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.
41793
Jena Lynn Hunter 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) |
|---|---|---|
| 2025-09-19 | Close file on Leave | |
| 2025-09-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-09-18 | Judgment on leave sent to the parties | |
| 2025-09-18 |
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 (Edmonton), 2203-0097A, 2023 ABCA 201, dated June 29, 2023, is dismissed. Dismissed |
|
| 2025-09-18 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Dismissed |
|
| 2025-08-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-08-11 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-06-16 | Correspondence received from, (Letter Form), Applicant will not be filing a Reply in this matter., (Printed version due on 2025-06-23) | Jena Lynn Hunter |
| 2025-06-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-06-13) | His Majesty the King |
| 2025-06-06 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2025-06-06, (Printed version due on 2025-06-13) | His Majesty the King |
| 2025-06-06 |
Respondent's response on the application for leave to appeal, (Book Form), MISSING : -Signature, Completed on: 2025-08-12, (Printed version due on 2025-06-13) |
His Majesty the King |
| 2025-05-07 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-05-02 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-05-05) | Jena Lynn Hunter |
| 2025-05-02 | 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: 2025-05-02, (Printed version filed on 2025-05-05) | Jena Lynn Hunter |
| 2025-05-02 | Application for leave to appeal, (Book Form), Completed on: 2025-07-14, (Printed version filed on 2025-05-05) | Jena Lynn Hunter |
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 |
|---|---|---|
| Hunter, Jena Lynn | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Hunter, Jena Lynn
Counsel
1260-630 6 Ave SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 402-9698
Email: jared@jcraiglaw.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
300, 332-6th Avenue SW
Appeals and Specialized Prosecutions
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: jason.russell@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
Charter of Rights — Criminal law — Right to counsel — Whether repeated confusion and renewed requests for counsel by a visibly vulnerable Indigenous detainee revive the right to counsel under the open category recognized in R. v. Sinclair — Whether, in complex multi-accused first-degree-murder trials involving party liability, constructive murder, intoxication and lesser-included offences, no evidence directions delivered without a contemporaneous restatement of the Crown’s burden impermissibly shift that burden and undermine the presumption of innocence — Canadian Charter of Rights and Freedoms, s. 10(b).
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 victim was beaten and thrown off a bridge into the North Saskatchewan River, leading to her death. Three individuals were charged with her death. One of the co-accused testified and implicated the Indigenous applicant in the victim’s death. The applicant made a statement to the police. The applicant submitted that her police statement was improperly admitted into evidence due to a breach of her s. 10(b) of the Charter right to counsel. The trial judge found no s. 10(b) Charter breach, and admitted the applicant’s statement into evidence. The applicant was convicted of first degree murder. The Court of Appeal agreed that the applicant’s s. 10(b) Charter right was not breached, and dismissed the conviction appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
190452904Q1-01-001
Conviction entered: first degree murder
Appeal 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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