Docket

38577

Deborah Lee Doonanco v. Her Majesty the Queen

(Alberta) (Criminal) (As of Right)

(Publication ban in case)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2020-07-10 Appeal closed
2020-03-03 Transcript received, 51 pages
2020-02-19 Formal judgment sent to the registrar of the court of appeal and all parties
2020-02-19 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-02-18 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1703-0024-A, 2019 ABCA 118, dated April 3, 2019, was heard on February 18, 2020, and the Court on that day delivered the following judgment orally:

MOLDAVER J. — We are all of the view that the appeal must be allowed and a new trial ordered on all counts. The Crown’s failure to disclose Dr. Glancy’s report before Dr. Walker completed her testimony, when considered together with the Crown’s failure to cross-examine Dr. Walker on the contents of that report, interfered with Ms. Doonanco’s ability to know the case she had to meet and make full answer and defence. To that extent, we agree with the reasons of Justice Bielby, dissenting in the Court of Appeal.

With respect, however, unlike Justice Bielby, we are not persuaded that the trial judge’s remedial ruling was capable of undoing the prejudice caused to Ms. Doonanco by the manner in which the Crown proceeded. In the circumstances, precluding Dr. Glancy from testifying was, in our view, the only way of preserving Ms. Doonanco’s right to a fair trial.

The net effect of Dr. Glancy’s evidence was to call into question Dr. Walker’s competence and the reliability of her expert testimony by showing that she failed to consider, much less explain, a number of factors that Dr. Glancy found to be atypical of the battered woman’s syndrome — factors which undermined Dr. Walker’s conclusion that Ms. Doonanco was suffering from this syndrome when she killed her domestic partner.

Because Dr. Glancy’s report was not disclosed to the defence before Dr. Walker completed her testimony, and because the factors that Dr. Glancy relied upon to characterize Ms. Doonanco’s case as atypical were never put to Dr. Walker by the Crown in cross-examination, the defence was not able to respond to Dr. Glancy’s critiques. This rendered Ms. Doonanco’s trial unfair, resulting in a miscarriage of justice (see Criminal Code, R.S.C. 1985, c. C-46, s. 686(1)(a)(iii)).

Accordingly, the appeal is allowed, the convictions are set aside, and a new trial is ordered on all counts.
Allowed
2020-02-18 Hearing of the appeal, 2020-02-18, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment rendered
2020-02-18 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen
2020-02-18 General proceeding, (Letter Form), Case Sensitivity Questionnaire Deborah Lee Doonanco
2020-02-18 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2020-02-18 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Deborah Lee Doonanco
2020-02-04 Notice of appearance, (Letter Form), Brian A. Beresh, Q.C. will appear before the court, and will present oral arguments.
Deborah Lee Doonanco
2020-02-03 Notice of appearance, (Letter Form), Joanne B. Dartana and Cheryl A. Schlecker will appear before the court. Ms. Dartana will present oral arguments. Her Majesty the Queen
2020-01-24 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2020-01-24 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2020-01-24 Certificate of counsel (attesting to record) Her Majesty the Queen
2020-01-24 Respondent's record, (Letter Form), Completed on: 2020-01-24 Her Majesty the Queen
2020-01-24 Respondent's factum, (Book Form), Completed on: 2020-01-24 Her Majesty the Queen
2019-12-13 Notice of hearing sent to parties
2019-12-11 Appeal hearing scheduled, 2020-02-18,
The schedule for serving and filing the material is set as follows:

a) 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 December 12, 2019.

b) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before December 17, 2019.

c) Replies to any responses to the motions for leave to intervene shall be served and filed on or before December 19, 2019.

d) 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 book of authorities, if any, on or before February 4, 2020.

e) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before January 28, 2020.

Judgment rendered
2019-11-26 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-11-21 Certificate of counsel (attesting to record), (Letter Form) Deborah Lee Doonanco
2019-11-21 Certificate (on limitations to public access), (Letter Form), 23B Deborah Lee Doonanco
2019-11-21 Appellant's record, (Book Form), (10 volumes), Completed on: 2019-11-21 Deborah Lee Doonanco
2019-11-21 Appellant's factum, (Book Form), Completed on: 2019-11-22 Deborah Lee Doonanco
2019-09-27 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-09-27 Judgment on leave sent to the parties
2019-09-26 Judgment of the Court on the application for leave to appeal, The applicant’s motion to serve and file a single factum, record and, if any, book of authorities is dismissed. The motion for an extension of time to serve and file a further amended notice of appeal is dismissed. The motion for an extension of time to serve and file the appellant’s factum, record and, if any, book of authorities in the appeal as of right to within eight (8) weeks from the date of the decision on 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), Number 1703-0024-A, 2019 ABCA 118, dated April 3, 2019, is dismissed.
Dismissed
2019-09-26 Decision on motion to extend time, See judgment on application.
Dismissed
2019-08-12 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-08-12 Submission of motion to extend time, for consideration by the Court
2019-07-31 Certificate (on limitations to public access), (Letter Form), 23B - Reply Deborah Lee Doonanco
2019-07-31 Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-07-31 Deborah Lee Doonanco
2019-07-29 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-07-29 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2019-07-29 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-07-29 Her Majesty the Queen
2019-06-03 Motion to extend time, (Included in the application for leave to appeal), For the appellant's appeal documents for the appeal as of right., Completed on: 2019-06-03 Deborah Lee Doonanco
2019-06-03 Certificate (on limitations to public access), (Letter Form), 23B Deborah Lee Doonanco
2019-06-03 Certificate (on limitations to public access), (Letter Form), 23A Deborah Lee Doonanco
2019-06-03 Application for leave to appeal, (Book Form), Completed on: 2019-06-03 Deborah Lee Doonanco
2019-05-30 Correspondence (sent by the Court) to, the parties. This appeal is no longer tentatively scheduled for October 18, 2019.
2019-05-15 Correspondence received from, (Letter Form), Nathan J. Whitling. RE: Tentative hearing date. Deborah Lee Doonanco
2019-04-29 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-04-29 Appeal hearing adjourned
2019-04-15 Letter acknowledging receipt of a notice of appeal, FILE OPENED
2019-04-09 Certificate (on limitations to public access), (Letter Form), 23B Deborah Lee Doonanco
2019-04-09 Certificate (on limitations to public access), (Letter Form), 23A Deborah Lee Doonanco
2019-04-09 Notice of appeal, (Letter Form), Missing: Filing Fee (rec' 05/03/19), Completed on: 2019-05-03 Deborah Lee Doonanco
 

loading