Case information
Consult our database for details on a Supreme Court of Canada case.
40440
Shawntez Downey v. His Majesty the King
(Nova Scotia) (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) |
|---|---|---|
| 2023-03-23 | Close file on Leave | |
| 2023-03-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-16 | Judgment on leave sent to the parties | |
| 2023-03-16 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 487789, 2022 NSCA 59, dated October 6, 2022 is dismissed. Dismissed |
|
| 2023-02-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-12-20, (Printed version filed on 2022-12-22) | Shawntez Downey |
| 2022-12-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-12-14) | His Majesty the King |
| 2022-12-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-12-13, (Printed version filed on 2022-12-07) | His Majesty the King |
| 2022-11-09 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2022-11-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-11-03) | Shawntez Downey |
| 2022-11-02 |
Application for leave to appeal, (Book Form), Required: - TC Judgment and Order, and/or Transcript (Rec'd 2022-11-15), Completed on: 2022-12-07, (Printed version filed on 2022-11-03) |
Shawntez Downey |
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 |
|---|---|---|
| Downey, Shawntez | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Downey, Shawntez
Counsel
Ellen C. Williams
20 Adelaide Street East
Suite 210
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: info@alandgoldlaw.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
700-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-6034
FAX: (902) 424-8440
Email: Glenn.Hubbard@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Fresh Evidence — Hearsay — Evidence of third party suspect — Whether Court of Appeal erred in law in rejecting fresh evidence — Whether Court of Appeal misunderstood legal nature of fresh evidence and whether there was an air of reality to third-party suspect issue — What is the difference between evidence that some other person could be the perpetrator and evidence some other person is the perpetrator and the accordingly differential application of the hearsay rule.
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.
Mr. Downey was convicted by a jury for the second degree murder of Mr. McInnis and the attempted murder, unlawful confinement, and kidnapping of Mr. Thompson. The Crown’s theory was that an attempted robbery with accomplices resulted in Mr. Downey fatally shooting Mr. McInnis and shooting Mr. Thompson after he had been bound and transported to a graveyard. On appeal, Mr. Downey applied to admit fresh evidence consisting of hearsay evidence that one of the accomplices made inculpatory out-of-court statements to a private investigator and the police. The Court of Appeal dismissed the fresh evidence motion and the appeal.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
2016-127596, C.R.469488
Convictions by jury for second degree murder and for attempted murder, kidnapping and unlawful confinement
Nova Scotia Court of Appeal
2022 NSCA 59, CAC 487789
Appeal from convictions 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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