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.
41095
His Majesty the King v. R.M.
(British Columbia) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-07-09 | Close file on Leave | |
| 2024-06-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-06-27 | Judgment on leave sent to the parties | |
| 2024-06-27 |
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 British Columbia (Vancouver), Number CA48460, 2023 BCCA 455, dated December 11, 2023, is dismissed. Dismissed |
|
| 2024-05-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-23 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-02-23) | R.M. |
| 2024-02-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-02-23) | R.M. |
| 2024-02-23 |
Respondent's response on the application for leave to appeal, (Book Form), PUB BAN Missing: - Proof of service (Rec'd 2024-02-26), Completed on: 2024-02-26, (Printed version filed on 2024-02-23) |
R.M. |
| 2024-01-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-01-24 | |
| 2024-01-23 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2024-01-23 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2024-01-23 |
Application for leave to appeal, (Book Form), PUB BAN Missing: - Proof of service (Rec'd 2023-01-23) - Filing fee (Rec'd 2024-01-24), Completed on: 2024-01-24, (Printed version filed on 2024-01-23) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| R.M. | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
600 - 865 Homby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (236) 888-6248
FAX: (604) 660-1133
Email: mila.shah@gov.bc.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: R.M.
Counsel
Mark Lyengar
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
Agent
66 Lisgar Street
Ottawa, Ontario
K2P 0C1
Telephone: (613) 501-5350
Email: dshuhaibar@ovcounsel.com
Summary
Keywords
Criminal law — Appeals — Common sense assumptions — What principles govern in distinguishing between legitimate reliance on common sense and judicial experience versus improper judicial notice or speculation? Can judges can rely on judicial experience with child sexual abuse cases to give limited weight to evidence of non-detection?<br><br>
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) (PUBLICATION BAN ON PARTY)
The respondent, was charged with seven offences: (a) three counts of sexual touching contrary to s. 151 of the Criminal Code, R.S.C. 1985, c. C-46 (counts 1, 2, and 6); (b) two counts of sexual assault contrary to s. 271 (counts 3 and 4); and (c) two counts of invitation to sexual touching contrary to s. 152 (counts 5 and 7). The trial judge convicted the respondent on all counts. The Court of Appeal held that the trial judge made palpable and overriding errors. The Court of Appeal allowed the appeal, entered an acquittal on count 5 and ordered a new trial ordered on counts 1,2,3,4,6,7.
Lower court rulings
Provincial Court of British Columbia
4114
Respondent convicted on all counts: sexual touching x 3, sexual assault x 2, invitation to sexual touching x 2
Appeal allowed: acquittal entered on count 5; new trial ordered on counts 1,2,3,4,6,7
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