Case information
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40355
Ashton Dennis Natomagan v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2023-03-10 | Close file on Leave | |
| 2023-03-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-02 | Judgment on leave sent to the parties | |
| 2023-03-02 |
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 2003-0008-A, 2022 ABCA 48, dated February 11, 2022, is dismissed. Dismissed |
|
| 2023-03-02 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application. Granted |
|
| 2023-01-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-01-09 | Submission of motion to extend time to file and/ or serve the leave application | |
| 2022-10-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-11-03, (Printed version due on 2022-10-31) | Ashton Dennis Natomagan |
| 2022-10-17 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2022-11-03, (Printed version due on 2022-10-24) | His Majesty the King |
| 2022-10-17 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-10-24) | His Majesty the King |
| 2022-10-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-24) | His Majesty the King |
| 2022-10-17 | Respondent's response on the application for leave to appeal, (Book Form), (3 volumes), Completed on: 2022-11-03, (Printed version filed on 2022-10-17) | His Majesty the King |
| 2022-09-16 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-09-16 | |
| 2022-09-12 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-09-22) | Ashton Dennis Natomagan |
| 2022-09-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-09-22) | Ashton Dennis Natomagan |
| 2022-09-12 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2022-09-16, (Printed version due on 2022-09-19) | Ashton Dennis Natomagan |
| 2022-09-12 | Application for leave to appeal, (Book Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Completed on: 2022-09-12, (Printed version filed on 2022-09-22) | Ashton Dennis Natomagan |
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 |
|---|---|---|
| Natomagan, Ashton Dennis | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Natomagan, Ashton Dennis
Counsel
Tania Shapka
1720 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: djsong@pringlelaw.ca
Party: His Majesty the King
Counsel
300 Centrium Place
332-6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-8477
FAX: (403) 355-4518
Email: iwona.kuklicz@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 — Dangerous and long term offenders — Can a broad and purposive application of s. 718.2(e) of the Criminal Code justify a determinate sentence for an Indigenous dangerous offender, even where a court is uncertain whether the sentence would sufficiently protect the public under s. 753(4.1) — Where actuarial risk assessments are racially biased, can a sentencing judge rely on s. 718.2(e) to decline to impose an indeterminate sentence on an Indigenous dangerous offender?
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)
Mr. Natomagan grabbed a woman from behind, choked her unconscious, took her into an alley, held her at knifepoint, threatened her, bound and gagged her, demanded money and sexually assaulted her. A jury convicted him of robbery, sexual assault with a weapon, kidnapping, and choking to enable commission of offences. Crown counsel commenced a dangerous offender application. The sentencing judge declared Mr. Natomagan to be a dangerous offender and ordered a 20-year sentence plus 10-years supervision. The Court of Appeal allowed an appeal and imposed a sentence for an indeterminate period.
Lower court rulings
Court of Queen’s Bench of Alberta
150487387Q1, 2019 ABQB 943
Dangerous offender designation declared; Concurrent sentences of 20 years, 14 years, 10 years and 10 years and long-term supervision for 10 years
Court of Appeal of Alberta (Edmonton)
2003-0008-A, 2022 ABCA 48
Appeal from sentences allowed, sentence for indeterminate period ordered
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