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.
31641
Ambroise Joseph McKay v. Her Majesty the Queen
(Manitoba) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-03-28 | Transcript received, (33 pages) | |
| 2007-03-27 | Appeal closed | |
| 2007-03-26 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-03-26 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-03-23 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 05-30-06211, 2006 MBCA 83, dated August 3, 2006, was heard this day and the following judgment was rendered: The Chief Justice (orally) — We agree with the Court of Appeal's decision to set aside the acquittal ((2006), 211 C.C.C. (3d) 74, 2006 MBCA 83). Defence of property under s. 41 alone could not justify the commission of the aggravated assault alleged in this case. We are not satisfied, however, that the findings of the trial judge suffice to ground the conviction entered by the Court of Appeal. In particular, the trial judge made no finding that the appellant had intentionally stabbed the complainant. Moreover, he expressed reservations about the overall reliability of the evidence. In so concluding, we should not be taken as endorsing the Court of Appeal's analysis on the scope of the defence of property. By way of clarification, we should not be taken as endorsing the view that "defence of property alone will never justify the use of anything more than minor force being used against a trespasser" (para. 15) or that, in all cases, "the defence of property alone will not justify the intentional use of a weapon against a trespasser" (para. 23). The appeal is allowed, the conviction set aside, and the matter remitted to the Court of Queen's Bench for a new trial. Allowed |
|
| 2007-03-23 | Acknowledgement and consent for video taping of proceedings | |
| 2007-03-23 | Appellant's condensed book, 14 copies - distributed in Court. | Ambroise Joseph McKay |
| 2007-03-23 |
Hearing of the appeal, 2007-03-23, CJ Ba Bi LeB De F Abe Cha Ro Judgment rendered |
|
| 2007-03-14 | Notice of appearance, Evan Roitenberg and Paul Cooper will be appearing. | Ambroise Joseph McKay |
| 2007-02-16 | Appeal perfected for hearing | |
| 2007-02-15 | Respondent's factum, Completed on: 2007-02-16 | Her Majesty the Queen |
| 2007-01-16 | Notice of appearance, Brian Wilford and Richard Saul will be present at the hearing. | Her Majesty the Queen |
| 2006-12-22 | Appellant's book of authorities, Completed on: 2006-12-22 | Ambroise Joseph McKay |
| 2006-12-22 | Appellant's record, Completed on: 2006-12-22 | Ambroise Joseph McKay |
| 2006-12-22 | Appellant's factum, Completed on: 2006-12-22 | Ambroise Joseph McKay |
| 2006-11-16 | Notice of hearing sent to parties | |
| 2006-11-15 |
Appeal hearing scheduled, 2007-03-23, Previously Mar. 27/07 Judgment rendered |
|
| 2006-10-24 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2006-10-04 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2006-10-04 |
Decision on motion to extend time to serve and/or file notice of appeal, to Sept. 29/06, Cha Granted |
|
| 2006-10-04 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Cha | |
| 2006-09-29 | Response to motion to extend time to serve and/or file notice of appeal, Completed on: 2006-09-29 | Her Majesty the Queen |
| 2006-09-29 | Motion to extend the time to serve and/or file the notice of appeal, missing $50.00 - rec'd Oct. 2/06, Completed on: 2006-10-03 | Ambroise Joseph McKay |
| 2006-09-29 | Notice of appeal, missing $50.00 - rec'd Oct. 2/06, Completed on: 2006-10-03 | Ambroise Joseph McKay |
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 |
|---|---|---|
| McKay, Ambroise Joseph | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: McKay, Ambroise Joseph
Counsel
Paul Cooper
1200 - 363 Broadway
Winnipeg, Manitoba
R3C 3N9
Telephone: (204) 985-8181
FAX: (204) 985-8190
Email: roitenberg@gws.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen
Counsel
Richard Saull
5th Floor, 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6121
FAX: (204) 945-1260
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
None.
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 — Trespasser — Assault — Defence of property under s. 41(1) of the Criminal Code —Whether the Court of Appeal erred in its interpretation and application of R. v. Gunning, [2005] 1 S.C.R. 627, 2005 SCC 27— Whether the Court of Appeal erred in concluding that the force applied by the Appellant was that an aggravated assault and in not giving him the benefit of a reasonable doubt — Whether the verdict was against the weight of the evidence — Whether the Court of Appeal erred in substituting a verdict of guilty instead of ordering a new trial as all findings necessary to support a verdict of guilty had not been made out.
A trespasser, Kevin Pashe, was one of several people who had been partying with the Appellant, Ambroise Joseph McKay, at the Appellant’s house. During the party, the Appellant assaulted one of the other partygoers, Shane Chartrand, causing him bodily harm (at trial the Appellant conceded this offence). Pashe, Chartrand and the others left the house after the Appellant told everyone to leave. A few minutes later, Chartrand, accompanied by Pashe, returned to get his stereo equipment from the basement. The Appellant said that Chartrand could stay but not Pashe. The evidence indicated that Pashe remained so that Chartrand would not be alone with the Appellant as he gathered up his equipment. The Appellant retrieved a knife from the upstairs kitchen and brandished it at Pashe, who disarmed the Appellant but did not leave. The Appellant went back upstairs and returned with a paring knife in each hand. At some point, the Appellant and Pashe started to grapple with one another. In the course of these events, Pashe was severely cut across the face.
The Appellant was charged with assault causing bodily harm on Shane Chartrand and aggravated assault on Kevin Pashe. The Appellant conceded the assault on Chartrand. The trial judge acquitted the Appellant of aggravated assault. On appeal, the Court of Appeal allowed the appeal against the acquittal and substituted a verdict of guilty of aggravated assault for the acquittal.
Lower court rulings
Court of Queen’s Bench of Manitoba
CR04-01-25590
See file
Court of Appeal of Manitoba
AR 05-30-06211; 2006 MBCA 83
See file
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