Case information
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40897
Matthew Douglas de Grood v. His Majesty the King, et al.
(Alberta) (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) |
|---|---|---|
| 2024-03-15 | Close file on Leave | |
| 2024-03-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-14 | Judgment on leave sent to the parties | |
| 2024-03-14 |
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 Alberta (Edmonton), Number 2203-0198A, 2023 ABCA 182, dated June 15, 2023, is dismissed. Dismissed |
|
| 2024-01-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-19 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-10-26) | Person in Charge of Alberta Hospital Edmonton |
| 2023-10-19 | Notice of name, (Letter Form), (Printed version filed on 2023-10-26) | Person in Charge of Alberta Hospital Edmonton |
| 2023-10-16 | Certificate (on limitations to public access), (Letter Form), 23A | His Majesty the King |
| 2023-10-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-10-18, (Printed version filed on 2023-10-13) | His Majesty the King |
| 2023-10-13 |
Respondent's response on the application for leave to appeal, (Letter Form), REQUIRED: - Notice of name (rec'd 2023-10-19) - 23A (rec'd 2023-10-19) - Proof of service (rec'd 2023-10-19), Completed on: 2023-10-24, (Printed version filed on 2023-10-19) |
Person in Charge of Alberta Hospital Edmonton |
| 2023-09-15 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-09-15 | |
| 2023-09-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-20) | Matthew Douglas de Grood |
| 2023-09-14 | Application for leave to appeal, (Book Form), Completed on: 2023-09-15, (Printed version filed on 2023-09-20) | Matthew Douglas de Grood |
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 |
|---|---|---|
| de Grood, Matthew Douglas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
| Person in Charge of Alberta Hospital Edmonton | Respondent | Active |
Counsel
Party: de Grood, Matthew Douglas
Counsel
4th Floor, 10226 104 Street, NW
Edmonton, Alberta
T5J 1B8
Telephone: (780) 421-7001
FAX: (780) 421-7031
Email: jpetrie@bottoslaw.ca
Party: His Majesty the King
Counsel
Appeals and Specialized Prosecutions Office
9833 - 109 Street, 3rd Floor, Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: matthew.griener@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
Party: Person in Charge of Alberta Hospital Edmonton
Counsel
Suite 500, North Tower, Seven Street Plaza
10030 - 107 St
Edmonton, Alberta
T5J 3E4
Telephone: (780) 735-1271
FAX: (780) 735-1400
Email: shalee.kushnerick@ahs.ca
Summary
Keywords
Criminal law — Appeal — Mental disorder — Is a provincial government’s direct recruitment of adjudicators to a Criminal Code review board contrary to the judicial function of the board and to natural justice principles of institutional independence — Does the judicial nature of a review board call for an arms-length, merit-based appointment process — What is the proper scope and role of the Crown at review board hearings and on appeal — Can a review board impose a restrictive disposition on an accused found not criminally responsible on account of mental disorder if the index offence was serious and violent but the accused otherwise is considered a model patient committed to treatment with a low risk to re-offend?
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.
In 2014, Mr. de Grood fatally stabbed five people at a house party while in a severe psychotic state. Macklin J. accepted a plea of not guilty on account of mental disorder and committed Mr. de Grood into forensic psychiatric care. At his 2022 mandatory disposition review, he requested an absolute or conditional discharge. The Alberta Review Board ordered continued committal. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
2016 ABQB 294
Plea of not criminally responsible on basis of mental disorder and committal to forensic psychiatric care facility
Alberta Review Board
Criminal Code Review Board
Absolute or conditional discharge denied; order for continued committal
Court of Appeal of Alberta (Edmonton)
2023 ABCA 182, 2203-0198A
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 613‑996‑7933 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
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 613‑996‑7933 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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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