Case information
Consult our database for details on a Supreme Court of Canada case.
40583
Season Lavallee v. His Majesty the King
(Manitoba) (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) |
|---|---|---|
| 2023-07-25 | Close file on Leave | |
| 2023-07-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-07-20 | Judgment on leave sent to the parties | |
| 2023-07-20 |
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 Manitoba, Number AR21-30-09697, 2022 MBCA 79, dated September 21, 2022, is dismissed. Dismissed |
|
| 2023-07-20 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on the application Granted |
|
| 2023-06-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-06-12 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-02-24 | Certificate (on limitations to public access) | His Majesty the King |
| 2023-02-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-02-24, (Printed version filed on 2023-02-24) | His Majesty the King |
| 2023-02-01 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2023-02-01 | |
| 2023-01-20 | Certificate (on limitations to public access), (Letter Form), Certificate 23A, (Printed version due on 2023-01-27) | Season Lavallee |
| 2023-01-20 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2023-01-20, (Printed version due on 2023-01-27) | Season Lavallee |
| 2023-01-20 | Application for leave to appeal, (Book Form), Completed on: 2023-01-23, (Printed version filed on 2023-01-23) | Season Lavallee |
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 |
|---|---|---|
| Lavallee, Season | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Lavallee, Season
Counsel
Omri Plotnik
175 Hargrave Street, Suite 213
Winnipeg, Manitoba
R3C 3R8
Telephone: (204) 410-3080
FAX: (204) 410-3077
Email: scott@scottnewman.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: His Majesty the King
Counsel
5th Floor – 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 918-0478
FAX: (204) 945-1260
Email: deann.sahulka@gov.mb.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 — Offences — Criminal contempt of court — Whether Criminal contempt of court can be “purged” — What is the procedure to follow to determine whether criminal contempt of court is “purged” — What is the effect of “purging” criminal contempt of court? — Was criminal contempt of court “purged” in this case?
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.
Ms. Lavallee was served with a subpoena to give evidence at a trial, but she did not willingly attend. After she was arrested pursuant to a witness warrant, she testified at the trial. The trial judge cited her for criminal contempt of court and ordered her to appear at a show-cause hearing. Ms. Lavallee pleaded guilty to criminal contempt but argued that she had “purged” her contempt and that no punishment should be imposed. The trial judge sentenced her to 10 months in jail, less time served. The Court of Appeal dismissed an appeal from the conviction, but it allowed an appeal from the sentence and substituted a sentence of 5 months in jail.
Lower court rulings
Court of Queen’s Bench of Manitoba
CR19-01-37559
Applicant is sentenced to 10 months in jail (less time served) for common law criminal contempt.
Court of Appeal of Manitoba
2022 MBCA 79, AR21-30-09697
Appeal from conviction 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