36558   Martin Green v. Her Majesty the Queen

Charter of Rights – Freedom of Expression – Section 2(b) of the Charter

On appeal from a judgment of the Court of Appeal for Manitoba. The applicant was convicted of trespass pursuant to the Petty Trespassing Act, C.C.S.M., c. P50.  The applicant’s summary conviction appeal was dismissed. The Court of Appeal dismissed the applicant’s application for leave to appeal.

36648    Marco Viscomi v. Attorney General of Canada, Attorney General of Ontario

Charter of Rights and Freedoms – Search and seizure

On appeal from a judgment of the Court of Appeal for Ontario. American police traced internet communications related to alleged child luring in Virginia to an Internet Protocol address in Ontario. The Internet Service Provider identified the applicant as the subscriber at the relevant time and disclosed his address to American police. The American police notified Ontario police. Ontario police executed search warrants at the applicant’s residences. Charges were laid in Canada but withdrawn when the United States sought the applicant’s extradition. The applicant was committed for extradition and the Minister of Justice ordered his surrender but the Court of Appeal set aside the order for committal and quashed the surrender order. In separate ex parte hearings, pursuant to ss. 18 and 20 of the Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp.), Code J. granted gathering orders and sending orders permitting Ontario authorities to gather and send to American authorities the evidence obtained by police in Ontario. The applicant brought a motion challenging the constitutionality of the gathering and sending provisions in the Mutual Legal Assistance in Criminal Matters Act. The Ontario Superior Court held that sections 17  to 21  of theMutual Legal Assistance in Criminal Matters Act, were not in breach of s. 7  or s. 8  of the Canadian Charter of Rights and Freedoms. The Court of Appeal allowed the appeal from the committal order, but dismissed the appeal on the Charter issue.

36568    Nirmala Devi Arjun v. Her Majesty the Queen

Criminal law – Defences – Intoxication

On appeal from the judgment of the Court of Appeal for British Columbia. Mr. Canning, the applicant’s friend, was found dead on the floor of the applicant’s bedroom. Mr. Canning sustained numerous sharp and blunt force injuries. The police officer found a meat cleaver and a bread knife in the applicant’s kitchen sink. There were no eye-witnesses, but the neighbours heard loud noises coming from the applicant’s apartment. After a trial by judge and jury, the applicant was convicted of second degree murder. The Court of Appeal dismissed the conviction appeal.

35620   Brother Kornelis Klevering v. Attorney General  of Canada, Marc Mayrand (Chief Electoral Officer), Frank Valeriote

Canadian Charter of Rights and Freedoms – Appeals and judicial review

On appeal from a judgment of the Federal Court of Appeal. The Applicant brought an application contesting the results of the May 2, 2011, federal election for the riding of Guelph. He alleged that there were numerous automated telephone calls that purported to be from Elections Canada and which misdirected voters to non-existing polling stations. The Applicant made his application pursuant to s. 524(1) of the Canada Elections Act. The Federal Court dismissed the Application under s. 531(1) of the Canada Elections Act as vexatious, frivolous or not made in good faith. The Federal Court of Appeal dismissed the appeal.

36550   Marlon Richards v. Her Majesty the Queen

Charter of Rights – Section 10 of the Charter – Police – Powers

On appeal from a judgment of the Court of Appeal for Ontario. A known, reliable confidential informant (the “CI”) told an Ontario Provincial Police (OPP) officer that the applicant would, at a specific time and place, have a quantity of crack cocaine in his possession. The OPP officer was able to corroborate the details of the information provided by the CI. The OPP officer believed that there were reasonable and probable grounds to arrest the applicant for possession of a controlled substance. The OPP officer contacted another police service and requested that they pull over the applicant’s taxi and arrest him for possession of a controlled substance. Acting on this instruction, the applicant’s taxi was pulled over. The officer saw a bulky item in the applicant’s jacket pocket and then the applicant pulled out three cell phones and was placed under arrest for breaching a condition of his recognizance (to not possess a cellular phone). The applicant was taken to the police station. So was the backpack that the applicant had been using as a pillow in the backseat of the taxi. A police officer searched the backpack and found 28.5 grams of crack cocaine. The trial judge conducted a voir dire and ruled that the applicant’s rights under ss. 7, 8 and 9 of the Charter were not infringed. The evidence was admissible pursuant to s. 24(2) of the Charter. The applicant was convicted of possession of cocaine for the purpose of trafficking and two breaches of recognizance. The applicant’s conviction appeal was dismissed.

36551   Fédération des producteurs acéricoles du Québec v. S.K. Export Inc., Étienne St-Pierre

Private international law – Recognition of judgment

On appeal from the judgment of the New Brunswick Court of Appeal. The Fédération des producteurs acéricoles du Québec obtained, in Quebec, an interlocutory injunction preventing the respondents, S.K. Export Inc. and its president, Étienne St-Pierre, from receiving, purchasing or dealing in maple syrup covered by its regulations. As the respondents’ sole residence and place of business is in New Brunswick, the Fédération des producteurs acéricoles du Québec tried to have this interlocutory injunction homologated in New Brunswick territory but were unsuccessful. The New Brunswick Court of Queen’s Bench dismissed the motion. The Court of Appeal dismissed the appeal.

36588   Robert Glen Harrison v. British Columbia (Law Society), Angus Gunn

Charter of Rights – Right to life, liberty and security of the person

On appeal from the Court of Appeal for British Columbia. The applicant, Mr. Harrison, made a complaint to the Law Society about the quality of the advice that he received from his lawyer, the respondent, Mr. Gunn, in connection with a civil claim that was dismissed. The investigator into the complaint concluded that there was insufficient evidence to support an allegation of professional misconduct on the part of Mr. Gunn. The Review Committee declined to take any further action and closed their file. Mr. Harrison sought judicial review of that decision. The applicant’s judicial review application and subsequent appeal were both dismissed.

36635   Peter Andrew Webster v. Her Majesty the Queen

Charter of Rights and Freedoms – Criminal law – Unreasonable search and seizure

On appeal from the Court of Appeal for British Columbia. Police investigating cocaine and heroin trafficking believed that phone numbers connected to drug dealing also were connected to the applicant. They undertook surveillance and observed the applicant engaging in behavior they believed was consistent with drug dealing. During this surveillance they gained access to common areas of a multi-unit residential condominium building where the applicant resided and they obtained renters’ information for the building from the building manager. Police arrested the applicant in the elevator of the condominium building while he was in possession of a large quantity of cocaine. They entered his condominium unit before obtaining a search warrant, in order to remove his girlfriend, but they did not search the unit until after a search warrant was issued. They relied on a production order to obtain records of historic text messages that they entered at trial as evidence of drug dealing. The Provincial Court of British Columbia dismissed the Motion to exclude evidence and the appeal was dismissed.