Case information
Consult our database for details on a Supreme Court of Canada case.
40674
Rodney Byron Williams 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 application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR21-30-09687, 2023 MBCA 11, dated February 3, 2023, is dismissed. Dismissed |
|
| 2023-06-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-04-18 | Certificate (on limitations to public access), (Book Form), (Printed version due on 2023-04-25) | His Majesty the King |
| 2023-04-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-01, (Printed version filed on 2023-04-19) | His Majesty the King |
| 2023-04-05 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-04-05 | |
| 2023-04-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-04-04) | Rodney Byron Williams |
| 2023-04-04 | Application for leave to appeal, (Book Form), Completed on: 2023-04-04, (Printed version filed on 2023-04-04) | Rodney Byron Williams |
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 |
|---|---|---|
| Williams, Rodney Byron | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Williams, Rodney Byron
Counsel
Candace Olson
908 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 982-4414
FAX: (204) 943-2573
Email: cantila@scvlaw.ca
Agent
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
Renee Lagimodiere
510, Criminal Prosecutions Division
405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: ami.kotler@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 — Offences — Culpable homicide — Murder — Whether in an application of s. 229(a) of the Criminal Code, a trial judge is required to articulate two distinct and detailed analyses to demonstrate consideration of both subsections setting out when culpable homicide is a murder — Criminal Code, R.S.C. 1985, c. C-46.
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.
After consuming vodka and methamphetamine, Mr. Williams was walking down a street when he encountered two strangers. He chased them brandishing a knife. He repeatedly stabbed one man. The attack was fatal. A psychiatrist opined that at the time of the offence, Mr. Williams was in a psychotic state. McCarthy J. relied on the psychiatrist’s evidence and held Mr. Williams did not have the capacity to form the intent required to classify the homicide as murder. Mr. Williams was convicted of manslaughter. The Court of Appeal allowed an appeal and ordered a new trial.
Lower court rulings
Court of Queen’s Bench of Manitoba
2021 MBQB 205, CR 19-01-37775
Conviction for manslaughter
Court of Appeal of Manitoba
2023 MBCA 11, AR21-30-09687
Appeal allowed, new trial ordered
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