Case information
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41709
James Theodore Ryall v. His Majesty the King
(Manitoba) (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) |
|---|---|---|
| 2025-06-27 | Close file on Leave | |
| 2025-06-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-06-26 | Judgment on leave sent to the parties | |
| 2025-06-26 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to file and serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR24-30-10079, 2024 MBCA 105, dated December 4, 2024, is dismissed. Dismissed |
|
| 2025-06-26 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2025-05-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-04-28 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-04-29) | James Theodore Ryall |
| 2025-04-25 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-04-28, (Printed version filed on 2025-04-28) | James Theodore Ryall |
| 2025-04-15 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-04-17) | His Majesty the King |
| 2025-04-15 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-04-17) | His Majesty the King |
| 2025-04-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-16, (Printed version filed on 2025-04-17) | His Majesty the King |
| 2025-03-19 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-03-17 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-03-18) | James Theodore Ryall |
| 2025-03-17 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-03-18) | James Theodore Ryall |
| 2025-03-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2025-03-19, (Printed version filed on 2025-03-18) | James Theodore Ryall |
| 2025-03-17 | Application for leave to appeal, (Book Form), PUB-BAN, Completed on: 2025-03-17, (Printed version filed on 2025-03-18) | James Theodore Ryall |
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 |
|---|---|---|
| Ryall, James Theodore | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Ryall, James Theodore
Counsel
1620-155 Carlton Street
Winnipeg, Manitoba
R3C 3H8
Telephone: (204) 949-1700
FAX: (204) 949-3747
Email: jpinx@pinxlaw.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: His Majesty the King
Counsel
5th floor- 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 918-0925
FAX: (204) 945-1260
Email: melissa.carlson@gov.mb.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 — Evidence — Admissibility — Police statement —Defences — Mistaken belief in age — Whether statements obtained following a severe mental health episode should be considered voluntary — Proper approach to mistaken belief in age defence — Whether automatic convictions are ever appropriate — Was there a miscarriage of justice as a result of uncertainty over recklessness as a pathway to conviction for sexual assault and regarding its application?
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)
After a sexual relationship with a 15-year old complainant, Mr. Ryall was charged with multiple offences. Mr. Ryall suffers from anxiety and post-traumatic stress disorder. He is prescribed medical marihuana. The defence brought a motion to exclude his statement to police for breach of s. 10(b) of the Charter or because it was not voluntary given the state of his mental health at the time he was interviewed. The statement was admitted into evidence. Mr. Ryall was convicted of sexual interference, sexual assault, uttering threats, and breach of probation. The Court of Appeal dismissed an appeal.
Lower court rulings
Provincial Court of Manitoba
2022 MBPC 29
Convictions for sexual interference, sexual assault, uttering threats, and breach of probation; acquittals for assault and luring
Appeal from convictions 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
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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
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