Case information
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41084
Blake Jeffrey Schreiner v. His Majesty the King
(Saskatchewan) (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) |
|---|---|---|
| 2024-06-21 | Close file on Leave | |
| 2024-06-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-06-20 | Judgment on leave sent to the parties | |
| 2024-06-20 |
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 for Saskatchewan, Number CACR3491, 2023 SKCA 121, dated November 7, 2023, is dismissed. Dismissed |
|
| 2024-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-02-19, (Printed version filed on 2024-02-27) | Blake Jeffrey Schreiner |
| 2024-02-06 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version due on 2024-02-13) | His Majesty the King |
| 2024-02-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-02-06, (Printed version filed on 2024-02-06) | His Majesty the King |
| 2024-01-24 |
Certificate (on limitations to public access), (Letter Form), 23B; Missing: -Proof of service;, (Printed version filed on 2024-04-18) |
Blake Jeffrey Schreiner |
| 2024-01-24 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-04-18) | Blake Jeffrey Schreiner |
| 2024-01-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 10-01-2024; | |
| 2024-01-08 |
Application for leave to appeal, (Book Form), Missing: -23A; (Rec'd 2024-01-24) -Filling fees; Received January 12, 2024, Completed on: 2024-01-25, (Printed version filed on 2024-04-18) |
Blake Jeffrey Schreiner |
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 |
|---|---|---|
| Schreiner, Blake Jeffrey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Schreiner, Blake Jeffrey
Counsel
402 21st Street East
#403
Saskatoon, Saskatchewan
S7K 0C3
Telephone: (306) 986-4505
FAX: (306) 700-2475
Email: pthomson@wmtlaw.ca
Party: His Majesty the King
Counsel
300-1874 Scarth Street
3rd Floor
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: grace.hessiondavid2@gov.sk.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 — Defences — Mental disorder — Evidence — Expert psychiatric evidence — Trial fairness — Pursuant to s. 672.21 of Criminal Code, statements by accused during court-ordered assessment of accused’s mental condition not admissible against accused — Prohibition subject to exceptions — Whether accused implicitly through conduct of defence consented to admissibility of statements — Whether trial rendered unfair by Crown counsel’s failure to put Crown expert psychiatrist’s criticisms of defence expert psychiatrist’s opinion to defence psychiatrist?
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.
Mr. Schreiner killed his wife. A court ordered a psychiatric assessment to determine if he was fit to stand trial. Mr. Schreiner retained a psychiatrist to assist advancing a defence of not criminally responsible on account of mental disorder. At trial, Crown counsel and the defence led conflicting expert opinion evidence and the Crown’s expert testified both in chief and then in reply to rebut the defence expert’s opinion. Mr. Schreiner was convicted of second degree murder. His appeal from conviction was dismissed.
Lower court rulings
Conviction for second degree murder
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 613-996-8666 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