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.
40974
Daniel Austin Viau v. His Majesty the King
(Alberta) (Criminal) (By Leave)
(Publication ban in case)
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 motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2103-0272A, 2023 ABCA 197, dated June 26, 2023, is dismissed. Dismissed |
|
| 2024-03-14 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2024-01-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-08 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-12-11 | Certificate (on limitations to public access), 23B- Reply | Daniel Austin Viau |
| 2023-12-11 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-12-15, (Printed version filed on 2023-12-11) | Daniel Austin Viau |
| 2023-11-29 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2023-12-06) | His Majesty the King |
| 2023-11-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2023-12-06) | His Majesty the King |
| 2023-11-29 | Correspondence received from, (Letter Form), Response to Motion to Extend Time, (Printed version due on 2023-12-06) | His Majesty the King |
| 2023-11-29 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-12-07, (Printed version filed on 2023-11-29) | His Majesty the King |
| 2023-10-31 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-10-31 | |
| 2023-10-30 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-10-30) | Daniel Austin Viau |
| 2023-10-30 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-30) | Daniel Austin Viau |
| 2023-10-30 | Affidavit | Daniel Austin Viau |
| 2023-10-30 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2023-10-31, (Printed version filed on 2023-10-30) | Daniel Austin Viau |
| 2023-10-30 | Application for leave to appeal, (Book Form), PUB BAN, Completed on: 2023-10-31, (Printed version filed on 2023-10-30) | Daniel Austin Viau |
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 |
|---|---|---|
| Viau, Daniel Austin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Viau, Daniel Austin
Counsel
Ritchie Mill
10171 Saskatchewan Dr NW #414
Edmonton, Alberta
T6E 4R5
Telephone: (780) 655-1611
Email: peter@sankoffcriminallaw.com
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
3rd Floor, Bowker Building
9833 109 Street NW
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: Robert.Fata@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 — Charge to jury — Response to jury’s questions — What are a trial judge’s obligations in responding to ambiguous jury questions — Can errors in answering jury questions be repaired by reference to the original charge — Does providing a jury with an answer that forestalls further questions constitute a reviewable error on appeal?
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. Viau was tried before a jury on two counts of sexual assault. The sole issue was consent. The trial judge charged the jury. The jury deliberated for approximately two hours. The jury then asked the trial judge four questions querying why some evidence was not lead at trial. The trial judge provided a response. The jury convicted Mr. Viau on both counts of sexual assault. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
181593013Q1
Conviction by jury on two counts of sexual assault
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