Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34522
Her Majesty the Queen v. W.H.
(Newfoundland & Labrador) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-04-22 | Appeal closed | |
| 2013-04-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-04-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-04-19 |
Judgment on the appeal rendered, CJ LeB F Ro Cro Mo Ka, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 10/29, 2011 NLCA 59, dated September 14, 2011, heard on January 21, 2013, is allowed and the conviction entered at trial is restored. Allowed |
|
| 2013-01-31 | Transcript received, (69 pages) | |
| 2013-01-21 | Judgment reserved OR rendered with reasons to follow | |
| 2013-01-21 |
Hearing of the appeal, 2013-01-21, CJ LeB F Ro Cro Mo Ka Judgment reserved |
|
| 2013-01-21 | Respondent's condensed book, (14 copies) distributed at the hearing | W.H. |
| 2013-01-21 | Appellant's condensed book, (14 copies) distributed at the hearing | Her Majesty the Queen |
| 2013-01-21 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2013-01-11 | Appeal perfected for hearing | |
| 2013-01-08 | Notice of appearance, Frances J. Knickle will be present at the hearing | Her Majesty the Queen |
| 2013-01-03 | Correspondence received from, Burke Robertson, by email on Jan.3/13, Re: change of counsel from Stephen Dawson to Frances J. Knickle | Her Majesty the Queen |
| 2012-12-31 | Notice of appearance, Peter E. Ralph, Q.C., and Michael Crystal will be present at the hearing | W.H. |
| 2012-12-18 | Respondent's book of authorities, Completed on: 2012-12-18 | W.H. |
| 2012-12-18 | Respondent's factum, cd missing (rec'd Dec.28/12), Completed on: 2013-01-02 | W.H. |
| 2012-12-03 | Notice of hearing sent to parties | |
| 2012-11-22 |
Appeal hearing scheduled, 2013-01-21 Judgment reserved |
|
| 2012-11-20 | Appeal perfected for hearing | |
| 2012-11-08 | Order on motion to extend time, (by the REGISTRAR) | |
| 2012-11-08 |
Decision on motion to extend time, Reg, UPON APPLICATION by counsel on behalf of the respondent, for an order extending the time within which to serve and file its Record, Factum and Book of Authorities to December 18, 2012. IT IS ORDERED that the motion is granted. Granted |
|
| 2012-11-08 | Submission of motion to extend time, Reg | |
| 2012-11-08 | Order on motion to extend time, (by the REGISTRAR) | |
| 2012-11-08 |
Decision on motion to extend time, Reg, UPON APPLICATION by counsel on behalf of the appellant, for an order extending the time within which to serve and file its Record, Factum and Book of Authorities to September 17, 2012. IT IS ORDERED that the motion is granted. Granted |
|
| 2012-11-08 | Submission of motion to extend time, Reg | |
| 2012-10-17 | Response to motion to extend time, Completed on: 2012-10-17 | Her Majesty the Queen |
| 2012-10-16 | Motion to extend time, to serve and file the Respondent's documents to December 18, 2012, Completed on: 2012-10-16 | W.H. |
| 2012-09-21 | Motion to extend time, to serve and file the Appellant's documents to Sept. 17/12, Completed on: 2012-09-21 | Her Majesty the Queen |
| 2012-09-14 | Appellant's book of authorities, Completed on: 2012-09-14 | Her Majesty the Queen |
| 2012-09-14 | Appellant's record, (3 volumes), Completed on: 2012-09-14 | Her Majesty the Queen |
| 2012-09-14 | Appellant's factum, Motion for extension of time requested - Rec'd on September 21, 2012, Completed on: 2012-10-12 | Her Majesty the Queen |
| 2012-06-20 | Notice of appeal, Completed on: 2012-06-20 | Her Majesty the Queen |
| 2012-05-25 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-05-25 | Judgment on leave sent to the parties | |
| 2012-05-24 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 10/29, 2011 NLCA 59, dated September 14, 2011, is granted without costs. Granted, without costs |
|
| 2012-03-05 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2012-02-27 | Respondent's response on the application for leave to appeal, fax from Peter Ralph, dated Feb. 27, 2012, re.: will not be filing a response (respondent cannot afford counsel and legal aid was denied), Completed on: 2012-02-27 | W.H. |
| 2011-12-12 | Correspondence received from, Stephen Dawson, email dated Dec. 11, 2011, re.: Crown does not object to postponement of application nor oppose the appointment of counsel. | Her Majesty the Queen |
| 2011-12-09 | Correspondence received from, Peter E. Ralph, QC., by fax, dated Dec. 9, 2011, re.: Appoint counsel Amicus Curiae & leave application be delayed. | W.H. |
| 2011-11-14 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2011-11-09 | Application for leave to appeal, Service missing (rec'd Nov.17, 2011), Completed on: 2011-11-17 | Her Majesty the Queen |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| W.H. | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Special Prosecutions Office
4th Floor, Atlantic Place
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-2303
FAX: (709) 729-1135
Email: francesknickle@gov.nl.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: W.H.
Counsel
Michael Crystal
Suite 1001, 10th Floor, TD Place
140 Water Street
St.John's, Newfoundland & Labrador
A1C 6H6
Telephone: (709) 739-4141
FAX: (709) 739-4145
Email: pralph@spdefence.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Criminal Law Appeals Whether Court of Appeal erred by substituting findings of credibility for those of the jury and concluding that the verdict was unreasonable Whether Court of Appeal erred in interpretation and application of R. v. R.E.M, [2008] 3 S.C.R. 3.
The respondent was convicted by a jury of one count of sexual assault and one count of sexual interference, based on the testimony of a child complainant describing three incidents of abuse and a fourth incident for which she could recall no details other than an apology from the respondent. The charge of sexual interference was stayed by the trial judge under the R. v. Kineapple, [1975] 1 S.C.R. 729, principle. The Court of Appeal held that, on the whole of the evidence, the verdict of guilty of sexual assault was not one that a properly instructed jury, acting judicially, could reasonably have rendered. It found that the complainant’s testimony contained unexplained inconsistencies and improbabilities. It overturned the jury’s verdict and entered an acquittal.
Lower court rulings
Supreme Court of Newfoundland & Labrador, Trial Division
200901T4624, 2010 NLTD 62
Conviction by jury of sexual assault and sexual interference: Conviction on count of sexual interference stayed
Supreme Court of Newfoundland and Labrador - Court of Appeal
10/29, 2011 NLCA 59
Appeal from conviction for sexual assault allowed, acquittal entered
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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