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.
34349
Brendan David Aucoin v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 2014-04-16 | Appeal closed | |
| 2012-12-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-12-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-11-30 |
Judgment on the appeal rendered, LeB De F Abe Ro Mo Ka, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 336128, 2011 NSCA 64, dated July 13, 2011, heard on May 16, 2012, is dismissed, LeBel and Fish JJ. dissenting. Dismissed |
|
| 2012-06-01 | Transcript received, (57 pages) | |
| 2012-05-16 | Judgment reserved OR rendered with reasons to follow | |
| 2012-05-16 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2012-05-16 | Appellant's condensed book, Submitted in Court (14 copies) | Brendan David Aucoin |
| 2012-05-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2012-05-16 |
Hearing of the appeal, 2012-05-16, LeB De F Abe Ro Mo Ka Judgment reserved |
|
| 2012-05-03 | Notice of appearance, Jennifer Woollcombe and Emile Carrington will be present at the hearing. | Attorney General of Ontario |
| 2012-05-03 | Notice of appearance, David Schermbrucker and James Martin will be present at the hearing. | Her Majesty the Queen |
| 2012-05-02 | Notice of appearance, Roger Burrill and Brian Vardigans will be present at the hearing. | Brendan David Aucoin |
| 2012-03-09 | Notice of hearing sent to parties | |
| 2012-03-09 |
Appeal hearing scheduled, 2012-05-16 Judgment reserved |
|
| 2012-02-23 | Response to motion to extend time, (Letter Form), Consent from Marie-France Major, by email, Completed on: 2012-02-23 | Brendan David Aucoin |
| 2012-02-16 | Response to motion to extend time, (Letter Form), Consent by email from François Lacasse, Completed on: 2012-02-16 | Her Majesty the Queen |
| 2012-02-16 |
Order by, De, FURTHER TO THE ORDER dated December 1, 2011, granting leave to intervene to the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2012-02-15 | Discontinuance of motion to extend time, (entered for administrative purpose) | Attorney General of Ontario |
| 2012-02-15 | Motion to extend time, to serve and file factum and book of authorities to Feb.15/12 and to present oral argument at hearing - no need to process, Completed on: 2012-02-15 | Attorney General of Ontario |
| 2012-02-15 | Intervener's book of authorities, Completed on: 2012-02-15 | Attorney General of Ontario |
| 2012-02-15 | Intervener's factum, Completed on: 2012-02-15 | Attorney General of Ontario |
| 2012-01-23 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-01-06 | Correspondence received from, Marie-France Major dated January 6, 2012. Re: Agent has changed law firm | Brendan David Aucoin |
| 2011-12-02 | Appeal perfected for hearing | |
| 2011-12-01 | Respondent's book of authorities, Completed on: 2011-12-01 | Her Majesty the Queen |
| 2011-12-01 | Respondent's factum, Completed on: 2011-12-01 | Her Majesty the Queen |
| 2011-12-01 | Letter sent to Intervener(s) | |
| 2011-12-01 | Order on motion for leave to intervene, (BY DESCHAMPS J.) | |
| 2011-12-01 |
Decision on the motion for leave to intervene, De, UPON APPLICATIONS by the Attorney General of Ontario and the Attorney General of Alberta for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Attorney General of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. 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. The motion for leave to intervene by the Attorney General of Alberta is dismissed. Allowed in part |
|
| 2011-12-01 | Submission of motion for leave to intervene, De | |
| 2011-11-10 | Response to the motion for leave to intervene, email from François Lacasse dated Nov. 10/11, Completed on: 2011-11-10 | Her Majesty the Queen |
| 2011-11-07 | Response to the motion for leave to intervene, (Letter Form), from Marie-France Major dated Nov. 7/11, Completed on: 2011-11-09 | Brendan David Aucoin |
| 2011-11-04 | Motion for leave to intervene, Completed on: 2011-11-04 | Attorney General of Ontario |
| 2011-11-03 | Motion for leave to intervene, Completed on: 2011-11-03 | Attorney General of Alberta |
| 2011-10-28 | Correspondence received, James C. Martin by fax, re.: Available hearing dates | |
| 2011-10-07 | Appellant's book of authorities, Completed on: 2011-10-07 | Brendan David Aucoin |
| 2011-10-07 | Appellant's record, (3 volumes), Completed on: 2011-10-07 | Brendan David Aucoin |
| 2011-10-07 | Appellant's factum, Completed on: 2011-10-07 | Brendan David Aucoin |
| 2011-07-15 | Notice of appeal, Completed on: 2011-07-15 | Brendan David Aucoin |
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 |
|---|---|---|
| Aucoin, Brendan David | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Aucoin, Brendan David
Counsel
Brian Vardigans
400 - 5475 Spring Garden Road
Halifax, Nova Scotia
B3J 3T2
Telephone: (902) 420-6580
FAX: (902) 420-1260
Email: roger.burrill@nslegalaid.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
James C. Martin
Suite 1100, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-2285
FAX: (902) 426-1351
Email: david.schermbrucker@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Attorney General of Ontario
Counsel
Emile Carrington
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4604
FAX: (416) 326-4656
Email: jennifer.woollcombe@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
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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 Whether there were lawful grounds to detain the appellant in the back seat of the police car If so, whether there were lawful grounds to search the appellant prior to placing him in the back seat of the police car If so, whether the search of the appellant was reasonably carried out Canadian Charter of Rights and Freedoms, s. 8.
The appellant was convicted of possession of cocaine for the purposes of trafficking. He appealed his conviction and the two year sentence imposed by the trial judge. Among the issues raised on appeal was whether the police officer breached the appellant’s s. 8 Charter rights when he did a pat down search of the appellant prior to placing him in the back seat of the police car so that he could write him a ticket for a motor vehicle infraction while sitting in the front seat. The majority of the Court of Appeal dismissed the appeal. Beveridge J.A., dissenting, would have allowed the appeal on the basis that the appellant’s s. 8 Charter rights had been infringed. He concluded that the police officer had no lawful authority to search the appellant, and therefore concluded that the search that led to the discovery of the cocaine was illegal. He would have excluded the evidence and entered an acquittal.
Lower court rulings
Nova Scotia Court of Appeal
CAC 336128, 2011 NSCA 64
See file
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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