Case information
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40735
Shayden Trey Rain v. His Majesty the King
(Alberta) (Criminal) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-09-21 | Close file on Leave | |
| 2023-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-09-21 | Judgment on leave sent to the parties | |
| 2023-09-21 |
Judgment of the Court on the application for leave to appeal, The motion by His Majesty the King to adduce new evidence is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2203-0238A, 2023 ABCA 95, dated March 17, 2023, is dismissed. Dismissed |
|
| 2023-09-21 |
Decision on motion to adduce new evidence, See decision on application Dismissed |
|
| 2023-07-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-07-24 | Submission of motion to adduce new evidence, for consideration by the Court | |
| 2023-06-14 |
Certificate (on limitations to public access), - 23B - Response - 23B - Motion |
His Majesty the King |
| 2023-06-14 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-06-14 | Motion to adduce new evidence, (Book Form), Completed on: 2023-06-14, (Printed version filed on 2023-06-19) | His Majesty the King |
| 2023-06-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-06-14, (Printed version filed on 2023-06-14) | His Majesty the King |
| 2023-05-17 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2023-05-17 | |
| 2023-05-16 | Certificate (on limitations to public access), 23A / 23B, (Printed version filed on 2023-05-16) | Shayden Trey Rain |
| 2023-05-16 |
Application for leave to appeal, (Book Form), RESTRICTED REQUIRED: - CA order (rec'd 2023-05-17) - filing fee, Completed on: 2023-06-01, (Printed version filed on 2023-05-16) |
Shayden Trey Rain |
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 |
|---|---|---|
| Rain, Shayden Trey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Rain, Shayden Trey
Counsel
Andrew D. Phypers
4408 51 Street
Wetaskiwin, Alberta
T9A 1K5
Telephone: (780) 352-0369
FAX: (780) 352-0393
Email: jasp@mcdonaldstreetlaw.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
3rd Floor, Bowker Building
9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: Katherine.Fraser@gov.ab.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 — Interim release — Application and interpretation of s. 493.2 of 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.
(PUBLICATION BAN IN CASE)
Mr. Rain is Indigenous. He is accused of first degree murder. He was denied interim release. The Court of Appeal dismissed an application for review of the denial of interim release.
Lower court rulings
Court of King’s Bench of Alberta
220858971P1
Interim release denied
Court of Appeal of Alberta (Edmonton)
2023 ABCA 95, 2203-0238A
Application for review dismissed
Memorandums of argument on application for leave to appeal
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 filing 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 613‑996‑7933 or at 1‑888‑551‑1185.
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
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Related links
Factums on appeal
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 613‑996‑7933 or at 1‑888‑551‑1185.
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