Case information
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40327
Cameron Bounthieng Kinnavanthong v. His Majesty the King
(Manitoba) (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) |
|---|---|---|
| 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 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 Manitoba, Number AR21-30-09647, 2022 MBCA 49, dated May 4, 2022, is dismissed. Dismissed |
|
| 2023-01-12 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2022-11-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-09-21 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2022-09-27, (Printed version due on 2022-09-28) | His Majesty the King |
| 2022-09-21 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2022-09-28) | His Majesty the King |
| 2022-09-21 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2022-09-28) | His Majesty the King |
| 2022-09-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-21, (Printed version due on 2022-09-28) | His Majesty the King |
| 2022-09-21 | Certificate (on limitations to public access), (Letter Form), 23B - motion for extension, (Printed version due on 2022-09-28) | Cameron Bounthieng Kinnavanthong |
| 2022-09-21 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-09-21, (Printed version due on 2022-09-28) | Cameron Bounthieng Kinnavanthong |
| 2022-08-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-08-23 | |
| 2022-08-18 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-08-25) | Cameron Bounthieng Kinnavanthong |
| 2022-08-18 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-08-25) | Cameron Bounthieng Kinnavanthong |
| 2022-08-18 |
Application for leave to appeal, (Book Form), (2 volumes), require: -amended notice of application containing amended style of cause (rec'd 2022-08-24) -amended notice citing correct section of law and correct date of CA decision (rec'd 2022-09-21) -motion for extension of time (rec'd 2022-09-21), Completed on: 2022-09-21, (Printed version filed on 2022-08-18) |
Cameron Bounthieng Kinnavanthong |
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 |
|---|---|---|
| Kinnavanthong, Cameron Bounthieng | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Kinnavanthong, Cameron Bounthieng
Counsel
1200 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 506-5000
FAX: (204) 560-5004
Email: saul.simmonds@ssalaw.ca
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
510, Criminal Prosecutions Division
405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: ami.kotler@gov.mb.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 — Defences — Air of reality — Whether the trial judge erred in failing to afford any deference to the concession of Crown counsel that the air of reality threshold had been met — Does the word “permit” in ss. 650 and 758 of the Criminal Code allow the presiding judge to order the conduct of a dangerous offender hearing to proceed with the accused’s appearance by video without his consent?
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)
The applicant shot two victims while attempting to collect a debt in a drug house. The trial judge found that there was no air of reality to the defence of accident and instructed the jury accordingly. The jury convicted the applicant of manslaughter, aggravated assault and discharge of a firearm with intent to wound. The judge exercised his discretion and ordered that the applicant appear by videoconference at the sentencing hearing. He was determined to be a dangerous offender and an indeterminate sentence was imposed. The Court of Appeal dismissed the conviction and sentence appeals.
Lower court rulings
Court of Queen’s Bench of Manitoba
CR 18-01-36921
Convictions entered: manslaughter, aggravated assault and discharge of a firearm with intent to wound
Court of Queen’s Bench of Manitoba
CR18-01-36921
Sentence imposed: dangerous offender designation and an indeterminate sentence
Court of Appeal of Manitoba
2022 MBCA 49, AR21-30-09647
Conviction and sentence appeals 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