Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40831
Kirk Aubrey Keeping v. His Majesty the King, et al.
(Newfoundland & Labrador) (Criminal) (By Leave)
(Publication ban in case) (Sealing order) (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) |
|---|---|---|
| 2023-11-17 | Close file on Leave | |
| 2023-11-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-16 | Judgment on leave sent to the parties | |
| 2023-11-16 |
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 Newfoundland and Labrador, Number 2022 01H 0002, 2023 NLCA 15, dated May 11, 2023, is dismissed without costs. Dismissed, with costs |
|
| 2023-10-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-14 | Notice of name, (Letter Form), (Printed version filed on 2023-09-14) | Newfoundland and Labrador Legal Aid Commission |
| 2023-09-14 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2023-09-14) | Newfoundland and Labrador Legal Aid Commission |
| 2023-09-14 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-09-14) | Newfoundland and Labrador Legal Aid Commission |
| 2023-09-14 | Respondent's response on the application for leave to appeal, (Book Form), SEALED, Completed on: 2023-09-14, (Printed version filed on 2023-09-14) | Newfoundland and Labrador Legal Aid Commission |
| 2023-09-13 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2023-09-20) | His Majesty the King |
| 2023-09-13 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2023-09-20) | His Majesty the King |
| 2023-09-13 | Respondent's response on the application for leave to appeal, (Book Form), SEALED, Completed on: 2023-09-13, (Printed version due on 2023-09-20) | His Majesty the King |
| 2023-08-14 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED: 2023-08-14 | |
| 2023-08-04 | Certificate (on limitations to public access), Form 23B | Kirk Aubrey Keeping |
| 2023-08-04 | Certificate (on limitations to public access), Form 23A | Kirk Aubrey Keeping |
| 2023-08-04 |
Application for leave to appeal, (Book Form), SEALED Missing: - Filing fee (rec'd 2023-08-15), Completed on: 2023-08-15, (Printed version filed on 2023-08-04) |
Kirk Aubrey Keeping |
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 |
|---|---|---|
| Keeping, Kirk Aubrey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
| Newfoundland and Labrador Legal Aid Commission | Respondent | Active |
Counsel
Party: Keeping, Kirk Aubrey
Counsel
140 Water Street, Suite 804
P.O. Box 700
St. John’s, Newfoundland & Labrador
A1C 5L4
Telephone: (709) 739-8585 Ext: 5
FAX: (709) 739-8151
Email: andy@lbflegal.com
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
Confederation Building
4th Floor, East Block
St John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-1337
FAX: (709) 729-5942
Email: DavidHearn@gov.nl.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Newfoundland and Labrador Legal Aid Commission
Counsel
P.O Box 422, Stn. B
Happy Valley-Goose Bay, Newfoundland & Labrador
A0P 1E0
Telephone: (709) 896-5323
FAX: (709) 896-4444
Email: JonathanRegan@legalaid.nl.ca
Summary
Keywords
Criminal law — Evidence — Disclosure — Evidence at Rowbotham application — Whether the statutory waiver of solicitor-client privilege contained in Rule 13.04(3) of the Criminal Proceedings Rules of the Supreme Court of Newfoundland and Labrador, SI/2018-43 authorizes an accused’s former counsel to disclose defence strategy to the prosecutor during an application for an order requiring the Attorney General to fund the accused’s counsel of choice?
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) (SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
Un juge de la Cour suprême de Terre-Neuve-et-Labrador, Division générale, a rejeté la demande de l’accusé visant à obtenir une ordonnance de désignation enjoignant au procureur général de rémunérer l’avocat de la défense choisi par l’accusé. L’appel interjeté à la Cour d’appel a été rejeté.
Lower court rulings
Supreme Court of Newfoundland and Labrador, General Division
202003G0013, 2021 NLSC 162
Application for an order requiring funding of counsel dismissed
Court of Appeal of Newfoundland and Labrador
2022 01H 0002, 2023 NLCA 15
Appeal 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
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