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.
41261
Lexlixatkwa7 Nelson v. His Majesty the King
(British Columbia) (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 | |
| 2024-08-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-29 | Judgment on leave sent to the parties | |
| 2024-08-29 |
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 CA48787, 2024 BCCA 72, dated March 6, 2024, is dismissed. Dismissed |
|
| 2024-07-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-06-26, (Printed version filed on 2024-06-25) | Lexlixatkwa7 Nelson |
| 2024-06-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-06-13) | His Majesty the King |
| 2024-06-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-12, (Printed version filed on 2024-06-13) | His Majesty the King |
| 2024-05-14 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-05-06 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-05-07) | Lexlixatkwa7 Nelson |
| 2024-05-06 | Application for leave to appeal, (Book Form), Completed on: 2024-05-06, (Printed version filed on 2024-05-07) | Lexlixatkwa7 Nelson |
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 |
|---|---|---|
| Nelson, Lexlixatkwa7 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Nelson, Lexlixatkwa7
Counsel
905 - 207 West Hastings Street
Vancouver, British Columbia
V6B 1H7
Telephone: (604) 646-4684
FAX: (604) 648-8043
Email: erica@edelmann.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: His Majesty the King
Counsel
B.C. Prosecution Service
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-0284
FAX: (250) 387-4262
Email: lesley.ruzicka@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
Summary
Keywords
Criminal law — Sentencing — Indigenous offenders — Considerations — Whether, and to what extent, Indigenous laws ought to play a role in the application of R. v. Gladue, [1999] 1 S.C.R. 688, in sentencing — Whether the Court of Appeal erred in concluding that there was insufficient evidence of Indigenous laws that were relevant to the determination of a fit sentence — How should sentencing courts incorporate Indigenous laws in determining fit sentences?
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.
The applicant, Lexlixatkwa7 Nelson, pleaded guilty to common law criminal contempt after having violated an injunction related to a protest. The sentencing judge declined to grant a discharge but suspended the passing of sentence and placed the applicant on probation for 12 months with a requirement to complete 50 hours of community service. The sentencing judge concluded that he was bound by the principles of judicial comity and horizontal stare decisis not to impose a lower sentence, despite having a strong inclination to do so on account of the applicant’s strongly held beliefs and connection to her Indigenous culture.
The Court of Appeal held that the sentencing judge erred in concluding that he was bound by judicial comity or stare decisis. However, a proper application of the Gladue analysis did not establish that the sentence was unfit. While the applicant’s Indigenous heritage and belief in Indigenous laws explain her reasons for attending the protest site, they do not explain why she engaged in the illegal conduct of flouting the injunction. The Court of Appeal dismissed the sentencing appeal.
Lower court rulings
Sentence imposed for common law contempt. The passing of sentence was suspended and the contemnor was placed on probation for 12 months, with an obligation to complete 50 hours of community service work.
Appeal from sentence dismissed.
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
Not available
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