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.
41364
His Majesty the King v. Brandon McNeil
(Nova Scotia) (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) |
|---|---|---|
| 2024-10-25 | Close file on Leave | |
| 2024-10-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-10-10 | Judgment on leave sent to the parties | |
| 2024-10-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 524838, 2024 NSCA 57, dated May 29, 2024, is dismissed. Dismissed |
|
| 2024-09-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-09-03 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-09-06) | His Majesty the King |
| 2024-09-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-09-03, (Printed version filed on 2024-09-06) | His Majesty the King |
| 2024-08-30 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2024-09-09) | Brandon McNeil |
| 2024-08-30 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2024-09-09) | Brandon McNeil |
| 2024-08-30 | Respondent's response on the application for leave to appeal, (Book Form), Missing Proof of Service , Completed on: 2024-09-05, (Printed version filed on 2024-09-04) | Brandon McNeil |
| 2024-07-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-07-25 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-07-25) | His Majesty the King |
| 2024-07-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-07-25) | His Majesty the King |
| 2024-07-25 |
Application for leave to appeal, (Book Form), PUB BAN Missing: Amended Notice of application (Rec'd 07-26-2024) , Completed on: 2024-07-26, (Printed version filed on 2024-07-25) |
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 |
|---|---|---|
| McNeil, Brandon | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
700-1625 Grafton Street
Nova Centre
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-2864
FAX: (902) 424-8440
Email: mark.scott@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: McNeil, Brandon
Counsel
979 Seminary Avenue, Box 429
Canning, Nova Scotia
B0P 1H0
Telephone: (902) 593-1188
FAX: (902) 702-8738
Email: zeb@zebbrown.ca
Summary
Keywords
Charter of Rights and Freedoms — Right to be tried within a reasonable time — Judge’s deliberative delay — How does judicial illness or unavailability factor into the analysis of delay for purposes of s. 11(b) of the Charter — What role should implicit waiver and acquiescence in the inevitable play under s. 11(b) regimes?
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)
Brynn Milner (then known as Brandon McNeil) was tried on charges of sexual offences. After the trial judge became seized with the case for deliberations, the trial judge became unavailable to deliberate or render judgment. Crown counsel repeatedly requested information on when the trial judge would be available and a decision would be rendered during the ensuing 15.7 months, until counsel advised the court a re-trial would be proceeding. Defence counsel applied for a stay of proceedings for breach of s. 11(b) of the Charter. The applications judge granted a stay of proceedings. The Court of Appeal dismissed an appeal.
Lower court rulings
Charges of two counts of sexual exploitation, two counts of sexual interference, and two counts of sexual assault stayed
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