Case information
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40326
Nathan Johnson 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) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-12-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-08 | Judgment on leave sent to the parties | |
| 2022-12-08 |
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 applicant’s request that the applicant’s case be remanded back to the Nova Scotia Court of Appeal pursuant to s. 43(1.1) of the Supreme Court Act is dismissed. The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 446850, 2017 NSCA 64, dated June 12, 2017, is dismissed. Dismissed |
|
| 2022-12-08 |
Decision on motion to extend time to file and /or serve the leave application, Voir jugement sur la demande Granted |
|
| 2022-10-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-17 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-09-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-09-27, (Printed version filed on 2022-09-23) | Nathan Johnson |
| 2022-09-16 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-09-23) | His Majesty the King |
| 2022-09-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-22, (Printed version filed on 2022-09-16) | His Majesty the King |
| 2022-08-22 | Correspondence received from, (Letter Form), There are no Reasons or Order of the Supreme Court of Nova Scotia dated Dec. 2, 2015 – the proceeding was a jury trial. , (Printed version due on 2022-08-29) | Nathan Johnson |
| 2022-08-22 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2022-08-22 | |
| 2022-08-18 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-08-25) | Nathan Johnson |
| 2022-08-18 |
Certificate (on limitations to public access), (Letter Form), 23A Amended version rec'd 2022-09-23, (Printed version due on 2022-08-25) |
Nathan Johnson |
| 2022-08-18 | 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 due on 2022-08-25) | Nathan Johnson |
| 2022-08-18 |
Application for leave to appeal, (Book Form), require: -A signed copy of the Order & Reasons for Judgment of the Supreme Court of Nova Scotia dated December 2, 2015 (rec'd confirmation 2022-08-22) -A copy of the Order from the Nova Scotia Court of Appeal dated June 12, 2017 (rec'd 2022-08-22) -amended 23A (rec'd 2022-09-23), Completed on: 2022-09-27, (Printed version filed on 2022-08-25) |
Nathan Johnson |
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 |
|---|---|---|
| Johnson, Nathan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Johnson, Nathan
Counsel
3035-3080 Yonge Street
Toronto, Ontario
M4N 3N1
Telephone: (416) 918-9300
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
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
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 — Evidence — Fresh evidence — Crown witness alleged to have recanted testimony — Whether convictions should be quashed and a new trial ordered or a remand should be ordered?
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)
A man was fatally shot. The applicant was charged with first degree murder, and unlawful possession of a firearm. At the applicant’s trial there were two key Crown witnesses, the applicant’s former girlfriend, Ms. Fuller, and Paul Smith. The applicant confessed to Ms. Fuller about the murder the same evening it occurred. Ms. Fuller’s evidence was substantially corroborated by independent evidence, including physical evidence and the testimony of Paul Smith. The jury found the applicant guilty of first degree murder, and unlawful possession of a firearm. Life imprisonment with no parole eligibility for 25 years followed. The Court of Appeal dismissed the appeal from the convictions. The applicant asks this Court to remand his case back to the Nova Scotia Court of Appeal, for further proceedings, in accordance with s. 43(1.1) of the Supreme Court Act, specifically to consider the admissibility of Paul Smith’s recantations as fresh evidence. In the alternative, he asks that leave be granted so this Court may consider the admissibility of Paul Smith’s recantations as fresh evidence.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
CRH 430125 and 445421
Convictions entered: first degree murder and unlawful possession of a firearm
Nova Scotia Court of Appeal
2017 NSCA 64, CAC 446850
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
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