Docket

39084

Joaquin Alfredo Cortes Rivera 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)
2021-03-05	Appeal closed
2020-12-30	Transcript received, 56 pages
2020-12-15	General proceeding, (Letter Form), Case Sensitivity Questionnaire	Her Majesty the Queen
2020-12-14	Formal judgment sent to the registrar of the court of appeal and all parties
2020-12-14	Judgment on appeal and notice of deposit of judgment sent to all parties
2020-12-11	General proceeding, (Letter Form), Case Sensitivity Questionnaire	Joaquin Alfredo Cortes Rivera
2020-12-11	Judgment on the appeal rendered, Abe Ka Row Mar Kas, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1803-0332-A, 2020 ABCA 76, dated February 25, 2020, was heard on December 11, 2020, and the Court on that day delivered the following judgment orally: THE COURT — We would dismiss the appeal. The parties did not dispute that the trial judge erred in dismissing the accused’s application under s. 276.1 of the Criminal Code, R.S.C. 1985, c. C-46, to cross examine the complainant. In our view, this error did not lead to a miscarriage of justice and falls within the curative proviso under s. 686(1)(b) because the evidence was otherwise overwhelming and a conviction was inevitable. We do not endorse Slatter J.A.’s application of s. 683(1). Neither party sought this remedy before the Court of Appeal, and in this Court, both parties as well as the intervener urged us to reject his approach. Dismissed
2020-12-11	Hearing of the appeal, 2020-12-11, Abe Ka Row Mar Kas Judgment rendered
2020-12-09	Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book	Her Majesty the Queen
2020-12-09	Respondent's condensed book, (Book Form)	Her Majesty the Queen
2020-12-08	Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book	Joaquin Alfredo Cortes Rivera
2020-12-08	Appellant's condensed book, (Book Form), (Electronic version filed on 2020-12-08)	Joaquin Alfredo Cortes Rivera
2020-11-25	Notice of appearance, (Letter Form), Megan Savardwill appear before the Court on behalf of the Appellant (CLAO). Megan Savard will present oral argument at the hearing.	Criminal Lawyers' Association of Ontario
2020-11-23	Intervener's factum, (Book Form), Completed on: 2020-11-23, (Printed version filed on 2020-11-24)	Criminal Lawyers' Association of Ontario
2020-11-20	Notice of appearance, (Letter Form), Keith Joyce will appear before the Court on behalf of the Respondent (HMTQ). Keith Joyce will present oral argument at the hearing.	Her Majesty the Queen
2020-11-20	Notice of appearance, (Letter Form), Deborah R. Hatch will appear before the Court on behalf of the Appellant (Rivera). Deborah R. Hatch will present oral argument at the hearing.	Joaquin Alfredo Cortes Rivera
2020-10-19	Order on motion for leave to intervene, by Justice Brown (sent by email)
2020-10-19	Decision on the motion for leave to intervene, Br, UPON APPLICATION by the Criminal Lawyers’ Association of 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 and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before November 23, 2020. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The said 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 the respondent any additional disbursements resulting from their interventions. Granted
2020-10-19	Submission of motion for leave to intervene, Br
2020-09-23	Notice of name	Criminal Lawyers' Association of Ontario
2020-09-23	Motion for leave to intervene, (Book Form), Filing Fee Outstanding, Incomplete	Criminal Lawyers' Association of Ontario
2020-09-02	Notice of hearing sent to parties
2020-08-25	Appeal hearing scheduled, 2020-12-11 Judgment rendered
2020-07-14	Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (by email to all parties on July 15, 2020)
2020-07-10	Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2020-10-09)	Her Majesty the Queen
2020-07-10	Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2020-10-09)	Her Majesty the Queen
2020-07-10	Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2020-10-09)	Her Majesty the Queen
2020-07-10	Respondent's record, (Book Form), Completed on: 2020-07-10, (Printed version filed on 2020-10-09)	Her Majesty the Queen
2020-07-10	Respondent's factum, (Book Form), Completed on: 2020-07-10, (Printed version filed on 2020-10-09)	Her Majesty the Queen
2020-05-08	Certificate of counsel (attesting to record), (Letter Form)	Joaquin Alfredo Cortes Rivera
2020-05-08	Certificate (on limitations to public access), 23B	Joaquin Alfredo Cortes Rivera
2020-05-08	Appellant's record, (Book Form), (5 volumes), Completed on: 2020-05-08, (Printed version filed on 2020-10-09)	Joaquin Alfredo Cortes Rivera
2020-05-08	Appellant's factum, (Book Form), Completed on: 2020-05-08, (Printed version filed on 2020-10-09)	Joaquin Alfredo Cortes Rivera
2020-04-03	Letter acknowledging receipt of a notice of appeal, FILE OPENED 2020/04/03
2020-03-13	Certificate (on limitations to public access), (Letter Form), 23B required: amended 23B (rec'd 2020/04/07)	Joaquin Alfredo Cortes Rivera
2020-03-13	Certificate (on limitations to public access), (Letter Form), 23A	Joaquin Alfredo Cortes Rivera
2020-03-13	Notice of appeal, (Book Form), required: amended 23B (rec'd 2020/04/07), Completed on: 2020-04-08	Joaquin Alfredo Cortes Rivera