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.
40410
Wilbur Dedam v. His Majesty the King
(New Brunswick) (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) |
|---|---|---|
| 2023-02-20 | Close file on Leave | |
| 2023-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-09 | Judgment on leave sent to the parties | |
| 2023-02-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 57-21-CA, 2022 NBCA 41, dated August 11, 2022, is dismissed. Dismissed |
|
| 2023-01-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-28 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-11-04) | His Majesty the King |
| 2022-10-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-11-04) | His Majesty the King |
| 2022-10-28 |
Respondent's response on the application for leave to appeal, (Book Form), Require - Amended 23A (rec'd 2022-11-15), Completed on: 2022-11-15, (Printed version filed on 2022-10-31) |
His Majesty the King |
| 2022-10-25 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2022-10-25 | |
| 2022-10-04 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2022-10-06) | Wilbur Dedam |
| 2022-10-04 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-10-06) | Wilbur Dedam |
| 2022-10-04 |
Application for leave to appeal, (Book Form), Missing: - TC signed order (rec'd 2022-10-25) - TC signed judgement (rec'd 2022-10-25) - Proof of service (rec'd 2022-10-20) Require (possible) - Amended 23A, Completed on: 2023-01-06, (Printed version filed on 2022-10-06) |
Wilbur Dedam |
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 |
|---|---|---|
| Dedam, Wilbur | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Dedam, Wilbur
Counsel
TJ Burke, K.C
161 Bay Street, Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 362-3681
FAX: (416) 362-8410
Email: mlacy@btlegal.ca
Party: His Majesty the King
Counsel
Place Chancery, Salle 2078, 2ieme etage
C.P. 600
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2784
FAX: (506) 453-2784
Email: Patrick.mcguinty@gnb.ca
Summary
Keywords
Criminal law — Evidence — Appeals — Sentencing —When is it appropriate to interfere with a trial judge’s credibility finding — When can exculpatory utterances adduced as part of the Crown’s case be used for the truth of their contents in a W.(D.) analysis — Whether the accused’s sentences were demonstrably unfit?
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.
Three adult complainants who had lived with Mr. Dedam and his family as children alleged historic sexual offences. Mr. Dedam was convicted of sexual assault, rape, sexual intercourse with a female under 14 years of age, and sexual intercourse with a female between 14 and 16 years of age. He was sentenced to concurrent terms of imprisonment. The longest sentences were ten years. The Court of Appeal dismissed an appeal from the convictions and allowed an appeal from the sentences, reducing the global term to 9 years.
Lower court rulings
Court of Queen’s Bench of New Brunswick
14831113; NCR-2-2015, 2021 NBQB 47
Convictions for sexual assault; rape; sexual intercourse with a female under 14; sexual intercourse with a female between 14 and 16; acquittals on two counts
Court of Appeal of New Brunswick
2022 NBCA 41, 57-21-CA
Appeal from convictions dismissed; Appeal from sentences allowed, sentences reduced to 9 years global
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