Case information
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40554
Kenneth Robert Carter v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2023-06-21 | Close file on Leave | |
| 2023-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-25 | Judgment on leave sent to the parties | |
| 2023-05-25 |
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 (Calgary), Number 2001-0145A, 2022 ABCA 276, dated August 25, 2022, is dismissed. Martin J. took no part in the judgment. Dismissed |
|
| 2023-05-25 |
Decision on motion to extend time to file and /or serve the leave application, See decision on judgment Granted |
|
| 2023-04-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-03 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-02-27 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-02-27, (Printed version due on 2023-03-06) | Kenneth Robert Carter |
| 2023-02-17 | Certificate (on limitations to public access), (Letter Form), 23A & 23B, (Printed version due on 2023-02-24) | His Majesty the King |
| 2023-02-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-02-22, (Printed version filed on 2023-02-17) | His Majesty the King |
| 2023-01-18 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-01-18 | |
| 2023-01-10 | Book of authorities, (Book Form), Completed on: 2023-01-18, (Printed version filed on 2023-01-16) | Kenneth Robert Carter |
| 2023-01-10 | Certificate (on limitations to public access), (Letter Form), 23A & 23B, (Printed version filed on 2023-01-16) | Kenneth Robert Carter |
| 2023-01-10 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2023-01-18, (Printed version filed on 2023-01-16) | Kenneth Robert Carter |
| 2023-01-10 | Application for leave to appeal, (Book Form), Completed on: 2023-01-18, (Printed version filed on 2023-01-16) | Kenneth Robert Carter |
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 |
|---|---|---|
| Carter, Kenneth Robert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Carter, Kenneth Robert
Counsel
Daniel J. Song, K.C.
Laura Matalas
Jared L. Greenspan
Suite 1720 – 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-7447
Email: sheila@pringlelaw.ca
Party: His Majesty the King
Counsel
3rd Floor, Centrium Place
Suite 300-332 6th Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: brian.graff@gov.ab.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
Charter of Rights — Right to be tried within a reasonable time — Criminal law — Charge to jury — Does the 18-month presumptive ceiling apply to a one-stage criminal proceeding where the Crown prefers a direct indictment prior to the first court appearance — Should a trial judge ever instruct a jury that the failure to reach a unanimous verdict will result in a mistrial and the trial having to begin again with an entirely new jury?
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. Carter was charged with criminal harassment and tried jointly with co-accused. The Court of Queen’s Bench of Alberta dismissed an application to stay the proceedings for unreasonable delay in breach of s. 11(d) of the Charter. Mr. Carter was convicted by a jury of criminal harassment. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
160682894Q3, 2018 ABQB 657
Application to stay proceedings for unreasonable delay dismissed
Court of Appeal of Alberta (Calgary)
2001-0145A, 2022 ABCA 305
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 613-996-8666 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