Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40313
Collin Paul Noskiye v. His Majesty the King
(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) |
|---|---|---|
| 2023-01-12 | Close file on Leave | |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
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 (Edmonton), Number 2103-0076A, 2022 ABCA 183, dated May 16, 2022, is dismissed. Dismissed |
|
| 2022-12-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-09-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-07) | Collin Paul Noskiye |
| 2022-09-29 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-10-14 | Collin Paul Noskiye |
| 2022-09-20 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-09-27) | His Majesty the King |
| 2022-09-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-20, (Printed version filed on 2022-09-20) | His Majesty the King |
| 2022-08-18 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-08-18 | |
| 2022-08-15 |
Application for leave to appeal, (Book Form), Required: -Amended cover pages with name and contact info for counsel for the respondent (Rec'd 2022-09-29) -Copy of the full application for leave to appeal (Rec'd 2022-09-29) -Certificate 23A (Rec'd 2022-09-29) -Final (signed) copy of the Reasons for Judgment of the CQB of Alberta, (Rec'd 2022-09-29) -Copy of the Order CQB of Alberta (Rec'd 2022-09-29), Completed on: 2022-10-14, (Printed version filed on 2022-11-24) |
Collin Paul Noskiye |
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 |
|---|---|---|
| Noskiye, Collin Paul | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Noskiye, Collin Paul
Counsel
The Marine Building
1000-355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-8915
FAX: (888) 765-7163
Email: cfunt@funt-litigation.com
Party: His Majesty the King
Counsel
Alberta Crown Prosecution Service
9833-109 Street, 3rd floor, Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: keith.joyce@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Appeals — If a party urges a legal error on the decision-maker regarding a material point, prevails at first instance and the decision-maker fails to dissociate itself from the erroneous submission, whether the decision-maker errs in law by failing to provide functionally adequate reasons and, on appeal, the opposing party need not show that the decision-maker expressly adopted the erroneous submission — Whether the Court of Appeal decided the case without due attention to governing 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.
Mr. Yellowknee left a party after an argument with Mr. Bigstone. Mr. Noskiye, Mr. Bigstone and Ms. Nanemahoo followed him and a fight broke out. Mr. Yellowstone was stabbed several times, twice fatally. Mr. Bigstone was cut in the neck. Mr. Noskiye was convicted for the second degree murder of Mr. Yellowknee and acquitted on a charge of assaulting Mr. Bigstone. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
170617518Q1, 2020 ABQB 727
Conviction for second degree murder; Acquittal for assault
Court of Appeal of Alberta (Edmonton)
2103-0076A, 2022 ABCA 183
Appeal from conviction 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 613‑996‑7933 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
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 613‑996‑7933 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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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