Case information
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41175
Tewodros Mulugeta Kebede v. His Majesty the King
(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) |
|---|---|---|
| 2024-08-30 | Close file on Leave | |
| 2024-08-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-22 | Judgment on leave sent to the parties | |
| 2024-08-22 |
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 motion for an extension of time to serve and file the response is granted. It is not necessary to address the motion to join. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2001-0057A, 2022 ABCA 353, dated November 4, 2022 and 2022 ABCA 421, dated December 23, 2022, is dismissed. Dismissed |
|
| 2024-08-22 | Decision on motion to extend time, See decision on application | |
| 2024-08-22 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2024-07-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-15 | Submission of motion to extend time, for consideration by the Court | |
| 2024-07-15 | Submission of miscellaneous motion, for consideration by the Court | |
| 2024-07-15 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-05-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-05-13, (Printed version filed on 2024-05-13) | Tewodros Mulugeta Kebede |
| 2024-05-13 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-05-13) | Tewodros Mulugeta Kebede |
| 2024-05-02 | Motion to extend time, (Letter Form), For the Response , Completed on: 2024-05-02, (Printed version filed on 2024-05-08) | His Majesty the King |
| 2024-05-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-02, (Printed version filed on 2024-05-03) | His Majesty the King |
| 2024-05-02 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-05-03) | His Majesty the King |
| 2024-05-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-05-03) | His Majesty the King |
| 2024-03-22 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-03-21 | Notice of miscellaneous motion, (Book Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Motion to join , Completed on: 2024-03-21 | Tewodros Mulugeta Kebede |
| 2024-03-21 | Affidavit, In support of motion, (Printed version filed on 2024-03-21) | Tewodros Mulugeta Kebede |
| 2024-03-21 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-03-21) | Tewodros Mulugeta Kebede |
| 2024-03-21 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-03-21) | Tewodros Mulugeta Kebede |
| 2024-03-21 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-03-21 | Tewodros Mulugeta Kebede |
| 2024-03-21 | Application for leave to appeal, (Book Form), Completed on: 2024-03-26, (Printed version filed on 2024-03-21) | Tewodros Mulugeta Kebede |
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 |
|---|---|---|
| Mulugeta Kebede, Tewodros | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Mulugeta Kebede, Tewodros
Counsel
Suite 600, 630 6 Ave SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 719-7500
FAX: (403) 719-3669
Email: as@serinklawoffice.ca
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
Appeals Unit
300 Centrium Place, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: andrew.barg@gov.ab.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 — Evidence — Appeal — Remedy — Whether Court of Appeal erred in allowing juries may consider animations of cellular tower pings as demonstrative aids — Whether errors in jury charge impacted ability to assess whether jury found accused guilty of murder — Whether Court of Appeal erred in substituting conviction for second degree murder instead of ordering new trial on second degree murder?
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.
Following the murders of four people, Mr. Kebede and a co-accused were charged with one count of first degree murder and three counts of being an accessory after-the-fact to murder. The Crown’s case relied substantially on cell tower evidence, video surveillance evidence, and alleged after-the-fact conduct. A jury found Mr. Kebede guilty on all four counts as charged. The Court of Appeal held that the evidence of planning and deliberation in respect of the count of first degree murder was equivocal and speculative and substituted a conviction for second degree murder.
Lower court rulings
Convictions by jury on count of first degree murder and on three counts of being accessory after-the-fact to murder
Declaration conviction for first degree murder cannot stand and counsel directed to make submissions regarding whether to substitute a verdict of second degree murder or order a new trial, appeals from convictions for being accessory after-the-fact to murder dismissed
Conviction for first degree murder set aside and conviction for second degree murder substituted, matter referred to trial judge for sentencing
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