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Case information

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31811

C.L.Y. v. Her Majesty the Queen

(Manitoba) (Criminal) (As of Right)

(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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2008-02-07 Appeal closed
2008-01-28 Formal judgment sent to the registrar of the court of appeal and all parties
2008-01-28 Judgment on appeal and notice of deposit of judgment sent to all parties
2008-01-25 Judgment on the appeal rendered, Ba Bi De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 05-30-06168, dated October 30, 2006, 2006 MBCA 124 heard on November 6, 2007, is allowed. The convictions are quashed and a new trial is ordered.
Allowed
2007-11-19 Transcript received, (35 pages)
2007-11-06 Judgment reserved OR rendered with reasons to follow
2007-11-06 Appellant's condensed book, submitted in Court (14 copies) C.L.Y.
2007-11-06 Acknowledgement and consent for video taping of proceedings, from all parties
2007-11-06 Hearing of the appeal, 2007-11-06, Ba Bi De F Abe Cha Ro
Judgment reserved
2007-10-25 Correspondence received from, (e-mail) A.J. Semchuk; re: ban C.L.Y.
2007-10-24 Notice of appearance, Richard A. Saull & Brian R. Bell will be present at the hearing Her Majesty the Queen
2007-10-22 Notice of appearance, Alan J. Semchuk will be present at the hearing C.L.Y.
2007-08-20 Notice of hearing sent to parties
2007-08-20 Appeal hearing scheduled, 2007-11-06, (previously Nov. 13/07)
Judgment reserved
2007-06-05 Appeal perfected for hearing
2007-06-04 Respondent's book of authorities, Completed on: 2007-06-04 Her Majesty the Queen
2007-06-04 Respondent's factum, Completed on: 2007-06-04 Her Majesty the Queen
2007-04-10 Appellant's record, Vol. I and II, Completed on: 2007-04-10 C.L.Y.
2007-04-10 Appellant's book of authorities, Completed on: 2007-04-10 C.L.Y.
2007-04-10 Appellant's factum, Completed on: 2007-04-10 C.L.Y.
2007-02-01 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2007-01-26 Order on motion to extend time to serve and/or file notice of appeal
2007-01-26 Decision on motion to extend time to serve and/or file notice of appeal, Bi, to Jan. 16/07
Granted
2007-01-25 Submission of motion to extend time to serve and/or file notice of appeal submitted, Bi
2007-01-25 Response to motion to extend time to serve and/or file notice of appeal, e-mail from Gowlings dated Jan. 25/07, Completed on: 2007-01-25 Her Majesty the Queen
2007-01-18 Motion to extend the time to serve and/or file the notice of appeal, (bookform), Completed on: 2007-01-18 C.L.Y.
2007-01-16 Notice of appeal, (Ext. of time rec'd Jan. 18/07), Completed on: 2007-01-18 C.L.Y.

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

Main parties - Appellants
Name Role Status
C.L.Y. Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: C.L.Y.

Counsel
Name
Alan J. Semchuk
Contact information
Johnston & Company
Box 551, 18-3rd Avenue North-West
Dauphin, Manitoba
R7N 2V4
Telephone: (204) 638-3211
FAX: (204) 638-9646
Email: asemchuk@mts.net
Agent
Name
Jeffrey W. Beedell
Contact information
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca

Party: Her Majesty the Queen

Counsel
Names
Gregg Lawlor
Richard A. Saull
Brian R. Bell
Contact information
Attorney General of Manitoba
405 Broadway Avenue
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2870
FAX: (204) 945-1260
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
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 - Sexual assault - Evidence - Credibility - Whether the verdict of the trial judge was unreasonable in light of the evidence adduced at trial and the test enunciated by the Supreme Court of Canada in R. v. W.(D.), [1991] 1 S.C.R. 742.

The Appellant was charged with two counts of sexual assault. The complainant was a young girl between the ages of six and eight years of age during the time period covered in the indictment. The Appellant was an occasional sitter for the complainant. The Appellant denied touching the complainant in any inappropriate way.

At trial, the trial judge found the complainant to be a good witness, did not exaggerate her description, provided a reasonable amount of detail and was unshaken on cross-examination. The trial judge did not believe the Appellant's testimony nor did it raise a reasonable doubt in her mind. The trial judge convicted the Appellant on the two counts of sexual assault. On appeal, the majority of the Court of Appeal dismissed the appeal. Twaddle J.A., dissenting, would have allowed the appeal, set aside the convictions and directed the entry of acquittals on the basis of the trial judge's incorrect approach to the issue of credibility and her acceptance of the Appellant's good recollection of events as supportive of a finding that the Appellant's evidence was incredible.

Lower court rulings

February 3, 2005
Court of Queen’s Bench of Manitoba

CR 04-05-00101

See file

October 30, 2006
Court of Appeal of Manitoba

AR05-30-06168, 2006 MBCA 124

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13