Case information
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42148
Hunter Van Mackelberg v. His Majesty the King
(Alberta) (Criminal) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-08-10 | Close file on Leave | |
| 2026-08-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-08-06 | Judgment on leave sent to the parties | |
| 2026-08-06 |
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 2201-0137A, 2025 ABCA 141, dated April 23, 2025, is dismissed. Dismissed |
|
| 2026-08-06 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application Granted |
|
| 2026-06-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-06-15 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2026-01-26 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2026-01-27) | His Majesty the King |
| 2026-01-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-01-27) | His Majesty the King |
| 2026-01-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2026-01-28, (Printed version filed on 2026-01-27) | His Majesty the King |
| 2025-12-29 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-12-22 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Amended Cover Page (Rec'd 2025-12-23), Completed on: 2025-12-29, (Printed version due on 2025-12-31) | Hunter Van Mackelberg |
| 2025-12-22 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2025-12-31) | Hunter Van Mackelberg |
| 2025-12-22 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-12-31) | Hunter Van Mackelberg |
| 2025-12-22 |
Application for leave to appeal, (Book Form), PUB_BAN_REST Amended Cover pages (Rec'd 2025-12-23), Completed on: 2025-12-22, (Printed version filed on 2025-12-23) |
Hunter Van Mackelberg |
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 |
|---|---|---|
| Van Mackelberg, Hunter | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Van Mackelberg, Hunter
Counsel
630 6 Ave SW
Suite 600
Calgary, Alberta
T2P 0S8
Telephone: (403) 719-7500
FAX: (403) 719-3669
Email: as@serinklawoffice.ca
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
Appeals & Prosecution Policy Branch
300, 332 – 6 Avenue S.W, 3rd floor
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: Rajbir.dhillon@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0106
FAX: (613) 788-3573
Email: lea.desjardins@gowlingwlg.com
Summary
Keywords
Criminal law – Evidence – Fresh evidence – Ineffective assistance of counsel – Whether the Court of Appeal erred by failing to admit the fresh evidence and applied too onerous a standard to establish the material facts that formed the basis of the claim of ineffective assistance of counsel – Whether the Court of Appeal applied the wrong test for establishing prejudice and miscarriage of justice.
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) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
One night, the victim and his former girlfriend texted and spoke on the phone while the applicant was in bed with the victim’s former girlfriend. The victim and his former girlfriend agreed to meet in a parking lot located about a fifteen-minute drive from her home. The applicant secretly followed her. The victim’s vehicle and his body were later found on a rural property not far from the parking lot where he had met her. The victim’s cause of death was a short-range shotgun wound to the head. The applicant was convicted of second degree murder. The conviction appeal was dismissed.
Lower court rulings
Conviction entered: second degree murder
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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