Docket
40500
Derrick Michael Lawlor 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) |
|---|---|---|
| 2024-01-02 | Transcript received, 58 pages | |
| 2023-12-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-12-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-12-15 | Judgment on the appeal rendered, Row Mar Kas Ob Mor, The appeal from the judgment of the Court of Appeal for Ontario, Number C66605, 2022 ONCA 645, dated September 15, 2022, was heard on December 15, 2023, and the Court on that day delivered the following judgment orally: O’BONSAWIN J. (Rowe, Martin and Moreau JJ. concurring) — This is an appeal from R. v. Lawlor, 2022 ONCA 645, 418 C.C.C. (3d) 87, in which the majority dismissed an appeal by Derrick Lawlor of his conviction for first degree murder by a jury. The majority in the Ontario Court of Appeal dismissed the appeal; Justice Nordheimer would have allowed the appeal and ordered a new trial. Only two grounds of appeal are before this Court. The first is whether the trial judge erred in his instructions to the jury regarding the use of evidence as to the accused’s mental health and the requisite intent for first degree murder. The second relates to evidence of after-the-fact conduct. A majority of this Court would allow the appeal on the ground relating to the requisite intent for murder and for first degree murder, but not on the ground relating to after-the-fact conduct. As to the first ground, we are in substantial agreement with the reasons of Justice Nordheimer. As to the second ground, we are in substantial agreement with the reasons of the Ontario Court of Appeal majority. We would add the following comment. As has been stated on many occasions, and we repeat here, courts need to be mindful of evidence as to mental health where this is relevant to issues of criminal responsibility. This is especially so in instructing a jury, to assist them in the proper use of such evidence. Accordingly, the appeal is allowed, the conviction is set aside and a new trial is ordered. KASIRER J. — I would dismiss the appeal. I allow myself two observations. First, I agree with my colleagues that courts need to be mindful of mental health evidence in criminal matters, including in instructions to the jury. As the majority in the Court of Appeal wrote, there is no question that evidence of mental health problems may be relevant to issues of intent and planning and deliberation, including in an assessment of the adequacy of a jury charge (see paras. 41 and 44-48). Second, and with the utmost respect for other views, I conclude that the trial judge’s charge properly equipped the jury, in light of all the circumstances, to decide the case according to the exacting standard set forth in R. v. Abdullahi, 2023 SCC 19. In sum, in respect of both the mental health and the after-the-fact evidence, I see no reviewable errors in the jury charge and, on these points, I would adopt the majority reasons of van Rensburg J.A. as my own, without reserve. Allowed |
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| 2023-12-15 | Hearing of the appeal, 2023-12-15, Row Mar Kas Ob Mor | |
| 2023-12-12 | Respondent's condensed book, (Book Form), (Printed version due on 2023-12-19) | His Majesty the King |
| 2023-12-12 | Appellant's condensed book, (Book Form), (Printed version due on 2023-12-19) | Derrick Michael Lawlor |
| 2023-11-14 | Notice of appearance, John M. Rosen and Amy J. Ohler will appear before the Court and will present oral argument. | Derrick Michael Lawlor |
| 2023-11-09 | Notice of appearance, Benita Wassenaar will appear before the Court and will present oral argument. | His Majesty the King |
| 2023-07-19 | Respondent's factum, (Book Form), Completed on: 2023-07-24, (Printed version filed on 2023-07-24) | His Majesty the King |
| 2023-07-19 | Respondent's record, (Book Form), Completed on: 2023-07-24, (Printed version filed on 2023-07-24) | His Majesty the King |
| 2023-07-19 | Certificate of counsel (attesting to record), Form 24B | His Majesty the King |
| 2023-07-19 | Certificate (on limitations to public access), Form 23A | His Majesty the King |
| 2023-06-27 | Notice of hearing sent to parties, via email. | |
| 2023-06-27 | Appeal hearing scheduled, 2023-12-15 | |
| 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), Form 24A, (Electronic version filed on 2023-05-25) | Derrick Michael Lawlor |
| 2023-05-24 | Appellant's record, (Book Form), (7 volumes), Completed on: 2023-05-25, (Electronic version filed on 2023-05-25) | Derrick Michael Lawlor |
| 2023-05-24 | Appellant's factum, (Book Form), Completed on: 2023-05-25, (Electronic version filed on 2023-05-25) | Derrick Michael Lawlor |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 | 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 C66605, 2022 ONCA 645, dated September 15, 2022, is dismissed. Dismissed |
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| 2023-02-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-02-02, (Printed version filed on 2023-02-03) | Derrick Michael Lawlor |
| 2023-01-27 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-02-02) | His Majesty the King |
| 2023-01-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-02-02, (Printed version filed on 2023-02-02) | His Majesty the King |
| 2023-01-20 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2023-01-20 | Decision on motion to extend time to serve and/or file notice of appeal, Côt Granted |
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| 2023-01-20 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Côt | |
| 2023-01-20 | Order on motion to extend time, by CÔTÉ J. | |
| 2023-01-20 | Decision on motion to extend time, Côt, UPON APPLICATION by the appellant for extensions of time to serve and file his notice of appeal as of right and application for leave to appeal; AND UPON APPLICATION by the appellant for an extension of time to serve and file his factum, record and book of authorities for the appeal as of right; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for an extension of time to serve and file the notice of appeal as of right and application for leave to appeal are granted. The appellant shall serve and file his factum, record and book of authorities, if any, within eight (8) weeks from the date of judgment on the application for leave to appeal, as it relates to his appeal as of right. Should leave be granted, the appellant shall be entitled to serve and file only one factum, record and book of authorities, if any, with respect to both his appeal as of right and his appeal by leave of the Court. Granted |
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| 2023-01-19 | Submission of motion to extend time, Côt | |
| 2022-12-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2022-12-21 | |
| 2022-12-21 | Motion to extend time, (Book Form), for filing the appellant’s factum, record, and book of authorities., Completed on: 2022-12-21, (Printed version due on 2022-12-30) | Derrick Michael Lawlor |
| 2022-12-21 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-21) | Derrick Michael Lawlor |
| 2022-12-21 | Application for leave to appeal, (Book Form), Completed on: 2022-12-21, (Printed version filed on 2022-12-21) | Derrick Michael Lawlor |
| 2022-12-21 | General proceeding, A file number has been assigned for the determination of the motion to extend time | Derrick Michael Lawlor |
| 2022-12-16 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2022-12-16, (Printed version due on 2022-12-23) | His Majesty the King |
| 2022-12-09 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-12-16) | Derrick Michael Lawlor |
| 2022-12-09 | Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Completed on: 2022-12-09, (Printed version due on 2022-12-16) | Derrick Michael Lawlor |
| 2022-12-09 | Notice of appeal, (Letter Form), Completed on: 2022-12-09, (Printed version due on 2022-12-16) | Derrick Michael Lawlor |
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