Case information
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40558
Braydon Wolfe v. His Majesty the King
(Saskatchewan) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-04-04 | Appeal closed | |
| 2024-10-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-10-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-10-18 |
Judgment on the appeal rendered, CJ Ka Côt Row Mar Kas Ja Ob Mor, The appeal from the judgment of the Court of Appeal for Saskatchewan, Number CACR 3462, 2022 SKCA 132, dated November 16, 2022, heard on March 26, 2024, is allowed and the order of driving prohibition is set aside. Côté, Kasirer, Jamal and Moreau JJ. dissent. Allowed |
|
| 2024-04-09 | Transcript received, 85 Pages | |
| 2024-03-26 | Judgment reserved OR rendered with reasons to follow | |
| 2024-03-26 | Hearing of the appeal, 2024-03-26, CJ Ka Côt Row Mar Kas Ja Ob Mor | |
| 2024-03-22 | Respondent's condensed book, (Book Form), (Printed version due on 2024-04-02) | His Majesty the King |
| 2024-03-20 | Appellant's condensed book, (Book Form), (Printed version due on 2024-03-27) | Braydon Wolfe |
| 2024-02-16 | Notice of appearance, (Letter Form), (Printed version due on 2024-02-23) | Braydon Wolfe |
| 2024-02-12 |
Notice of appearance, (Letter Form), Missing: -Proof of service;, (Printed version due on 2024-02-19) |
His Majesty the King |
| 2023-10-31 | Notice of hearing sent to parties | |
| 2023-10-31 | Appeal hearing scheduled, 2024-03-26 | |
| 2023-10-13 | Respondent's book of authorities, (Book Form), Completed on: 2023-10-13, (Printed version filed on 2023-10-13) | His Majesty the King |
| 2023-10-13 | Respondent's record, (Book Form), Completed on: 2023-10-13, (Printed version filed on 2023-10-13) | His Majesty the King |
| 2023-10-13 | Respondent's factum, (Book Form), Completed on: 2023-10-13, (Printed version filed on 2023-10-13) | His Majesty the King |
| 2023-10-13 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version due on 2023-10-20) | His Majesty the King |
| 2023-10-06 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2023-08-18 | Certificate of counsel (attesting to record), (Letter Form), Form 24A, (Printed version filed on 2023-08-18) | Braydon Wolfe |
| 2023-08-18 | Appellant's record, (Book Form), Completed on: 2023-08-18, (Printed version filed on 2023-08-18) | Braydon Wolfe |
| 2023-08-18 | Appellant's factum, (Book Form), Completed on: 2023-08-18, (Electronic version filed on 2023-08-18) | Braydon Wolfe |
| 2023-06-23 | Notice of appeal, Completed on: 2023-06-23 | Braydon Wolfe |
| 2023-05-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-05-25 | Judgment on leave sent to the parties | |
| 2023-05-25 |
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 Saskatchewan, Number CACR3462, 2022 SKCA 132, dated November 16, 2022, is granted. Granted |
|
| 2023-04-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-02-28 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-02-28, (Printed version due on 2023-03-07) | Braydon Wolfe |
| 2023-02-20 | Certificate (on limitations to public access) | His Majesty the King |
| 2023-02-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-02-20, (Printed version filed on 2023-03-01) | His Majesty the King |
| 2023-01-30 |
Correspondence received from, Court Order Form rec'd. Estimate as to when court order will be filed: 4-6 weeks |
Braydon Wolfe |
| 2023-01-20 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED: 2023-01-20 | |
| 2023-01-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-01-13) | Braydon Wolfe |
| 2023-01-13 |
Application for leave to appeal, (Book Form), Missing: - CA Order (rec'd 2023-02-01) - Signed TC judgment (rec'd 2023-02-01), Completed on: 2023-02-10, (Printed version filed on 2023-01-13) |
Braydon Wolfe |
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 |
|---|---|---|
| Wolfe, Braydon | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Wolfe, Braydon
Counsel
Brent D. Little
112 Avenue B North
Saskatoon, Saskatchewan
S7L 1C8
Telephone: (306) 649-3100
FAX: (306) 649-2226
Email: katherine@littlelaw.ca
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
300 - 1874 Scarth St.
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: pouria.tabrizireardigan@gov.sk.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
Criminal law — Sentencing — Driving prohibition — Can a driving prohibition be imposed following conviction for criminal negligence causing death through the operation of a conveyance or criminal negligence causing bodily harm through the operation of a conveyance?<br>
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.
After consuming alcohol, Mr. Wolfe drove his vehicle on the wrong side of a divided highway for a considerable distance at night. He caused a head-on collision that seriously injured Mrs. Niazi and killed her husband and daughter. Mr. Wolfe was convicted on two counts of criminally negligent operation of a motor vehicle causing death under s. 220(b) of the Criminal Code, R.S.C. 1985, c. C-46, and on one count of criminally negligent operation of a motor vehicle causing bodily harm under s. 221 of the Criminal Code. He was sentenced to three concurrent terms of incarceration with a global term of six years. The sentencing judge additionally ordered a driving prohibition for 10 years for each count of criminal negligence causing death and a driving prohibition for 7 years for the count of criminal negligence causing bodily harm. The Court of Appeal dismissed an appeal from the sentence.
Lower court rulings
Convictions on two counts of criminal negligence causing death and one count of criminal negligence causing bodily harm
Sentence of 6 years, 6 years concurrent, and 3 years concurrent, and driving prohibitions for 10 years, 10 years concurrent, and 7 years concurrent
Appeal from sentences 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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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
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