Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34252
Telus Communications Company v. Her Majesty the Queen
(Ontario) (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) |
|---|---|---|
| 2013-04-04 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-04-04 | Appeal closed | |
| 2013-03-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-03-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-03-27 |
Judgment on the appeal rendered, CJ LeB F Abe Cro Mo Ka, The appeal from the judgment of the Ontario Superior Court of Justice, Number CR 10-152-00MO, 2011 ONSC 1143, dated March 4, 2011, heard on October 15, 2012, is allowed and the general warrant and related assistance order are quashed. McLachlin C.J. and Cromwell J. are dissenting. Allowed |
|
| 2012-10-26 | Transcript received, (112 pages) | |
| 2012-10-15 | Judgment reserved OR rendered with reasons to follow | |
| 2012-10-15 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2012-10-15 | Appellant's condensed book, Submitted in Court (14 copies) | Telus Communications Company |
| 2012-10-15 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2012-10-15 |
Hearing of the appeal, 2012-10-15, CJ LeB F Abe Cro Mo Ka Judgment reserved |
|
| 2012-10-12 | Correspondence received from, Patricia Wilson dated October 12, 2012. Re: Word missing in the factum | Canadian Civil Liberties Association |
| 2012-10-10 | Correspondence received from, 3 reserved seats requested | Her Majesty the Queen |
| 2012-10-10 | Correspondence received from, 2 reserved seats requested | Telus Communications Company |
| 2012-10-10 | Notice of appearance, Scott Hutchison, Michael Sobkin and Fredrick Schumann will be present at the hearing. | Telus Communications Company |
| 2012-10-05 | Correspondence (sent by the Court) to, T. Israel (cc. all parties); familiarize with guidelines | |
| 2012-10-05 |
Decision on miscellaneous motion, Reg, UPON APPLICATION by the intervener, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, for an order accepting its factum as filed, namely, prepared in a manner that does not comply with the printing requirements set out in the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada (Print and Electronic); AND THE MATERIAL FILED having been read; IT IS HEREBY FURTHER ORDERED THAT: The motion is granted. Granted, no order as to costs |
|
| 2012-10-05 | Submission of miscellaneous motion, Reg | |
| 2012-10-03 | Notice of appearance, Lisa Mathews and Croft Michaelson will be present at the hearing. | Her Majesty the Queen |
| 2012-10-02 | Notice of appearance, Michal Fairburn will be present at the hearing. | Attorney General of Ontario |
| 2012-10-02 | Notice of appearance, Wendy Matheson and Rebecca Wise will be present at the hearing. | Canadian Civil Liberties Association |
| 2012-10-01 |
Decision on motion to extend time, (see order on oral argument), Ro Allowed in part, no order as to costs |
|
| 2012-10-01 | Submission of motion to extend time, Ro | |
| 2012-10-01 |
Order by, Ro, FURTHER TO THE ORDER dated July 12, 2012, granting leave to intervene to the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Attorney General of Ontario and the Canadian Civil Liberties Association; AND UPON APPLICATION by the intervener, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, for an order extending the time to serve and file its factum to September 17, 2012; IT IS HEREBY FURTHER ORDERED THAT : 1) The interveners Attorney General of Ontario and Canadian Civil Liberties Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. 2) The motion for an extension of time to serve and file the factum of the intervener, Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic to September 17, 2012, is granted. The said intervener shall not be permitted to present oral argument at the hearing of the appeal. Allowed in part, no order as to costs |
|
| 2012-09-28 | Response to miscellaneous motion, (Letter Form), (from Croft Michaelson, dated Sept. 28/12), Completed on: 2012-10-02 | Her Majesty the Queen |
| 2012-09-27 | Notice of miscellaneous motion, (Letter Form), to accept the factum as filed, Completed on: 2012-09-27 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-09-26 | Reply to motion to extend time, (Letter Form), Completed on: 2012-09-26 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-09-26 | Response to motion to extend time, (Letter Form), Completed on: 2012-09-26 | Telus Communications Company |
| 2012-09-21 | Response to motion to extend time, (Letter Form), Completed on: 2012-09-21 | Her Majesty the Queen |
| 2012-09-17 | Intervener's book of authorities, Completed on: 2012-09-17 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-09-17 | Intervener's factum, Completed on: 2012-09-17 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-09-17 | Motion to extend time, (Book Form), to serve and file the intervener's factum, Completed on: 2012-09-17 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-09-06 | Intervener's book of authorities, Completed on: 2012-09-06 | Attorney General of Ontario |
| 2012-09-06 | Intervener's factum, Missing service on appellant - Rec'd on September 13, 2012, Completed on: 2012-09-13 | Attorney General of Ontario |
| 2012-09-05 | Intervener's book of authorities, Completed on: 2012-09-05 | Canadian Civil Liberties Association |
| 2012-09-05 | Intervener's factum, Completed on: 2012-09-05 | Canadian Civil Liberties Association |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-10-15 Judgment reserved |
|
| 2012-07-12 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2012-07-12 | Order on motion to extend time, (BY DESCHAMPS J.) (joint with order on interventions) | |
| 2012-07-12 |
Decision on the motion for leave to intervene, De, UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND UPON APPLICATIONS by the Attorney General of Ontario and the Canadian Civil Liberties Association 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 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic 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 September 6, 2012. The motions for leave to intervene of the Attorney General of Ontario and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before September 6, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not 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 interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions Granted |
|
| 2012-07-12 |
Decision on motion to extend time, De, (see judgment on interventions) Granted |
|
| 2012-07-12 | Submission of motion to extend time, De | |
| 2012-07-12 | Submission of motion for leave to intervene, De | |
| 2012-04-25 | Respondent's book of authorities, CD rec'd April 27/12, Completed on: 2012-04-30 | Her Majesty the Queen |
| 2012-04-25 | Respondent's factum, CD rec'd April 27/12, Completed on: 2012-04-30 | Her Majesty the Queen |
| 2012-04-25 | Appeal perfected for hearing | |
| 2012-04-10 | Reply to the motion for leave to intervene, (Letter Form), from Tamir Israel dated Apr. 10/12, Completed on: 2012-04-10 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-04-10 | Reply to the motion for leave to intervene, (Letter Form), from Patricia J. Wilson dated Apr. 10/12, Completed on: 2012-04-10 | Canadian Civil Liberties Association |
| 2012-04-10 | Response to the motion for leave to intervene, (Letter Form), from Croft Michaelson dated Apr. 4/12 (to all interveners), Completed on: 2012-04-10 | Her Majesty the Queen |
| 2012-04-04 | Response to motion to extend time, from Scott C. Hutchison dated Apr. 5/12, Completed on: 2012-04-04 | Her Majesty the Queen |
| 2012-04-04 | Response to the motion for leave to intervene, (Letter Form), from Lisa D. Mathews dated Apr. 4/12 (by Samuelson-Glushko), Completed on: 2012-04-04 | Her Majesty the Queen |
| 2012-03-29 | Motion to extend time, to serve and file the motion for leave to intervene to March 29/12, Completed on: 2012-03-29 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-03-29 | Motion for leave to intervene, (bookform), Completed on: 2012-03-29 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
| 2012-03-27 | Motion for leave to intervene, Completed on: 2012-03-27 | Attorney General of Ontario |
| 2012-03-26 | Motion for leave to intervene, (bookform), Completed on: 2012-03-26 | Canadian Civil Liberties Association |
| 2012-03-26 | Order on motion to extend time, (BY DEPUTY REGISTRAR) | |
| 2012-03-26 |
Decision on motion to extend time, DeRg, UPON APPLICATION by counsel on behalf of the Appellant for an order extending the time within which to serve and file their Factum, Record and Book of Authorities to February 29, 2012; AND THE MATERIAL FILED having been read; IT IS ORDERED THAT: The motion is granted. Granted |
|
| 2012-03-26 | Submission of motion to extend time, DeRg | |
| 2012-03-12 | Motion to extend time, to serve and file the Appellant's Factum, Record and Authorities to Feb.28/12, Completed on: 2012-03-12 | Telus Communications Company |
| 2012-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-02-29 | Appellant's book of authorities, Completed on: 2012-02-29 | Telus Communications Company |
| 2012-02-29 | Appellant's record, Completed on: 2012-02-29 | Telus Communications Company |
| 2012-02-29 | Appellant's factum, Motion for extension of time requested - Rec'd on March 12, 2012, Completed on: 2012-03-13 | Telus Communications Company |
| 2011-11-18 | Notice of appeal, Completed on: 2011-11-18 | Telus Communications Company |
| 2011-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-10-21 | Judgment on leave sent to the parties | |
| 2011-10-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Number CR 10-152-00MO, 2011 ONSC 1143, dated March 4, 2011, is granted without costs. Granted, without costs |
|
| 2011-10-20 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2011-08-08 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-08-08 | Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro | |
| 2011-06-14 | Correspondence received from, Amber Pashuk dated June 14, 2011. Re: Including sealing order. No documents filed are subject to the sealing order. | Her Majesty the Queen |
| 2011-06-13 | Applicant's reply to respondent's argument, Completed on: 2011-06-13 | Telus Communications Company |
| 2011-06-06 | Correspondence received from, Amber Pashuk dated June 6, 2011. Re: None of the material filed by the Applicant is subject to a sealing order. | Her Majesty the Queen |
| 2011-06-03 | Correspondence received from, Amber Pashuk dated June 2, 2011. Re: attempting to locate sealing order. | Her Majesty the Queen |
| 2011-06-02 | Respondent's response on the application for leave to appeal, Completed on: 2011-06-02 | Her Majesty the Queen |
| 2011-05-17 | Response to the motion to extend the time to file and / or serve the leave application, Joint with motion, Completed on: 2011-05-17 | Her Majesty the Queen |
| 2011-05-17 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2011-05-17 | Telus Communications Company |
| 2011-05-11 | Affidavit, From Corinne McNish, Sworn May 3, 2011 | Telus Communications Company |
| 2011-05-05 | Book of authorities | Telus Communications Company |
| 2011-05-05 |
Application for leave to appeal, Extension of time received May 17, 2011. See correspondence received on June 14, 2011 , Completed on: 2011-06-14 |
Telus Communications Company |
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 |
|---|---|---|
| Telus Communications Company | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic | Intervener | Active |
Counsel
Party: Telus Communications Company
Counsel
Scott Hutchison
Brennagh Smith
77 King Street West
Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
FAX: (416) 593-9345
Email: briang@stockwoods.ca
Agent
Unit #2
Gatineau, Quebec
J9H 7K8
Telephone: (819) 778-7794
FAX: (819) 778-1740
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
Tom Andreopoulos
Croft Michaelson
130 King Street West
Suite 3400
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-3749
FAX: (416) 952-2116
Agent
284, rue Wellington
2ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Canadian Civil Liberties Association
Counsel
Rebecca Wise
79 Wellington Street West
Suite 3000
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8133
FAX: (416) 865-7380
Email: wmatheson@torys.com
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
Counsel
Faculty of Law
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca
Party: Attorney General of Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
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.
Criminal Law Pre trial procedure General Warrant and Assistance Orders Whether the court below erred in finding that the general warrant power can be used to seize the content (the substance, meaning or purport) of private text messages from telecommunication service providers Whether the court below erred in finding that in acquiring the substance, meaning and purport of such private communications, the police had not engaged in an “interception” under the Criminal Code.
The appellant seeks to have a General Warrant and Assistance Order quashed. The General Warrant obliges the appellant to produce copies of all text messages sent and received by two of its subscribers over fourteen days and related subscriber information. The appellant routinely creates copies of all text messages that are sent and received by any of its subscribers and it stores these copies in a database, usually for thirty days. The copies are not intended to be transmitted. Nor are they created and stored for a purpose related to transmitting the original text messages. The police did not act pursuant to an authorization to intercept private communications. With the Crown’s consent, the motions judge rescinded part of the General Warrant that required production of text messages sent or received before the date on which the General Warrant was issued. He otherwise upheld the General Warrant.
Lower court rulings
Ontario Superior Court of Justice
CR 10-152-00MO, 2011 ONSC 1143
Application to quash General Warrant and Assistance Order allowed in part, General Warrant partially rescinded
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.
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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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