R. v. KISHAYINEW, 2017 SKQB 177

JurisdictionSaskatchewan
JudgeTURCOTTE J.
Citation2017 SKQB 177
Date14 June 2017
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Docket NumberCRIM No. 321 of 2016
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7 practice notes
  • Digest: R v Kishayinew, 2017 SKQB 340
    • Canada
    • Saskatchewan Law Society Case Digests
    • November 17, 2019
    ...Law � Sentencing � Aboriginal Offender Digest: The accused was convicted of sexual assault contrary to s. 271 of the Criminal Code (see: 2017 SKQB 177). The defence counsel applied to the court to direct a Gladue report. The court adjourned the application and directed the preparation of Pr......
  • R v Ross,
    • Canada
    • Court of Appeal (Saskatchewan)
    • December 28, 2022
    ...I accept that her evidence, that it was Mr. Ross who wanted to have sex with her, but she did not want to. As noted in Kishayinew [2017 SKQB 177] at paragraph 68, there’s no such thing as implied consent. Even if the complainant did not verbally tell Mr. Ross no or to stop,......
  • Digest: R v Kacuiba, 2018 SKPC 39
    • Canada
    • Saskatchewan Law Society Case Digests
    • June 18, 2018
    ...(3d) 481, 22 CR (5th) 1 R v J.A., 2011 SCC 28, [2011] 2 SCR 440 R v J.J.R.D. (2006), 2006 CanLII 40088, 215 CCC (3d) 252 R v Kishayinew, 2017 SKQB 177, 141 WCB (2d) 533 R v Vuradin, 2013 SCC 38, [2013] 2 SCR 639 lass="value">R v Dippel, 2011 ABCA 129, 48 Alta LR (5th) 362, 505 AR 347, 281 C......
  • R v Kishayinew,
    • Canada
    • Court of Appeal (Saskatchewan)
    • March 2, 2021
    ...Mr. Justice Tholl In concurrence: The Honourable Madam Justice Jackson The Honourable Mr. Justice Barrington-Foote On appeal from: 2017 SKQB 177 and 2017 SKQB 340, Saskatoon Appeal March 5, 2019 Counsel: Nolan Courteau for the Appellant Beverly Klatt for the Respondent Tholl J.A. I. Introdu......
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5 cases
  • R v Ross,
    • Canada
    • Court of Appeal (Saskatchewan)
    • December 28, 2022
    ...I accept that her evidence, that it was Mr. Ross who wanted to have sex with her, but she did not want to. As noted in Kishayinew [2017 SKQB 177] at paragraph 68, there’s no such thing as implied consent. Even if the complainant did not verbally tell Mr. Ross no or to stop,......
  • R v Kishayinew,
    • Canada
    • Court of Appeal (Saskatchewan)
    • March 2, 2021
    ...Mr. Justice Tholl In concurrence: The Honourable Madam Justice Jackson The Honourable Mr. Justice Barrington-Foote On appeal from: 2017 SKQB 177 and 2017 SKQB 340, Saskatoon Appeal March 5, 2019 Counsel: Nolan Courteau for the Appellant Beverly Klatt for the Respondent Tholl J.A. I. Introdu......
  • R. v. Kishayinew, 2017 SKQB 340
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • November 10, 2017
    ...which occurred on or about August 24, 2014 in Saskatoon, Saskatchewan. [2] In my judgment rendered on June 14, 2017 (R v Kishayinew, 2017 SKQB 177), following a trial of the matter before me, I found Mr. Kishayinew guilty of both charges. Sentencing was adjourned to October 5, 2017. [3] On ......
  • R. v. Kishayinew, 2020 SCC 34
    • Canada
    • Supreme Court (Canada)
    • November 5, 2020
    ...“weird down below”, and wanted to escape. In our view, as the trial judge’s reasons at paras. 94, 96 and 97 (2017 SKQB 177 (CanLII)) make apparent, this evidence reasonably permits only one inference: that the complainant did not consent to any touching from Mr. Kishayi......
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2 books & journal articles
  • Digest: R v Kishayinew, 2017 SKQB 340
    • Canada
    • Saskatchewan Law Society Case Digests
    • November 17, 2019
    ...Law � Sentencing � Aboriginal Offender Digest: The accused was convicted of sexual assault contrary to s. 271 of the Criminal Code (see: 2017 SKQB 177). The defence counsel applied to the court to direct a Gladue report. The court adjourned the application and directed the preparation of Pr......
  • Digest: R v Kacuiba, 2018 SKPC 39
    • Canada
    • Saskatchewan Law Society Case Digests
    • June 18, 2018
    ...(3d) 481, 22 CR (5th) 1 R v J.A., 2011 SCC 28, [2011] 2 SCR 440 R v J.J.R.D. (2006), 2006 CanLII 40088, 215 CCC (3d) 252 R v Kishayinew, 2017 SKQB 177, 141 WCB (2d) 533 R v Vuradin, 2013 SCC 38, [2013] 2 SCR 639 lass="value">R v Dippel, 2011 ABCA 129, 48 Alta LR (5th) 362, 505 AR 347, 281 C......

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