Case information
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33916
Norman Martin Campbell v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-06-29 | Appeal closed | |
| 2011-06-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-06-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-06-23 |
Judgment on the appeal rendered, LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C49978, 2010 ONCA 588, dated September 13, 2010, heard on May 11, 2011, is dismissed. Dismissed |
|
| 2011-06-01 | Transcript received, (58 pages) | |
| 2011-05-11 | Judgment reserved OR rendered with reasons to follow | |
| 2011-05-11 |
Hearing of the appeal, 2011-05-11, LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-05-11 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-05-11 | Appellant's condensed book, Filed in Court | Norman Martin Campbell |
| 2011-05-04 | Notice of appearance, Susan Ficek will appear | Her Majesty the Queen |
| 2011-05-03 | Notice of appearance, Frank Addario and Colleen Bauman will be appearing | Criminal Lawyers Association (Ontario) |
| 2011-05-03 | Correspondence received from, Burke-Robertson by email, re.: request for 1 reserved seat at the hearing | Her Majesty the Queen |
| 2011-05-02 |
Order by, Cha, FURTHER TO THE ORDER dated March 16, 2011, granting leave to intervene to the Criminal Lawyers Association (Ontario); IT IS HEREBY FURTHER ORDERED THAT the intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-04-29 | Notice of appearance, Dirk Derstine and Mariya Yakusheva will be present at the hearing. | Norman Martin Campbell |
| 2011-04-28 | Intervener's book of authorities, Completed on: 2011-04-28 | Criminal Lawyers Association (Ontario) |
| 2011-04-28 | Intervener's factum, Completed on: 2011-04-28 | Criminal Lawyers Association (Ontario) |
| 2011-03-21 | Respondent's book of authorities, (DO NOT MICROFILM) New Autnhorities and CD rec'd April 1, 2011, Completed on: 2011-04-01 | Her Majesty the Queen |
| 2011-03-21 | Respondent's record, Completed on: 2011-03-21 | Her Majesty the Queen |
| 2011-03-21 | Respondent's factum, Completed on: 2011-03-21 | Her Majesty the Queen |
| 2011-03-21 | Appeal perfected for hearing | |
| 2011-03-16 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2011-03-16 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the Criminal Lawyers Association (Ontario) for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Criminal Lawyers Association (Ontario) is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before April 28, 2011. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention Granted |
|
| 2011-03-16 | Submission of motion for leave to intervene, Cha | |
| 2011-03-15 | Notice of hearing sent to parties | |
| 2011-03-09 |
Appeal hearing scheduled, 2011-05-11, (start time 9:30am) Judgment reserved |
|
| 2011-02-28 | Response to the motion for leave to intervene, (Letter Form), from Susan Ficek dated Feb. 28/11, Completed on: 2011-02-28 | Her Majesty the Queen |
| 2011-02-23 | Response to the motion for leave to intervene, (Letter Form), from Patricia J. Wilson dated feb. 23/11, Completed on: 2011-02-23 | Norman Martin Campbell |
| 2011-02-22 | Motion for leave to intervene, (bookform) (Amended notice of motion with extension of time rec'd March 9/11), Completed on: 2011-03-09 | Criminal Lawyers Association (Ontario) |
| 2011-01-24 | Appellant's book of authorities, Completed on: 2011-01-24 | Norman Martin Campbell |
| 2011-01-24 | Appellant's record, (4 volumes), Completed on: 2011-01-24 | Norman Martin Campbell |
| 2011-01-24 | Appellant's factum, Completed on: 2011-01-24 | Norman Martin Campbell |
| 2010-11-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-10-13 | Notice of appeal, (CD rec'd with service Oct. 14/10) (C/A Order missing - rec'd by e-mail Nov. 2/10), Completed on: 2010-11-02 | Norman Martin Campbell |
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 |
|---|---|---|
| Campbell, Norman Martin | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers Association (Ontario) | Intervener | Active |
Counsel
Party: Campbell, Norman Martin
Counsel
Mariya Yakusheva
302 - 559 College Street
Toronto, Ontario
M6G 1A9
Telephone: (416) 304-1414
FAX: (416) 304-1345
Email: derstine@derstinepenman.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Her Majesty the Queen
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4583
FAX: (416) 326-4656
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Criminal Lawyers Association (Ontario)
Counsel
Colleen Bauman
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6446
FAX: (416) 591-7333
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Summary
Keywords
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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.
Charter of Rights - Criminal law - Search and Seizure - Remedy - Exclusion of evidence - Reasonable expectation of privacy - Rooming house - Whether the search warrant was unconstitutional - Whether the evidence should have been excluded Canadian Charter of Rights and Freedoms, ss. 8 and 24(2).
In the course of a murder investigation, the police obtained a search warrant and conducted a search of the rooming house in which the appellant rented a room. During the search, they found a sawed off shotgun and ammunition in the appellant’s room. The appellant was charged with possession of a sawed off shotgun and ammunition while under weapons prohibitions and while on probation with conditions not to possess weapons. At trial the appellant brought a Charter application to exclude the evidence on the basis that his right to be secure from unreasonable search and seizure had been infringed. He was acquitted of all charges. The majority of the Court of Appeal allowed the appeal, set aside the acquittals and ordered a new trial. Doherty J.A. agreed with the majority that the trial judge misapprehended the evidence when she described the appellant’s criminal record as “unrelated”, and that she failed to consider the entirety of the sworn information to obtain the search warrant in reaching her conclusion that it was “intentionally confusing”. However, he would have dismissed the appeal on the basis that the trial judge’s errors did not, in and of themselves, entitle the Crown to a new trial.
Lower court rulings
Ontario Superior Court of Justice
C-49978, [2009] O.J. No. 4772
The defence application is granted.
Court of Appeal for Ontario
C49978, 2010 ONCA 588
See file / Voir dossier
Memorandums of argument on application for leave to appeal
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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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