Case information
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34284
J.F. v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-03-12 | Appeal closed | |
| 2013-03-04 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-03-04 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-03-01 |
Judgment on the appeal rendered, CJ LeB F Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C46571, 2011 ONCA 220, dated April 6, 2011, heard on October 12, 2012, is dismissed. Dismissed |
|
| 2012-10-26 | Transcript received, (75 pages) | |
| 2012-10-12 | Judgment reserved OR rendered with reasons to follow | |
| 2012-10-12 |
Hearing of the appeal, 2012-10-12, CJ LeB F Ro Cro Mo Ka Judgment reserved |
|
| 2012-10-12 | Appellant's condensed book, 14 copies (distributed at the hearing) | J.F. |
| 2012-10-12 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-10-11 | Respondent's condensed book, (Book Form), 14 copies (distributed at the hearing) | Her Majesty the Queen |
| 2012-10-05 | Notice of appearance, Ian Mang and Shelley M. Kierstead will be present at the hearing | J.F. |
| 2012-09-28 | Notice of appearance, Ryan D.W. Dalziel and Micah B. Rankin will be present at the hearing | British Columbia Civil Liberties Association |
| 2012-08-24 |
Order by, Cro, FURTHER TO THE ORDER dated June 20, 2012, granting leave to intervene to the British Columbia Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2012-08-24 | Notice of withdrawal, of the intervener the Director of Public Prosecution of Canada | Director of Public Prosecutions of Canada |
| 2012-08-15 | Intervener's book of authorities, (Book Form), Completed on: 2012-08-15 | British Columbia Civil Liberties Association |
| 2012-08-15 | Intervener's factum, (Book Form), Completed on: 2012-08-15 | British Columbia Civil Liberties Association |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-10-12 Judgment reserved |
|
| 2012-06-21 | Letter sent to Intervener(s) | |
| 2012-06-20 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-06-20 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Director of Public Prosecutions of Canada and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Director of Public Prosecutions of Canada and the British Columbia Civil Liberties Association are granted and the said interveners shall each be entitled to serve and file a factum not to exceed 10 pages in length on or before August 15, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention Granted |
|
| 2012-06-20 | Submission of motion for leave to intervene, Cro | |
| 2012-05-29 | Appeal perfected for hearing | |
| 2012-05-25 | Respondent's book of authorities, Completed on: 2012-05-25 | Her Majesty the Queen |
| 2012-05-25 | Respondent's factum, Electronic copy requested - Rec'd on June 6, 2012, Completed on: 2012-05-25 | Her Majesty the Queen |
| 2012-05-03 | Motion for leave to intervene, (bookform), Completed on: 2012-05-03 | British Columbia Civil Liberties Association |
| 2012-05-03 | Motion for leave to intervene, Completed on: 2012-05-03 | Director of Public Prosecutions of Canada |
| 2012-04-05 | Appellant's book of authorities, Completed on: 2012-04-05 | J.F. |
| 2012-04-05 | Appellant's record, Completed on: 2012-04-05 | J.F. |
| 2012-04-05 | Appellant's factum, Electronic copy requested - Rec'd on April 20, 2012, Completed on: 2012-04-20 | J.F. |
| 2012-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-02-21 | Order on motion to extend time | |
| 2012-02-21 |
Decision on motion to extend time, Reg, to serve and file the appellant's record, factum and book of authorities to April 9/12 Granted |
|
| 2012-02-21 | Submission of motion to extend time, Reg | |
| 2012-02-09 | Response to motion to extend time, (Letter Form), from Alex Alvaro dated Feb. 2/12, Completed on: 2012-02-09 | Her Majesty the Queen |
| 2012-02-09 | Motion to extend time, to serve and file the appellant's record, factum and book of authorities to April 9/12, Completed on: 2012-02-09 | J.F. |
| 2011-11-15 | Notice of appeal, Completed on: 2011-11-15 | J.F. |
| 2011-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-10-21 | Judgment on leave sent to the parties | |
| 2011-10-20 |
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 for Ontario, Number C46571, 2011 ONCA 220, dated April 6, 2011, is granted without costs. Granted, without costs |
|
| 2011-08-02 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-06-15 | Applicant's reply to respondent's argument, Completed on: 2011-06-15 | J.F. |
| 2011-06-09 | Respondent's response on the application for leave to appeal, Completed on: 2011-06-09 | Her Majesty the Queen |
| 2011-05-31 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-05-31 | Book of authorities | J.F. |
| 2011-05-31 | Application for leave to appeal, Completed on: 2011-05-31 | J.F. |
| 2011-04-11 | Notice of application for leave to appeal, Completed on: 2011-05-31 | J.F. |
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 |
|---|---|---|
| J.F. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: J.F.
Counsel
Shelley M. Kierstead
340 College Street
Suite 225
Toronto, Ontario
M5T 3A9
Telephone: (416) 531-4105
FAX: (416) 531-3587
Email: ian@mangsteinberg.com
Agent
150 Isabella Street, Suite 1207
Ottawa, Ontario
K1S 1V7
Telephone: (613) 238-6969 Ext: 2
FAX: (613) 238-9916
Email: tsemanyk@sspclaw.ca
Party: Her Majesty the Queen
Counsel
Andreea Baiasu
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: alexander.alvaro@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: British Columbia Civil Liberties Association
Counsel
3000 - 1055 West Georgia Street
Vancouver, British Columbia
V6E 3R3
Telephone: (604) 641-4881
FAX: (604) 646-2671
Email: rdd@bht.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.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 Offence Elements of offence Conspiracy to commit murder Party liability Evidence Co-conspirator’s exception to hearsay rule Whether the Court of Appeal erred in holding that the appellant could be convicted of conspiracy to commit murder as a party pursuant to the combined effect of ss. 21(1) and 465(1)(a) of the Criminal Code If party liability to a conspiracy is an offence known to Canadian law, whether party liability in the case of conspiracy is limited to aiding or abetting the formation of the conspiracy, as opposed to aiding or abetting the commission of the substantive offence Whether the co-conspirator’s exception to the hearsay rule applies to parties to a conspiracy as opposed to members of a conspiracy If the appeal on conviction is dismissed, whether the appeal from sentence should be allowed and the sentence varied to a non custodial sentence.
The appellant, a young person, was convicted by a jury of conspiracy to commit a murder. In 2002, two sisters, “R” and “T”, murdered their mother by plying her with alcohol and Tylenol 3 and then drowning her in a bathtub. They were convicted of first degree murder. The appellant was dating T. In MSN chats before the murder, he and T discussed the murder. The appellant and T discussed drowning, what she might do if the mother woke during the drowning, and meeting at a restaurant after the murder. The Crown theorized that the appellant assisted the sisters in the formulation of the method of killing, provided pills used to drug the mother, and agreed to provide a false alibi. The Crown argued that the appellant was guilty of conspiracy to commit the murder either as a co-conspirator or as a party to the sister’s conspiracy. The trial judge instructed the jury that the appellant could be liable for conspiracy either as a “full partner” or if he was a party to the conspiracy by aiding or abetting one or both sisters in their plan to murder. A jury convicted the appellant of conspiracy to commit murder. The Court of Appeal upheld the conviction.
Lower court rulings
Ontario Superior Court of Justice
CRIMJ(P)685/06
Conviction by jury of unlawfully conspiring to commit murder
Court of Appeal for Ontario
C46571, 2011 ONCA 220
Appeal from conviction 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
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