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.
42009
Samantha Jesselynn Dittmer 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) |
|---|---|---|
| 2026-03-23 | Close file on Leave | |
| 2026-03-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-03-19 | Judgment on leave sent to the parties | |
| 2026-03-19 |
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 CA49681, 2025 BCCA 260, dated July 28, 2025, is dismissed. Dismissed |
|
| 2026-01-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-10-06 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2025-10-14) | His Majesty the King |
| 2025-10-06 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-10-14) | His Majesty the King |
| 2025-10-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-10-09, (Printed version filed on 2025-10-06) | His Majesty the King |
| 2025-10-02 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED; | |
| 2025-09-25 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2025-10-01) | Samantha Jesselynn Dittmer |
| 2025-09-25 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2025-10-01) | Samantha Jesselynn Dittmer |
| 2025-09-25 | Application for leave to appeal, (Book Form), Completed on: 2025-09-25, (Printed version filed on 2025-10-01) | Samantha Jesselynn Dittmer |
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 |
|---|---|---|
| Jesselynn Dittmer, Samantha | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Jesselynn Dittmer, Samantha
Counsel
2725 Clarke Street
Port Moody, British Columbia
V3H 0K7
Telephone: (778) 355-3366
Email: gloria@platformlit.com
Agent
50 O’Connor Street
Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5566
Email: dbosse@powerlaw.ca
Party: His Majesty the King
Counsel
600 - 865 Homby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (236) 888-6248
FAX: (604) 660-1133
Email: mila.shah@gov.bc.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Criminal law — Offences — Elements of offence — Manslaughter — Reasonable person test — Whether a more modernized approach to the reasonable person test is required such that more subjectivity ought to be infused into the analysis given the shifts in modern society’s acceptance that the reasonable person is not a monolithic person but one that is diverse — Is there a discrepancy in the jurisprudence about what a trier of fact can consider, as part of the reasonable person test, between cases concerning death caused by a motor vehicle and cases concerning death caused by firearm discharge?
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.
Ms. Dittmer fatally shot her son and was tried before a jury on a charge of second degree murder. The jury charge included an instruction on manslaughter. During deliberations, the jury asked “Regarding the reasonable person test can or how can we consider a dysfunctional or co-depend or abusive family relationship?” The trial judge provided further instructions. The jury returned a verdict of manslaughter. The Court of Appeal dismissed an appeal.
Lower court rulings
Conviction by jury for manslaughter
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