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Case information

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38224

Norman Eli Larue v. Her Majesty the Queen

(Yukon Territory) (Criminal) (As of Right)

(Publication ban in case) (Sealing order) (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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-01-25 Appeal closed
2021-01-25 Correspondence (sent by the Court) to, the parties.
Letter from Acting Registrar in response to the appellant's correspondence received on December 7, 2020.
2020-12-07 Correspondence received from, (Letter Form), Norman Eli Larue.
NOT ACCEPTED FOR FILING. 		Norman Eli Larue
2020-05-28 Correspondence (sent by the Court) to, the parties. Letter from Registrar.
2020-05-19 Correspondence received from, (Letter Form), Norman Eli Larue Norman Eli Larue
2020-05-11 Correspondence received from, (Letter Form), Norman Eli Larue, (Printed version due on 2020-05-19) Norman Eli Larue
2020-05-06 Correspondence received from, (Letter Form), Éric Marcoux, (Printed version due on 2020-05-13) Her Majesty the Queen
2020-05-05 Correspondence received from, (Letter Form), Norman Eli Larue, (Printed version due on 2020-05-12) Norman Eli Larue
2020-05-04 Correspondence received from, (Letter Form), Norman Eli Larue.
NOT ACCEPTED FOR FILING, (Printed version due on 2020-05-11) 		Norman Eli Larue
2019-10-01 Order on motion to extend time, by ABELLA, MOLDAVER, KARAKATSANIS, CÔTÉ and BROWN JJ.
2019-10-01 Decision on motion to extend time,
See judgment on miscellaneous motion.
, Abe Mo Ka Côt Br
Dismissed
2019-10-01 Submission of motion to extend time, Abe Mo Ka Côt Br
2019-10-01 Order on miscellaneous motion, by ABELLA, MOLDAVER, KARAKATSANIS, CÔTÉ and BROWN JJ.
2019-10-01 Decision on miscellaneous motion, Abe Mo Ka Côt Br,
UPON APPLICATION by the appellant for an order extending the time to serve and file a motion for a re-hearing and to amend the judgment, and for an order, pursuant to Rules 76 and 81 of the Rules of the Supreme Court of Canada, permitting a re-hearing of the appeal and amending the judgment of this Court dated April 23, 2019;
AND THE MATERIALS FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time is granted.
The motion for a re-hearing and to amend the judgment is dismissed.
Dismissed
2019-10-01 Submission of miscellaneous motion, Abe Mo Ka Côt Br
2019-08-06 Certificate (on limitations to public access), (Letter Form), Public Access to Information Form (in support of reply) Norman Eli Larue
2019-08-06 Reply to motion to extend time, (Letter Form), (Included in the reply to miscellaneous motion),
MISSING: original version (received 2019-08-15), Completed on: 2019-08-16 		Norman Eli Larue
2019-08-06 Reply to miscellaneous motion, (Letter Form),
MISSING: original version (received 2019-08-15), Completed on: 2019-08-16 		Norman Eli Larue
2019-07-31 Correspondence received from, (Letter Form), Norman Eli Larue Norman Eli Larue
2019-07-30 Certificate (on limitations to public access), (Letter Form), Form 23B Her Majesty the Queen
2019-07-30 Response to motion to extend time, (Letter Form), (Included in the response to miscellaneous motion),
MISSING:
proof of service (received 2019-07-31), Completed on: 2019-07-31 		Her Majesty the Queen
2019-07-30 Response to miscellaneous motion, (Book Form),
MISSING:
proof of service (received 2019-07-31), Completed on: 2019-07-31 		Her Majesty the Queen
2019-07-23 Correspondence received from, (Letter Form), Erika Buhrmann.
Correspondence to confirm there are no documents/information in the appellant’s motion for a re-hearing and extension of the filing deadline that is subject to a sealing order or publication ban. 		Her Majesty the Queen
2019-07-17 Certificate (on limitations to public access), (Letter Form), Public Access to Information Form (for motion to extend time) Norman Eli Larue
2019-07-17 Certificate (on limitations to public access), (Letter Form), Public Access to Information Form (for miscellaneous motion) Norman Eli Larue
2019-07-05 Motion to extend time, (Letter Form), to serve and file miscellaneous motion (pursuant to Rules 76 and 81) - (including fee waiver request).
FEE WAIVER granted on 2019-07-12.
MISSING:
1) Original version (received on 2019-07-16)
2) Public Access to Information Form (received 2019-07-17), Completed on: 2019-07-23 		Norman Eli Larue
2019-07-05 Notice of miscellaneous motion, (Letter Form), Pursuant to Rules 76 and 81 (including fee waiver request).
FEE WAIVER granted on 2019-07-12.
MISSING:
1) Original version (received on 2019-07-16)
2) Public Access to Information Form (received 2019-07-17), Completed on: 2019-07-23 		Norman Eli Larue
2019-06-03 Correspondence (sent by the Court) to, Mr. Norman Eli Larue. Letter from Registrar.
2019-05-27 Correspondence received from, (Letter Form), de l'appellant, Mr. Norman Eli Larue. Norman Eli Larue
2019-05-23 Correspondence received from, (Letter Form),
Mr. Norman Eli Larue.
Consents to notice of withdrawal of counsel. 		Norman Eli Larue
2019-05-23 Notice of withdrawal, (Letter Form),
Received from counsel for the appellant.
Mr. Norman Eli Larue is now self-represented., Completed on: 2019-05-23 		Norman Eli Larue
2019-05-06 Correspondence received from, (Letter Form), the appellant, Mr. Norman Eli Larue. Norman Eli Larue
2019-05-06 Correspondence received from, (Letter Form), the appellant, Mr. Norman Eli Larue. Norman Eli Larue
2019-04-29 Transcript received, 46 pages
2019-04-25 Formal judgment sent to the registrar of the court of appeal and all parties
2019-04-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-04-23 Judgment on the appeal rendered, Abe Mo Ka Côt Br,
The appeal from the judgment of the Court of Appeal of Yukon, Number 13-YU727, 2018 YKCA 9, dated June 13, 2018, was heard on April 23, 2019, and the Court on that day delivered the following judgment orally:

ABELLA J. — Applying R. v. Bradshaw, 2017 SCC 35, [2017] 1 S.C.R. 865, a majority of this panel would dismiss the appeal largely for the reasons of Dickson J.A., and Justices Karakatsanis and Brown would allow substantially for the reasons of Bennett J.A.

The appeal is therefore dismissed.
Dismissed
2019-04-23 Hearing of the appeal, 2019-04-23, Abe Mo Ka Côt Br
Decision rendered
2019-04-23 General proceeding, (Letter Form), Case Sensitivity Questionnaire. Her Majesty the Queen
2019-04-23 General proceeding, (Letter Form), Case Sensitivity Questionnaire. Norman Eli Larue
2019-04-23 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2019-04-23 Certificate (on limitations to public access), (Letter Form), 23B Norman Eli Larue
2019-04-23 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Norman Eli Larue
2019-04-17 Correspondence received from, (Letter Form), 5 reserved seats requested. Her Majesty the Queen
2019-04-15 Notice of appearance, Vincent Larochelle and Gregory Johannson will appear before the court, and they will both present oral arguments.
 Norman Eli Larue
2019-04-12 Appeal perfected for hearing
2019-04-09 Notice of appearance, James C. Martin and Noel Sinclair will appear before the court. Mr. Martin will present oral arguments. Her Majesty the Queen
2019-04-04 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2019-04-04 Respondent's book of authorities, (Book Form), Completed on: 2019-04-04 Her Majesty the Queen
2019-04-04 Respondent's factum, (Book Form), Completed on: 2019-04-04 Her Majesty the Queen
2019-03-04 Notice of hearing sent to parties
2019-02-26 Appeal hearing scheduled, 2019-04-23, (Previous tentative hearing date was 2019-04-18)
Decision rendered
2019-02-08 Certificate (on limitations to public access), (Letter Form), 23B Norman Eli Larue
2019-02-08 Appellant's record, (Book Form), Volumes 2 to 21 filed electronically only pursuant to Rule 38.1, Completed on: 2019-02-08 Norman Eli Larue
2019-02-08 Appellant's factum, (Book Form), Completed on: 2019-02-08 Norman Eli Larue
2019-01-11 Correspondence (sent by the Court) to, the parties. New tentative hearing date set for April 23, 2019 (previous tentative hearing date was April 18, 2019).
2018-12-12 Correspondence (sent by the Court) to, the parties. New tentative hearing date set for April 18, 2019 (previous tentative hearing date was February 18, 2019).
2018-11-30 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-11-30 Judgment on leave sent to the parties
2018-11-29 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 of the Yukon Territory, Number 13-YU727, 2018 YKCA 9, dated June 13, 2018, is dismissed.
Dismissed
2018-11-05 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-10-15 Certificate (on limitations to public access), (Letter Form), 23B-Reply Norman Eli Larue
2018-10-15 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-10-15 Norman Eli Larue
2018-10-12 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2018-10-12 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2018-10-12 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-10-12 Her Majesty the Queen
2018-09-26 Order on motion to extend time, (BY THE REGISTRAR - ROGER BILODEAU, Q.C.)
2018-09-26 Decision on motion to extend time, Reg, UPON APPLICATION by the appellant, for an order to extend the time to serve and file his factum, record and book of authorities in this appeal as of right, pursuant to Rules 6(1) and 47 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondent consents to the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
The appellant is permitted to serve and file the above mentioned documents within eight (8) weeks after the Court’s decision on the leave application, if leave is denied, or within eight (8) weeks after the filing of the notice of appeal for the appeal by leave, if leave is granted.
Granted
2018-09-26 Submission of motion to extend time, Reg
2018-09-24 Response to motion to extend time, (Letter Form), Completed on: 2018-09-24 Her Majesty the Queen
2018-09-12 Motion to extend time, (Letter Form), to file and serve the appeal documents., Completed on: 2018-09-12 Norman Eli Larue
2018-09-12 Letter acknowledging receipt of a complete application for leave to appeal
2018-09-12 Certificate (on limitations to public access), (Included in the application for leave to appeal), 23B Norman Eli Larue
2018-09-12 Certificate (on limitations to public access), (Included in the application for leave to appeal), 23A Norman Eli Larue
2018-09-12 Application for leave to appeal, (Book Form), Completed on: 2018-09-12 Norman Eli Larue
2018-08-16 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-08-10 Letter acknowledging receipt of a notice of appeal, FILE OPENED: 10-08-2018
2018-08-08 Certificate (on limitations to public access), (Letter Form), Form 23B Norman Eli Larue
2018-08-08 Certificate (on limitations to public access), (Letter Form), Form 23A; Amended certificated rec'd 2018/10/19 Norman Eli Larue
2018-08-08 Notice of appeal, (Letter Form), MISSING: Court of Appeal Order-rec'd 2018/08/30, amended Notice of Appeal (rc'd 14-08-2018), Completed on: 2018-08-30 Norman Eli Larue

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
Larue, Norman Eli Appellant Active

v.

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

Counsel

Party: Larue, Norman Eli

Counsel
Vincent Larochelle
Tutshi Law Centre
2131, Second Avenue
Suite 203
Whitehorse, Yukon Territory
Y1A 1C3
Telephone: (867) 667-7275
FAX: (867) 667-4449
Email: vlarochelle@legalaid.yk.ca

Party: Her Majesty the Queen

Counsel
Noel Sinclair
James C. Martin
Public Prosecution Service of Canada
Yukon Regional Office
200-300 Main Street
Whitehorse, Yukon Territory
Y1A 2B5
Telephone: (867) 667-8100
FAX: (867) 667-3979
Email: Noel.Sinclair@ppsc-sppc.gc.ca
Agent
François Lacasse
Public Prosecution Service of Canada
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: Francois.Lacasse@ppsc-sppc.gc.ca

Summary

Keywords

Criminal law - Evidence - Hearsay - Admissibility - Principled exception to hearsay rule - Whether the trial judge erred in admitting hearsay evidence - R. v. Bradshaw, 2017 SCC 35, [2017] 1 S.C.R. 865.

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.

(PUBLICATION BAN IN CASE) (SEALING ORDER) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)

Mr. Larue, appellant, was convicted of first degree murder. At trial, a witness refused to testify and, as a result, the Crown applied to admit two hearsay statements under the principled approach to the hearsay rule. A majority of the Court of Appeal dismissed the appeal. Bennett J.A., dissenting, would have allowed the appeal and ordered a new trial on the basis that the statements did not meet the test of threshold reliability to be admitted under the principled approach to hearsay as articulated in R. v. Bradshaw, 2017 SCC 35, [2017] 1 S.C.R. 865.

Lower court rulings

May 27, 2013
Supreme Court of the Yukon Territory

2013 YKSC 61, 10-01510, 10-01510B

Voir dire; hearsay statements admitted
June 13, 2018
Court of Appeal of the Yukon Territory

13-YU727, 2018 YKCA 9

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

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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.

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Date modified: 2024-10-03