Case information
Consult our database for details on a Supreme Court of Canada case.
40613
Haben Abrham Weldekidan 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) |
|---|---|---|
| 2023-07-10 | Close file on Leave | |
| 2023-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-06-29 | Judgment on leave sent to the parties | |
| 2023-06-29 |
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 Manitoba, Number AR21-30-09707, 2022 MBCA 102, dated December 12, 2022, is dismissed. Dismissed |
|
| 2023-05-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-03-06 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-03-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-03-07, (Printed version filed on 2023-03-06) | His Majesty the King |
| 2023-02-17 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-02-17 | |
| 2023-02-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-02-13) | Haben Abrham Weldekidan |
| 2023-02-06 |
Application for leave to appeal, (Book Form), Required: TC Order (Not available), Completed on: 2023-02-27 |
Haben Abrham Weldekidan |
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 |
|---|---|---|
| Weldekidan, Haben Abrham | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Weldekidan, Haben Abrham
Counsel
Laura C. Robinson
1120 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8199
FAX: (204) 560-5226
Email: evan.roitenberg@wrrwmlaw.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
Monique Cam
510 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: Christian.Vanderhooft@gov.mb.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 — Admissibility — Voir dire held regarding admissibility of videotaped statements of the victims — Threshold reliability of victims’ statements established — Ultimate reliability of all statements confirmed by trial judge — Trial judge admitted videotaped statements of victims — Assessment of ultimate reliability — Principles and considerations governing assessment of ultimate reliability and burden of proof.
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.
There were multiple shootings at a house party in Winnipeg. A voir dire was held regarding the admissibility of the videotaped statements of the victims. Threshold reliability was established. The ultimate reliability of the videotaped statements was confirmed by the trial judge. The trial judge admitted the videotaped statements. The applicant was convicted of four counts of attempted murder as well as numerous firearm offences. The Court of Appeal held that trial judge properly assessed the ultimate reliability of each statement, and dismissed the appeal.
Lower court rulings
Court of Queen’s Bench of Manitoba
2021 MBQB 164, CR 17-01-36252
Convictions entered: four counts of attempted murder and numerous firearm offences
Court of Appeal of Manitoba
2022 MBCA 102, AR21-30-09707
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