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.
40367
Arben Dauti 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) |
|---|---|---|
| 2023-02-03 | Close file on Leave | |
| 2023-02-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-02 | Judgment on leave sent to the parties | |
| 2023-02-02 |
Judgment of the Court on the application for leave to appeal, The motion to appoint counsel is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1603-0153-A, 2019 ABCA 434, dated November 14, 2019, is dismissed. Dismissed |
|
| 2023-02-02 |
Decision on the miscellaneous motion, See decision on application Dismissed |
|
| 2022-12-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-12 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-10-27 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-11-03) | His Majesty the King |
| 2022-10-27 | Certificate (on limitations to public access), (Letter Form), 23A (amended version rec'd 2022-11-28), (Printed version due on 2022-11-03) | His Majesty the King |
| 2022-10-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-10-27, (Printed version filed on 2022-10-27) | His Majesty the King |
| 2022-10-07 | Letter advising parties of a complete application for leave to appeal | |
| 2021-05-03 | Certificate (on limitations to public access), (Letter Form) | Arben Dauti |
| 2021-05-03 | Notice of miscellaneous motion, (Letter Form), Motion to Represent, Completed on: 2022-10-07 | Arben Dauti |
| 2020-06-23 | Letter requesting further materials; Court file number not assigned | |
| 2020-01-10 | Application for leave to appeal, (Book Form), Completed on: 2020-01-10 | Arben Dauti |
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 |
|---|---|---|
| Dauti, Arben | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Dauti, Arben
This party is not represented by counsel.
Party: His Majesty the King
Counsel
3rd Floor Bowker Building
9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5401
FAX: (780) 422-1106
Email: cheryl.schlecker@gov.ab.ca
Summary
Keywords
Criminal law — Evidence — Burden of proof — Whether trial judge misapplied burden of proof — Whether trial judge relied on inadmissible opinion evidence — Whether trial judge misapprehended material evidence — Whether trial judge erred in treatment of complainant's evidence?
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 complainant testified that after she met Mr. Dauti at a club, they left in his car and he sexually assaulted her. Mr. Dauti did not testify. The trial judge convicted Mr. Dauti of sexual assault. A Court of Appeal dismissed an appeal from the conviction.
Lower court rulings
Court of Queen’s Bench of Alberta
130912926Q1
Conviction for sexual assault
Court of Appeal of Alberta (Edmonton)
1603-0153-A, 2019 ABCA 434
Appeal 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