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.
29060
Eric Squires v. Her Majesty the Queen
(Newfoundland & Labrador) (Criminal) (As of Right / By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2003-02-05 | Record returned to the Registrar of the Court of Appeal | |
| 2002-12-24 | Appeal closed | |
| 2002-12-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2002-12-12 | Acknowledgement and consent for video taping of proceedings | |
| 2002-12-12 |
Judgment on the appeal rendered, Ia Ma Ba Arb LeB, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 98/70, dated January 24, 2002, was heard this day and the following judgment was rendered: Iacobucci J. (orally): Mr. Hogan, it will not be necessary to hear from you as the Court is ready to pronounce judgment. This is an appeal as of right. The major issue on appeal is the adequacy of the trial judge's charge to the jury on reasonable doubt. On this issue, we agree, substantially for the reasons of O'Neill J.A., dissenting in the Newfoundland and Labrador Court of Appeal, that the trial judge, who had the benefit of the Court's reasons in R. v. Lifchus, [1997] 3 S.C.R. 320, erred in his charge to the jury. We agree with O'Neill J.A. that the charge, when read as a whole, gives rise to a reasonable likelihood that the jury misapprehended the correct standard of proof. Since the matter is going back for a new trial, it is not necessary to deal with R. v. W. (D.), [1991] 1 S.C.R. 747 and post offence conduct issues. Accordingly, we would allow the appeal, set aside the judgment of the court of Appeal, and order a new trial. Allowed |
|
| 2002-12-12 |
Hearing of the appeal, 2002-12-12, Ia Ma Ba Arb LeB Judgment rendered |
|
| 2002-11-25 | Supplemental factum, (respondent / intimée) | Her Majesty the Queen |
| 2002-11-08 | Supplemental document, Apellant's Record (re leave to appeal granted Oct. 17/02) | Eric Squires |
| 2002-11-08 | Supplemental document, Book of Authorities (re leave to appeal granted Oct. 17/02) | Eric Squires |
| 2002-11-08 | Supplemental factum, (re leave to appeal granted Oct. 17/02) | Eric Squires |
| 2002-10-29 | Correspondence received from, Kathleen Healey dated Oct. 23/02 re parties have agreed to file their supplementary factum on Nov. 14, 2002 for the appellant and Nov. 28, 2002 for the respondent (sent to judges Nov. 1/02) | Her Majesty the Queen |
| 2002-10-25 | Correspondence received from, Derek Hogan; re: filing of appellant's factum and new rules | Eric Squires |
| 2002-10-25 | Notice of appeal, Completed on: 2002-10-25 | Eric Squires |
| 2002-10-21 | Judgment on leave sent to the parties | |
| 2002-10-17 |
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 of Newfoundland and Labrador, Number 98/70, dated January 24, 2002, is granted. Granted |
|
| 2002-09-09 |
Appeal hearing scheduled, 2002-12-12 Judgment rendered |
|
| 2002-07-29 | All materials on application for leave submitted to the Judges, G Ma LeB | |
| 2002-07-29 | Appeal perfected for hearing, Session beginning on 2002-09-30 | |
| 2002-07-24 | Respondent's book of authorities, 14 copies, Completed on: 2002-07-24 | Her Majesty the Queen |
| 2002-07-24 | Respondent's factum, 23 copies, Completed on: 2002-07-24 | Her Majesty the Queen |
| 2002-06-07 | Appellant's record, Completed on: 2002-06-07 | Eric Squires |
| 2002-06-07 | Appellant's book of authorities, Completed on: 2002-06-07 | Eric Squires |
| 2002-06-07 | Appellant's factum, Completed on: 2002-06-07 | Eric Squires |
| 2002-04-30 | Appeal court record, (1 box) | |
| 2002-04-05 | Respondent's response on the application for leave to appeal, (Letter Form), from K. Healey dated April 2, 2002 re: will not be filing a response, Completed on: 2002-04-05 | Her Majesty the Queen |
| 2002-03-26 | Correspondence received from, D. Hogan dated March 26/02 re: enclosing C/A Order (by fax - original rec'd Apr. 2/02) | Eric Squires |
| 2002-03-26 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-03-18 | Correspondence received from, P. Doyle dated March 12/02 re: advising Kathleen Healey will represent Her Majesty the Queen | Her Majesty the Queen |
| 2002-03-14 | Application for leave to appeal, (C/A Order rec'd by fax March 26/02 - original rec'd Apr. 2/02), Completed on: 2002-03-14 | Eric Squires |
| 2002-03-07 | Correspondence (sent by the Court) to, all parties: re: filing timetable/tentative hearing date | |
| 2002-02-13 | Notice of appeal, (joint with 1 copy of C/A Reasons), Completed on: 2002-02-13 | Eric Squires |
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 |
|---|---|---|
| Squires, Eric | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Squires, Eric
Counsel
P.O. Box 399, Station "C"
St. John's, Newfoundland & Labrador
A1C 5J9
Telephone: (709) 753-7860
FAX: (709) 753-6226
Agent
700 - 225 Metcalfe St.
Ottawa, Ontario
K2P 1P9
Telephone: (613) 567-7824
FAX: (613) 567-4689
Email: hgeller@miltongeller.com
Party: Her Majesty the Queen
Counsel
4th Floor, East Block
Confederation Building, P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-1179
FAX: (709) 729-2129
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
None.
Lower court rulings
Supreme Court of Newfoundland and Labrador, Court of Appeal
Appellant convicted by judge and jury of first degree murder contrary to s. 235 of the Criminal Code
Supreme Court of Newfoundland and Labrador - Court of Appeal
98/70
Appeal from conviction dismissed
Filed documents
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 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available