Case information
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40155
His Majesty the King v. Jasmine Doxtator
(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) |
|---|---|---|
| 2022-10-27 | 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 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66291, 2022 ONCA 155, dated February 22, 2022, is dismissed. Dismissed |
|
| 2022-09-29 |
Decision on motion to expedite the application for leave to appeal, See decision on the application. Dismissed |
|
| 2022-08-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-15 | Submission of motion to expedite the application for leave to appeal, for consideration by the Court | |
| 2022-08-11 | Certificate (on limitations to public access), 23A | Jasmine Doxtator |
| 2022-07-29 | Respondent's response on the application for leave to appeal, (Book Form), Required: 23A (rec'd 2022-08-11), Completed on: 2022-08-11, (Printed version filed on 2022-07-29) | Jasmine Doxtator |
| 2022-07-14 | Correspondence received from, (Letter Form), Change of address, (Printed version due on 2022-07-21) | Jasmine Doxtator |
| 2022-06-01 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-01 | |
| 2022-04-19 | Motion to expedite the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2022-06-01, (Printed version due on 2022-04-26) | His Majesty the King |
| 2022-04-19 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-04-20) | His Majesty the King |
| 2022-04-19 | Application for leave to appeal, (Book Form), require: amended notice (rec'd electronic copy 2022-06-16; received printed copy 2022-06-22), Completed on: 2022-06-16, (Printed version filed on 2022-04-20) | His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Doxtator, Jasmine | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: andreea.baiasu@ontario.ca
Party: Doxtator, Jasmine
Counsel
3035-3080 Yonge Street
Toronto, Ontario
M4N 3N1
Telephone: (416) 650-1845
Email: rlitkowski@slcriminallawyers.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Summary
Keywords
Criminal law — Charge to jury — Offences — Included offences — Curative Proviso —Miscarriage of justice — Whether the Crown’s appeal as of right against the co-accused warrants granting leave to appeal in the respondent’s case — What is the role of the accused’s constitutional right to control his or her defence in the application of the curative proviso?
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.
The respondent, Jasmine Doxtator, along with her co-accused Richard Doxtator, were both convicted of first degree murder by a judge sitting with a jury. Before the Ontario Court of Appeal, they appealed their convictions and requested a new trial. They submitted that the trial judge erred in failing to leave for the jury’s consideration for the respondent, the included offences of second degree murder and manslaughter. If a new trial was ordered for the respondent, they submitted that Mr. Doxtator should also have one as the cases are intertwined. A majority at the Court of Appeal agreed that the included offences should have been left with the jury for the respondent and ordered a new trial for both accused. One judge at the Court of Appeal would have dismissed Mr. Doxtator’s appeal.
Lower court rulings
Ontario Superior Court of Justice
4467/16
Conviction for first degree murder entered by judge sitting with a jury
Court of Appeal for Ontario
2022 ONCA 155, C66291
Appeal allowed; new trial ordered
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