Case information
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40323
William Kenneth Turner 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) |
---|---|---|
2022-12-13 | Close file on Leave | |
2022-12-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2022-12-01 | Judgment on leave sent to the parties | |
2022-12-01 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2103-0028A, 2022 ABCA 11, dated January 14, 2022, is dismissed. Dismissed |
|
2022-12-01 |
Decision on motion to extend time to file and /or serve the leave application, See jugdment on the application. Granted |
|
2022-10-31 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
2022-10-31 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
2022-09-20 | Certificate (on limitations to public access), (Letter Form), (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 |
2022-08-24 | Notice of change of solicitor, (Letter Form), Please be advised that counsel assigned to this matter on behalf of the Crown Respondent is Matthew Griener., (Printed version due on 2022-08-31) | His Majesty the King |
2022-08-22 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-08-22 | |
2022-08-18 | Correspondence received from, (Letter Form), Letter Advising of Amendments to Memorandum of Argument, (Printed version filed on 2022-08-22) | William Kenneth Turner |
2022-08-16 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-08-22) | William Kenneth Turner |
2022-08-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2022-08-22, (Printed version filed on 2022-08-22) | William Kenneth Turner |
2022-08-16 |
Application for leave to appeal, (Book Form), require: -signed trial court judgment and order (rec'd clarification 2022-08-24) -amended notice of application, amended full LTA (rec'd 2022-09-20) received: -amended memorandum of argument, amended LTA, letter advising of amendments to memorandum (rec'd 2022-08-18), Completed on: 2022-09-20, (Printed version filed on 2022-08-22) |
William Kenneth Turner |
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 |
---|---|---|
Turner, William Kenneth | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
His Majesty the King | Respondent | Active |
Counsel
Party: Turner, William Kenneth
Counsel
Gilliana Shiskin
Alain Hepner
990-630 6 Ave SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 402-9698
Email: jared@jcraiglaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
Appeals, Education & Prosecution Policy Branch
9833 - 109 Street, 3rd Floor, Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: matthew.griener@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 — Sentencing — Whether the Court of Appeal unreasonably narrowed the circumstances where a conditional discharge can be granted — How should a sentencing court account for forward-looking considerations in applying Gladue and determine the appropriate sanctions for Indigenous persons?
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 applicant is a member of the Gwich’in First Nation. He was convicted of assault with a weapon and uttering death threats and was sentenced to six months imprisonment, concurrent on each count, followed by two years’ probation. Leave to appeal sentence was granted and the sentence appeal was dismissed.
Lower court rulings
Court of Queen’s Bench of Alberta
180177164Q1
Sentence imposed: concurrent six-month jail terms and a two-year probation order
Court of Appeal of Alberta (Edmonton)
2022 ABCA 11, 2103-0028A
Leave to appeal sentence granted; sentence 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