Docket
40330
Don Johnson v. His Majesty the King
(Ontario) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-10-25 | Transcript received, 49 pages | |
| 2023-10-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-10-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-10-13 | Judgment on the appeal rendered, Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal for Ontario, Number C66280, 2022 ONCA 534, dated July 18, 2022, was heard on October 13, 2023, and the Court on that day delivered the following judgment orally: KASIRER J. — We are all of the view that the majority in the Court of Appeal was correct to conclude that party liability was properly left to the jury by the trial judge. The evidence on the record provided party liability with an air of reality. We agree, however, with Nordheimer J.A., dissenting, that the trial judge erred in law in his instructions on party liability. In one part of the charge, the judge gave instructions that resembled co-principal liability, but said he was instructing on aiding. In other parts of the charge, the jury was given partially correct instructions on aiding. We share Nordheimer J.A.’s view that the jury was never clearly told that the appellant would have needed to know that the principal intended to kill the victims in a planned and deliberate manner in order to be liable for first degree murder as an aider. That said, we would apply the curative proviso in s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46, because these errors were harmless. There is no reasonable possibility that the jury would have reached a different verdict had these errors not been made (see R. v. Abdullahi, 2023 SCC 19, at para. 33; R. v. Sarrazin, 2011 SCC 54, [2011] 3 S.C.R. 505, at para. 25). The evidence that supported party liability was the same as the evidence for co-principal liability. Moreover, the appellant’s defence was not undermined by the jury charge. Accordingly, we would dismiss the appeal. Dismissed |
|
| 2023-10-13 | Hearing of the appeal, 2023-10-13, Row Mar Kas Ja Ob Decision rendered |
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| 2023-10-10 | Appellant's condensed book, (Book Form), (Printed version filed on 2023-10-11) | Don Johnson |
| 2023-10-10 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2023-10-06 | Respondent's condensed book, (Book Form), (2 volumes), Mission POS, (Printed version due on 2023-10-16) | His Majesty the King |
| 2023-09-15 | Notice of appearance, Don Johnson, Dirk Derstine and Tania Bariteau will appear before the Court. Dirk Derstine and Tania Bariteau will present oral argument. | Don Johnson |
| 2023-06-27 | Notice of hearing sent to parties, via email. | |
| 2023-06-27 | Appeal hearing scheduled, 2023-10-13 Decision rendered |
|
| 2023-06-09 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2023-05-24 | Certificate of counsel (attesting to record), 24B | His Majesty the King |
| 2023-05-24 | Respondent's book of authorities, (Book Form), Completed on: 2023-05-24, (Printed version filed on 2023-05-25) | His Majesty the King |
| 2023-05-24 | Respondent's record, (Book Form), (3 volumes), 5 videos included in Records, Completed on: 2023-05-24, (Printed version filed on 2023-05-25) | His Majesty the King |
| 2023-05-24 | Respondent's factum, (Book Form), Completed on: 2023-05-24, (Printed version filed on 2023-05-25) | His Majesty the King |
| 2023-03-30 | Certificate of counsel (attesting to record) | Don Johnson |
| 2023-03-30 | Appellant's record, (Book Form), (16 volumes), Completed on: 2023-04-03, (Printed version filed on 2023-03-30) | Don Johnson |
| 2023-03-30 | Appellant's factum, (Book Form), Completed on: 2023-04-03, (Printed version filed on 2023-03-30) | Don Johnson |
| 2023-02-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-02 | Judgment on leave sent to the parties | |
| 2023-02-02 | 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 Ontario, Number C66280, 2022 ONCA 534, dated July 18, 2022, is dismissed. Dismissed |
|
| 2022-12-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-10-26 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2022-10-26 | Respondent's response on the application for leave to appeal, (Book Form), (4 volumes), Completed on: 2022-11-04, (Printed version filed on 2022-10-27) | His Majesty the King |
| 2022-10-19 | Order on motion to extend time, by BROWN J. | |
| 2022-10-19 | Decision on motion to extend time, Br, UPON APPLICATION by the appellant for an order extending the time to serve and file his factum, record and book of authorities, if any, until after the Court has rendered its decision on the application for leave to appeal filed in this matter; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. The appellant may serve and file his factum, record and book of authorities, if any, within eight (8) weeks of the date of the judgment on the application for leave to appeal. Should the application for leave to appeal be granted, the appellant shall be permitted to serve and file a single factum, addressing both the issues on the appeal as of right and the issues on the leave application, not to exceed forty (40) pages in length. Granted |
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| 2022-10-19 | Submission of motion to extend time, Br | |
| 2022-10-18 | Correspondence received from, (Letter Form), Respondent, RE: Consent of Motion for an extension of time., (Printed version due on 2022-10-25) | His Majesty the King |
| 2022-10-17 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2022-10-17 | Appeal hearing, Tentatively set to be scheduled in the Spring 2023 session. | |
| 2022-10-14 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-10-14 | |
| 2022-10-11 | Motion to extend time, (Letter Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-10-12) | Don Johnson |
| 2022-09-28 | Certificate (on limitations to public access), 23A | Don Johnson |
| 2022-09-28 | Application for leave to appeal, (Book Form), Completed on: 2022-10-14, (Printed version filed on 2022-10-04) | Don Johnson |
| 2022-08-29 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-08-29 | |
| 2022-08-26 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-08-31) | Don Johnson |
| 2022-08-26 | Notice of appeal, (Letter Form), required: - CA order (rec'd 2022-08-31), Completed on: 2022-09-02, (Printed version filed on 2022-08-31) |
Don Johnson |
- Date modified: