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.
36021
Cladinoro Perrone v. Her Majesty the Queen
(Manitoba) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-03-06 | Appeal closed | |
| 2015-03-06 | Transcript received, 16 pages. | |
| 2015-02-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-02-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-02-19 |
Judgment on the appeal rendered, CJ Abe Cro Mo Wa, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 13-30-07926, 2014 MBCA 74, dated July 24, 2014, was heard on February 19, 2015, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — We are all of the view that the appeal must be dismissed. We agree with Justice Monnin of the Court of Appeal, for the majority, when he stated at para. 48: I am of the view that the trial judge, through her reasons, has confirmed that she assessed both the credibility and reliability of the witness taking into account the areas of concerns which she outlined. The appeal is therefore dismissed. Dismissed |
|
| 2015-02-19 | General proceeding, Publication ban form. | Her Majesty the Queen |
| 2015-02-19 | General proceeding, Publication ban form. | Cladinoro Perrone |
| 2015-02-19 |
Hearing of the appeal, 2015-02-19, CJ Abe Cro Mo Wa Judgment rendered |
|
| 2015-02-19 | Appellant's condensed book, (Book Form), filed in the Court room. | Cladinoro Perrone |
| 2015-02-13 | Notice of appearance, Josh Weinstein, Lisa LaBossiere and Amanda Sansregret will be present at the hearing and Mr. Josh Weinstein will present the oral argument. | Her Majesty the Queen |
| 2015-02-10 | Correspondence (sent by the Court) to, one seat reserved. | |
| 2015-01-30 | Appeal perfected for hearing | |
| 2015-01-29 | Certificate of counsel (attesting to record), (Included in the respondent's record) | Her Majesty the Queen |
| 2015-01-29 | Respondent's book of authorities, Completed on: 2015-01-29 | Her Majesty the Queen |
| 2015-01-29 | Respondent's record, Completed on: 2015-01-29 | Her Majesty the Queen |
| 2015-01-29 | Respondent's factum, Completed on: 2015-01-29 | Her Majesty the Queen |
| 2014-12-16 | Notice of hearing sent to parties | |
| 2014-12-09 | Notice of appearance, Rekha Malaviya and Renée Lagimodière will be present at the hearing. Ms. Rekha Malaviya will do the oral presentation. | Her Majesty the Queen |
| 2014-12-02 |
Appeal hearing scheduled, 2015-02-19 Judgment rendered |
|
| 2014-11-18 | Certificate (on limitations to public access) | Cladinoro Perrone |
| 2014-11-18 | Appellant's record, Completed on: 2014-11-18, (Electronic version filed on 2014-11-18) | Cladinoro Perrone |
| 2014-11-18 | Appellant's book of authorities, Completed on: 2014-11-18, (Electronic version filed on 2014-11-18) | Cladinoro Perrone |
| 2014-11-18 | Appellant's factum, Completed on: 2014-11-18, (Electronic version filed on 2014-11-18) | Cladinoro Perrone |
| 2014-10-27 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2014-09-04 | Correspondence received, from the Court of Appeal for Manitoba by fax, re: Judicial Interim Release Order | |
| 2014-08-26 | Certificate (on limitations to public access) | Cladinoro Perrone |
| 2014-08-26 | Notice of appeal, fee missing (rec'd September 2, 2014), Completed on: 2014-09-02, (Electronic version filed on 2014-08-26) | Cladinoro Perrone |
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 |
|---|---|---|
| Perrone, Cladinoro | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Perrone, Cladinoro
Counsel
Josh A. Weinstein
300 - 294 Portage Avenue
Winnipeg, Manitoba
R3C 0B9
Telephone: (204) 985-9813
FAX: (204) 942-2101
Email: amsan@legalaid.mb.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Renée Lagimodière
510-405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: rekha.malaviya@gov.mb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.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 - Assessment of evidence - Credibility and reliability - Whether the trial judge gave proper consideration to the issue of reliability, separate and apart from the issue of credibility, when assessing the complainant’s evidence.
The appellant was convicted of sexual assault. The only evidence at trial was that of the complainant. She testified that while at the appellant’s residence, and after consuming alcohol and smoking marihuana, she blacked out and woke up to find him sexually assaulting her. The appellant appealed his conviction on the basis that the verdict was unreasonable and not supported by the evidence, and on the basis that the trial judge erred in finding that the offence was proved beyond a reasonable doubt. A majority of the Court of Appeal dismissed the appeal. MacInnes J.A., dissenting, would have allowed the appeal and ordered a new trial on the basis that the trial judge failed to examine the reliability of the complainant’s evidence.
Lower court rulings
Court of Appeal of Manitoba
2014 MBCA 74, AR 13-30-07926
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
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