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.
41301
Kalen Schlatter v. His Majesty the King
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
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
v.
Counsel
Party: Schlatter, Kalen
Counsel
100-102 Atlantic Avenue
Toronto, Ontario
M6P 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jcouse@lzzdefence.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: tracy.kozlowski@ontario.ca
Summary
Keywords
Criminal law — Evidence — Alternate suspect — Should the common law discretion to allow cross-examination in the interests of justice be relaxed in the context of the defence calling an alternate suspect?
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.
Mr. Schlatter was charged with sexually assaulting and strangling a woman. Crown counsel conceded that Mr. Gardener met the criteria of an alternate suspect. Mr. Gardener was called as a defence witness. Defence applied for leave to cross-examine him at large. The trial judge denied the application. Two subsequent applications for leave to cross-examine Mr. Gardener were granted in part and defence counsel was granted limited cross-examination on specific issues.
Lower court rulings
Conviction by jury for first degree murder
Appeal dismissed
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.
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
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
Not available
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-19 | Judgment on leave sent to the parties | |
| 2024-09-19 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C68354, 2024 ONCA 56, dated January 24, 2024, is dismissed. Dismissed |
|
| 2024-08-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-08-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-07-22 | Lower court order - e-filing, CA Order C68354 | Kalen Schlatter |
| 2024-06-18 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2024-06-18 | His Majesty the King |
| 2024-06-18 | Supplemental document, 2 Volumes | His Majesty the King |
| 2024-06-18 | Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)), 23B | His Majesty the King |
| 2024-06-18 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2024-06-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-06-18 | His Majesty the King |
| 2024-05-29 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-05-28 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2024-05-28 | Kalen Schlatter |
| 2024-05-28 | Certificate (on limitations to public access), 23B | Kalen Schlatter |
| 2024-05-28 | Certificate (on limitations to public access), 23A | Kalen Schlatter |
| 2024-05-28 |
Application for leave to appeal, (Book Form), Missing: - Appeal court orders (Rec'd 07-22-2024) , Completed on: 2024-07-22 |
Kalen Schlatter |
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 |
|---|---|---|
| Schlatter, Kalen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Schlatter, Kalen
Counsel
100-102 Atlantic Avenue
Toronto, Ontario
M6P 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jcouse@lzzdefence.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
Email: tracy.kozlowski@ontario.ca
Summary
Keywords
Criminal law — Evidence — Alternate suspect — Should the common law discretion to allow cross-examination in the interests of justice be relaxed in the context of the defence calling an alternate suspect?
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.
Mr. Schlatter was charged with sexually assaulting and strangling a woman. Crown counsel conceded that Mr. Gardener met the criteria of an alternate suspect. Mr. Gardener was called as a defence witness. Defence applied for leave to cross-examine him at large. The trial judge denied the application. Two subsequent applications for leave to cross-examine Mr. Gardener were granted in part and defence counsel was granted limited cross-examination on specific issues.
Lower court rulings
Conviction by jury for first degree murder
Appeal dismissed
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.
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
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
Not available