Case information
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41639
Samuel Lugela 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) |
|---|---|---|
| 2025-05-23 | Close file on Leave | |
| 2025-05-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-22 | Judgment on leave sent to the parties | |
| 2025-05-22 |
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 application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 2301-0185A, 2024 ABCA 358, dated November 6, 2024, is dismissed. Dismissed |
|
| 2025-05-22 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2025-04-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-07 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-02-19 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-02-20, (Printed version due on 2025-02-26) | Samuel Lugela |
| 2025-02-13 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-02-14) | His Majesty the King |
| 2025-02-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-02-14, (Printed version filed on 2025-02-14) | His Majesty the King |
| 2025-01-20 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-01-16 |
Certificate (on limitations to public access), (Letter Form), Form 23A , (Printed version filed on 2025-01-27) |
Samuel Lugela |
| 2025-01-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-01-20, (Printed version filed on 2025-01-27) | Samuel Lugela |
| 2025-01-16 |
Application for leave to appeal, (Book Form), Missing: - Amended form 23A (Rec'd 2025-01-20), Completed on: 2025-01-20, (Printed version filed on 2025-01-27) |
Samuel Lugela |
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 |
|---|---|---|
| Lugela, Samuel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Lugela, Samuel
Counsel
Ritchie Mill
10171 Saskatchewan Dr NW #414
Edmonton, Alberta
T6E 4R5
Telephone: (780) 655-1611
Email: peter@sankoffcriminallaw.com
Party: His Majesty the King
Counsel
Appeals and Specialized Prosecutions
300, 332-6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: sarah.clive@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Defence — Provocation — Whether the Court of Appeal erred in finding that the trial judge did not err in formulating and applying the air of reality standard for provocation under s. 232 of the Criminal Code.
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.
After leaving a lounge a few hours after midnight, a group of people, including the applicant, gathered almost in the middle of an adjacent street. A man jogged towards the group aiming an aerosol canister and spraying its contents. The applicant was gripping a loaded handgun, the barrel tucked just inside the waist of his jeans. The trial judge found that the applicant without hesitation shot the man down, and then shot him again. The man died soon after. Remote security cameras recorded the shooting. The trial judge found that the defence of provocation had no air of reality. The applicant was convicted of second-degree murder. The applicant was sentenced to life imprisonment with no chance of parole for 19 years. The applicant’s appeal was dismissed.
Lower court rulings
Sentence imposed: life imprisonment with no chance of parole for 19 years
Conviction 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