Docket

38483

Her Majesty the Queen v. J.M.

(Ont.) (Criminal) (As of Right)

(Publication ban in case) (Publication ban on party)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2019-06-03 Appeal closed
2019-04-29 Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book Her Majesty the Queen
2019-04-29 Transcript received, 57 pages
2019-04-25 Formal judgment sent to the registrar of the court of appeal and all parties
2019-04-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-04-24 Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book Her Majesty the Queen
2019-04-18 Judgment on the appeal rendered, Abe Ka Côt Row Mar,
The appeal from the judgment of the Court of Appeal for Ontario, Number C64081, 2018 ONCA 1054, dated December 20, 2018, was heard on April 18, 2019, and the Court on that day delivered the following judgment orally:

ABELLA J. — We are all of the view that the failure to attend a trial is not presumptively after-the-fact conduct. Its admissibility must be assessed on a case-by-case basis.

A majority, however, is of the view that the appeal should be allowed substantially for the reasons of Justice Huscroft. Justice Karakatsanis and I would dismiss the appeal for the reasons of Justice Nordheimer.

The appeal is therefore allowed and the convictions are restored.
Allowed
2019-04-18 General proceeding, (Letter Form), Questionnaire regarding the Publication Ban J.M.
2019-04-18 General proceeding, (Letter Form), Questionnaire regarding the Publication Ban Her Majesty the Queen
2019-04-18 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court) Her Majesty the Queen
2019-04-18 Hearing of the appeal, 2019-04-18, Abe Ka Côt Row Mar
Judgment rendered
2019-04-11 Notice of appearance, Solomon Friedman and Meaghan McMahon will appear before the court. Mr. Friedman will present oral arguments Criminal Lawyers' Association (Ontario)
2019-04-11 Notice of appearance, Michael A. Johnston and Matthew B. Day will appear before the court. Mr. Johnston will present oral arguments J.M.
2019-04-10 Appeal perfected for hearing
2019-04-05 Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2019-04-05 Criminal Lawyers' Association (Ontario)
2019-04-05 Intervener's factum, (Book Form), Completed on: 2019-04-05 Criminal Lawyers' Association (Ontario)
2019-04-05 Certificate of counsel (attesting to record), (Letter Form) J.M.
2019-04-05 Certificate (on limitations to public access), (Letter Form), 23B - Amended certificate required. (rec' 04/11/19) J.M.
2019-04-05 Certificate (on limitations to public access), (Letter Form), 23A - Amended certificate required. (rec' 04/11/19) J.M.
2019-04-05 Respondent's factum, (Book Form), Completed on: 2019-04-05 J.M.
2019-04-03 Correspondence received from, (Letter Form), 1 reserved seat requested. Her Majesty the Queen
2019-04-03 Notice of appearance, (Letter Form), Luke Schwalm and Alexander Alvaro will appear before the court. Mr. Schwalm will present oral arguments. Her Majesty the Queen
2019-03-26 Order on motion for leave to intervene, by KARAKATSANIS J.
2019-03-26 Decision on the motion for leave to intervene, Ka,
UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene is granted. The intervention shall be limited to the ground set out at para. 6(i) of the said intervener’s Memorandum of Argument.
The said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before April 5, 2019.
The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
It is not necessary to consider the appellant’s request to serve and file a factum in reply to the intervention.
The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention.
Granted
2019-03-26 Submission of motion for leave to intervene, Ka
2019-03-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2019-03-20 Criminal Lawyers' Association (Ontario)
2019-03-19 Response to the motion for leave to intervene, Completed on: 2019-03-19 Her Majesty the Queen
2019-03-15 Notice of name, (Letter Form) Criminal Lawyers' Association (Ontario)
2019-03-15 Motion for leave to intervene, (Book Form), Completed on: 2019-03-15 Criminal Lawyers' Association (Ontario)
2019-03-08 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2019-03-08 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-03-08 Appellant's book of authorities, (Book Form), Completed on: 2019-03-08 Her Majesty the Queen
2019-03-08 Appellant's record, (Book Form), (11 volumes), Completed on: 2019-03-08 Her Majesty the Queen
2019-03-08 Appellant's factum, (Book Form), Completed on: 2019-03-08 Her Majesty the Queen
2019-03-04 Notice of hearing sent to parties
2019-02-26 Appeal hearing scheduled, 2019-04-18, (Previous tentative hearing date was May 24, 2019).
Judgment rendered
2019-02-21 Order by, by THE CHIEF JUSTICE, UPON REQUEST by the respondent to reschedule the hearing of the appeal tentatively scheduled for May 24, 2019;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:

The hearing of this appeal is rescheduled and tentatively set for April 18, 2019.

The schedule for serving and filing the material is set as follows:

1) The appellant’s record, factum and, if any, book of authorities shall be served and filed on or before March 8, 2019.

2) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 15, 2019.

3) The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before March 19, 2019.

4) Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 21, 2019.

5) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and, if any, book of authorities on or before April 5, 2019.

6) The respondent’s record, factum and, if any, book of authorities shall be served and filed on or before April 5, 2019.
Allowed, no order as to costs
2019-02-20 Correspondence received from, (Letter Form), the appellant. Response to the letter of the respondent requesting the rescheduling of the tentative hearing date of May 24, 2019. Her Majesty the Queen
2019-02-19 Correspondence received from, (Letter Form), the respondent. Request to reschedule tentative hearing date of May 24, 2019. J.M.
2019-02-01 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-01-31 Letter acknowledging receipt of a notice of appeal
2019-01-18 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-01-18 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-01-18 Notice of appeal, (Letter Form), Amended notice required-rec'd 2019/02/01, Completed on: 2019-01-18 Her Majesty the Queen