022-09-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-29 | Judgment on leave sent to the parties | |
| 2022-09-29 |
Decision on the miscellaneous motion, See decision on application. Dismissed |
|
| 2022-09-29 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal and the motion to dispense from compliance are dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 434642, dated January 26, 2017, would have been dismissed. Dismissed |
|
| 2022-08-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-08 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-08-08 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-06-21 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version filed on 2022-06-21) | His Majesty the King |
| 2022-06-21 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-06-21) | His Majesty the King |
| 2022-06-21 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-07-04, (Printed version filed on 2022-06-21) | His Majesty the King |
| 2022-05-25 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2022/05/24 | |
| 2021-06-15 | Correspondence received from, (Letter Form), Letter regarding his application | Gordon Frank Nickerson |
| 2020-09-28 | Correspondence received from, (Letter Form), Letter regarding application materials | Gordon Frank Nickerson |
| 2020-05-04 | Correspondence received from, (Letter Form), Letter regarding his application | Gordon Frank Nickerson |
| 2019-10-02 | Letter requesting further materials; Court file number not assigned | |
| 2019-08-14 | Correspondence received from, Cover letter for amended application materials | Gordon Frank Nickerson |
| 2019-08-14 | Correspondence received from, Request for Fee Waiver-Granted 05/25/2022 | Gordon Frank Nickerson |
| 2019-08-14 | Notice of miscellaneous motion, (Book Form), Motion to Dispense with Compliance (Timeframes), Completed on: 2022-05-24 | Gordon Frank Nickerson |
| 2019-08-14 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-05-24 | Gordon Frank Nickerson |
| 2019-08-14 | Application for leave to appeal, (Book Form), Full updated application filed further to the various application filings in 2019. This application replaces previous filings., Completed on: 2022-05-24 | Gordon Frank Nickerson |
| 2019-07-30 | Letter requesting further materials; Court file number not assigned | |
| 2019-04-02 | Letter requesting further materials; Court file number not assigned | |
| 2019-02-21 | Letter acknowledging receipt of an application for leave to appeal | |
| 2019-02-15 |
Notice of application for leave to appeal, Missing: -Motion for Extension of Time (rec' 05/16/19) -Notice of Application for Leave to Appeal (rec' 05/16/19) -Memorandum of Arguments (rec' 05/16/19) -Trial Court Order (rec' 08/14/19) -Trial Court Judgment (rec' 08/14/19) -Proof of Service (rec' 05/16/19) -Public Access to Information Form -1 original + 5 copies of all materials filed, Completed on: 2019-02-15 |
Gordon Frank Nickerson |
| 2019-02-01 | Correspondence received from, (Letter Form), the applicant regarding an application for leave to appeal | Gordon Frank Nickerson |
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 |
|---|---|---|
| Nickerson, Gordon Frank | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Nickerson, Gordon Frank
This party is not represented by counsel.
Party: His Majesty the King
Counsel
700-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-2864
FAX: (902) 424-8440
Email: mark.scott@novascotia.ca
Summary
Keywords
Criminal law — Sentencing — Dangerous offenders — Evidence — Aboriginal offender —Whether error in proceedings rendered dangerous offender hearing a nullity — Whether information on accused’s Aboriginal history and decision-making was adequate — Whether expert psychiatric assessor or court should have relied on evidence seized from computer without explicit authorization or opportunity to dispute search?<br>
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)
Mr. Nickerson kidnapped and sexually assaulted two women. He pleaded guilty to kidnappings, sexual assaults, assaults, anal intercourse, breach of recognizance, dangerous operation of a motor vehicle and care, and control of a vehicle involved in an accident with intent to escape civil or criminal liability and failure to stop. The sentencing judge declared him a dangerous offender and imposed an indeterminate sentence. The Court of Appeal dismissed an appeal.
Lower court rulings
Provincial Court of Nova Scotia
2014 NSPC 67, 2426129-40
Dangerous offender designation granted; Indeterminate sentence ordered
Nova Scotia Court of Appeal
CAC 434642
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