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34644

Matthew David Spencer v. Her Majesty the Queen

(Saskatchewan) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2014-11-06 Appeal closed
2014-11-06 Order on motion to extend time, (by CHIEF JUSTICE MCLACHLIN AND JUSTICE LEBEL, ABELLA, ROTHSTEIN, CROMWELL, MOLDAVER, KARAKATSANIS AND WAGNER)
2014-11-06 Decision on motion to extend time, (addressed in the order on the motion for re-hearing scheduled November 6, 2014), CJ LeB Abe Ro Cro Mo Ka Wa
2014-11-06 Submission of motion to extend time, CJ LeB Abe Ro Cro Mo Ka Wa
2014-11-06 Decision on the motion for a re-hearing of the appeal, CJ LeB Abe Ro Cro Mo Ka Wa, UPON APPLICATION by the appellant for an Order amending paragraph 12 of this Court’s judgment that was rendered on June 13, 2014 and a re-hearing on the issue of remedy;
AND UPON APPLICATION by the appellant for a motion for an extension of time to serve and file a reply to the response to the motion for amendment and for a re-hearing;
AND THE MATERIALS FILED having been read;
IT IS HEREBY ORDERED THAT:
1. The motion to extend the time to serve and file a reply to the response to the motion for amendment and for a re-hearing is dismissed;
2. The motion to amend the reasons is granted. The third sentence of paragraph 12 is changed to: “The search of Mr. Spencer’s computer revealed about 50 child pornography images and two child pornography videos.”; and
3. The motion for a re-hearing is dismissed.
Allowed in part
2014-11-06 All material on motion for a re-hearing of the appeal submitted to Justices, CJ LeB Abe Ro Cro Mo Ka Wa
2014-10-06 Reply to motion to extend time, (Letter Form), (proof of service missing), Completed on: 2014-10-08, (Electronic version filed on 2014-10-06) Matthew David Spencer
2014-09-26 Response to motion to extend time, (Book Form), Completed on: 2014-10-01 Her Majesty the Queen
2014-09-24 Reply to the response to the motion for a re-hearing of the appeal Matthew David Spencer
2014-09-24 Motion to extend time, (Letter Form), to file a reply for the appellant's motion for a re-hearing of the appeal. , Completed on: 2014-10-01, (Electronic version filed on 2014-10-02) Matthew David Spencer
2014-09-24 Correspondence received from, (Letter Form), appellant advises that he moved residence, (Electronic version filed on 2014-10-08) Matthew David Spencer
2014-08-25 Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2014-08-27, (Electronic version filed on 2014-08-25) Her Majesty the Queen
2014-08-20 Notice of withdrawal, (Letter Form), Counsel and agent have withdrawn as the appellant's representative., (Electronic version filed on 2014-08-20) Matthew David Spencer
2014-08-13 Motion for a re-hearing of the appeal, (Letter Form), and to amend the Court's judgement., Completed on: 2014-08-13, (Electronic version filed on 2014-08-20) Matthew David Spencer
2014-06-16 Formal judgment sent to the registrar of the court of appeal and all parties
2014-06-16 Judgment on appeal and notice of deposit of judgment sent to all parties
2014-06-13 Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers 1857-CR and 1862-CR, 2011 SKCA 144, dated November 25, 2011, heard on December 9, 2013, is dismissed.
Dismissed
2014-01-29 Correspondence received from, Ms. Daviau rec'd by faxil 2014/01/29 re: change of address for the law firm of Kapoor Barristers Canadian Civil Liberties Association
2013-12-30 Transcript received, (146 pages)
2013-12-09 Intervener's condensed book, (one page outline, filed in Court) Privacy Commissioner of Canada
2013-12-09 Judgment reserved OR rendered with reasons to follow
2013-12-09 Hearing of the appeal, 2013-12-09, CJ LeB Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-12-09 Acknowledgement and consent for video taping of proceedings, All parties consented
2013-12-09 Respondent's condensed book, (Book Form), Filed in Court Her Majesty the Queen
2013-12-09 Appellant's condensed book, (Book Form), Filed in Court Matthew David Spencer
2013-12-05 Correspondence received from, Daniel Caron re: will be referring to two decision of the Court in his submission (sent to the Court 2013/12/06) Privacy Commissioner of Canada
2013-12-04 Correspondence received from, Anthony B. Gerein re: advising the Court that he will be refering to the decision of the Court in R. v. Vu in is arguments and a copy of the decision will be in his condensed book. (sent to the Court 2013/12/06) Her Majesty the Queen
2013-12-04 Correspondence received from, Jonathan Dawe re: order in which the intervener wishes to appear. Criminal Lawyers' Association of Ontario
2013-11-21 Notice of appearance, Mahmud Jamal, Patricia Kosseim, Daniel Caron and Sarah Speevak will be appearing and Mr. Jamal will make oral submissions Privacy Commissioner of Canada
2013-11-19 Notice of appearance, Jonathan Dawe and Jill R. Presser will be present Criminal Lawyers' Association of Ontario
2013-11-14 Notice of appearance, Jolaine Antonio will be present at the hearing. Attorney General of Alberta
2013-11-14 Notice of appearance, Anthony Gerein will be present at the hearing. Her Majesty the Queen
2013-11-14 Notice of appearance, Anil K. Kapoor and Lindsay L. Daviau will be appearing and Mr. Kapoor will be presenting the oral argument. Canadian Civil Liberties Association
2013-11-13 Notice of appearance, Susan Magotiaux and Allison Dellandrea will be appearing and Ms. Magotiaux will make oral submission Attorney General of Ontario
2013-11-13 Notice of appearance, Ronald Reimer and David Schermbrucker will be present at the hearing. Director of Public Prosecutions
2013-11-13 Notice of appearance, Aaron A. Fox, Q.C. and Darren Kraushaar will be present at the hearing. Mr. Fox will present oral submissions. Matthew David Spencer
2013-09-27 Order by, Ka, FURTHER TO THE ORDERS dated June 28, 2013 and August 2, 2013, granting leave to intervene to the Privacy Commissioner of Canada, the Director of Public Prosecutions, the Attorney General of Ontario, the Attorney General of Alberta, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario;
IT IS HEREBY FURTHER ORDERED THAT the said six interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal
Granted
2013-09-27 Intervener's book of authorities, Completed on: 2013-09-27 Canadian Civil Liberties Association
2013-09-27 Intervener's factum, Completed on: 2013-09-27 Canadian Civil Liberties Association
2013-09-26 Intervener's book of authorities, Completed on: 2013-09-26 Attorney General of Alberta
2013-09-26 Intervener's factum, Completed on: 2013-09-26 Attorney General of Alberta
2013-09-26 Intervener's book of authorities, Completed on: 2013-09-26 Director of Public Prosecutions
2013-09-26 Intervener's factum, Completed on: 2013-09-26 Director of Public Prosecutions
2013-09-26 Intervener's book of authorities, Completed on: 2013-09-26 Criminal Lawyers' Association of Ontario
2013-09-26 Intervener's factum, Completed on: 2013-09-26 Criminal Lawyers' Association of Ontario
2013-09-26 Intervener's book of authorities, Completed on: 2013-09-26 Attorney General of Ontario
2013-09-26 Intervener's factum, Completed on: 2013-09-26 Attorney General of Ontario
2013-09-24 Correspondence received from, Mr. Anil K. Kapoor will assume carriage of this matter. Canadian Civil Liberties Association
2013-09-09 Notice of hearing sent to parties
2013-08-23 Intervener's book of authorities, (Book Form), 2 volumes, Completed on: 2013-08-23 Privacy Commissioner of Canada
2013-08-23 Intervener's factum, (Book Form), Completed on: 2013-08-27 Privacy Commissioner of Canada
2013-08-21 Appeal hearing scheduled, 2013-12-09
Judgment reserved
2013-08-02 Order by, Ka, FURTHER TO THE ORDER dated June 28, 2013, requesting further submissions addressing Rule 57(2)(b) of the Rules of the Supreme Court of Canada from the moving parties, the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association Canada and the Criminal Lawyers’ Association of Ontario, seeking for leave to intervene in the above appeal
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before September 27, 2013.
The request to present oral argument is 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
2013-07-19 Supplemental document, email from Jeffrey W. Beedell dated July 19/13 in response to the further submissions filed further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-19 Matthew David Spencer
2013-07-18 Supplemental document, (Letter Form), from Gowlings in response to the further submissions filed further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-18 Her Majesty the Queen
2013-07-12 Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Jolaine Antonio dated July 12/13, Completed on: 2013-07-12 Attorney General of Alberta
2013-07-12 Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Allison Dellandrea dated July 12/13, Completed on: 2013-07-12 Attorney General of Ontario
2013-07-12 Supplemental document, (Book Form), further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-12 Canadian Civil Liberties Association
2013-07-11 Supplemental document, (Book Form), further to the order of Karakatsanis J. of June 28/13, Completed on: 2013-07-11 Criminal Lawyers' Association of Ontario
2013-07-11 Supplemental document, further to the order of Karakatsanis J. of June 28/13 in form of a letter from Ron Reimer dated July 11/13, Completed on: 2013-07-11 Director of Public Prosecutions
2013-07-10 Appeal perfected for hearing
2013-07-08 Respondent's book of authorities, Completed on: 2013-07-08 Her Majesty the Queen
2013-07-08 Respondent's record, Completed on: 2013-07-08 Her Majesty the Queen
2013-07-08 Respondent's factum, Completed on: 2013-07-08 Her Majesty the Queen
2013-06-28 Order on motion for leave to intervene, (BY KARAKATSANIS J.)
2013-06-28 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Criminal Lawyers’ Association of Ontario, the Canadian Civil Liberties Association and the Privacy Commissioner of Canada 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 of the Privacy Commissioner of Canada 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 August 23, 2013.
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 is 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention.
IT IS HEREBY FURTHER ORDERED THAT:
1. The motions for leave to intervene of the Attorney General of Ontario, the Attorney General of Alberta, the Director of Public Prosecutions, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association of Ontario are deferred for fourteen days pending the serving and filing of further submissions from the moving parties addressing Rule 57(2)(b) of the Rules of the Supreme Court of Canada;
2. Any responses to the above-referenced submissions must be served and filed on or before July 19, 2013;
3. Any replies to the responses must be served and filed on or before July 23, 2013.
Granted
2013-06-28 Submission of motion for leave to intervene, Ka
2013-06-20 Response to the motion for leave to intervene, (Letter Form), from Gowling Lafleur Henderson dated June 20/13, Completed on: 2013-06-20 Her Majesty the Queen
2013-06-17 Response to the motion for leave to intervene, (Letter Form), from Aaron A. Fox, Q.C., dated June 13/13 re: response to all motions for intervention, Completed on: 2013-06-17 Matthew David Spencer
2013-06-13 Motion for leave to intervene, (Book Form), Completed on: 2013-06-13 Privacy Commissioner of Canada
2013-06-13 Motion for leave to intervene, (Book Form), Completed on: 2013-06-13 Canadian Civil Liberties Association
2013-06-12 Motion for leave to intervene, Completed on: 2013-06-12 Criminal Lawyers' Association of Ontario
2013-06-12 Motion for leave to intervene, Completed on: 2013-06-12 Attorney General of Ontario
2013-06-12 Motion for leave to intervene, Completed on: 2013-06-12 Director of Public Prosecutions
2013-06-10 Response to the motion for leave to intervene, email from Gowling dated June 10/13, Completed on: 2013-06-10 Her Majesty the Queen
2013-06-07 Motion for leave to intervene, Completed on: 2013-06-07 Attorney General of Alberta
2013-05-16 Appellant's book of authorities, Completed on: 2013-05-16 Matthew David Spencer
2013-05-16 Appellant's record, Completed on: 2013-05-16 Matthew David Spencer
2013-05-16 Appellant's factum, Completed on: 2013-05-16 Matthew David Spencer
2013-03-01 Correspondence received from, Aaron Fox dated February 28, 2013. Re: Jeffrey Beedell of McMillan LLP will be acting as agent. Matthew David Spencer
2013-02-27 Correspondence received from, Aaron A. Fox dated Feb 27/13 re: will be representing the appellant Matthew David Spencer
2013-02-22 Notice of appeal, Completed on: 2013-02-22 Matthew David Spencer
2013-02-18 Correspondence (sent by the Court) to, Matthew David Spencer, re: self- rep questionnaire
2013-02-18 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2013-01-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2013-01-25 Judgment on leave sent to the parties
2013-01-24 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 motion to appoint counsel is dismissed without prejudice to the right of the applicant to reapply for the appointment of counsel after leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Saskatchewan, Numbers 1857-CR and 1862-CR, 2011 SKCA 144, dated November 25, 2011, is granted without costs, but only on the issues with respect to s. 8 of the Charter and mens rea.
Granted, without costs
2013-01-24 Decision on the motion to appoint counsel, See judgment
Dismissed
2013-01-24 Decision on motion to extend time to file and /or serve the leave application, See judgment
Granted
2012-06-04 All materials on application for leave submitted to the Judges, LeB Abe Cro
2012-06-04 Submission of motion to appoint counsel, LeB Abe Cro
2012-06-04 Submission of motion to extend time to file and/ or serve the leave application, LeB Abe Cro
2012-04-19 Correspondence received from, Tom Irvine dated Apr. 18/12 re motion to appoint Her Majesty the Queen
2012-04-16 Motion to appoint counsel, namely Aaron Fox, Q.C., Completed on: 2012-04-16 Matthew David Spencer
2012-03-14 Applicant's reply to respondent's argument, Completed on: 2012-03-14 Matthew David Spencer
2012-03-02 Book of authorities Her Majesty the Queen
2012-03-02 Respondent's response on the application for leave to appeal, Completed on: 2012-03-02 Her Majesty the Queen
2012-02-07 Letter acknowledging receipt of an incomplete application for leave to appeal
2012-01-31 Correspondence (sent by the Court) to, Acknowledgment letter
2012-01-31 Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2012-01-31 Matthew David Spencer
2012-01-31 Application for leave to appeal, C/A order missing - Rec'd on February 15, 2012, Completed on: 2012-02-15 Matthew David Spencer

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

Main parties - Appellants
Name Role Status
Spencer, Matthew David Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Director of Public Prosecutions Intervener Active
Attorney General of Ontario Intervener Active
Attorney General of Alberta Intervener Active
Privacy Commissioner of Canada Intervener Active
Canadian Civil Liberties Association Intervener Active
Criminal Lawyers' Association of Ontario Intervener Active

Counsel

Party: Spencer, Matthew David

Counsel
Aaron A. Fox, Q.C.
Darren K. Kraushaar
McDougall Gauley LLP
1500 - 1881 Scarth Street
Suite 1500
Regina, Saskatchewan
S4P 4K9
Telephone: (306) 757-1641
FAX: (306) 359-0785
Email: afox@mcdougallgauley.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca

Party: Her Majesty the Queen

Counsel
Anthony B. Gerein
Attorney General for Saskatchewan
1874 Scarth Street, 3rd Floor
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: tony.gerein@gov.sk.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of Alberta

Counsel
Jolaine Antonio
Attorney General of Alberta
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 592-4902
FAX: (403) 297-3453
Email: jolaine.antonio@gov.ab.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Director of Public Prosecutions

Counsel
Ronald C. Reimer
David Schermbrucker
Public Prosecution Service of Canada
700 EPCOR Tower 10423, 101st Street
Edmonton, Alberta
T4H 0E7
Telephone: (780) 495-4079
FAX: (780) 495-6940
Email: ron.reimer@ppsc-sppc.gc.ca
Agent
François Lacasse
Directeur des poursuites pénales du Canada
160, rue Elgin
12ième étage
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
Susan Magotiaux
Allison Dellandrea
Attorney General of Ontario
Crown Law Office, Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-5238
FAX: (416) 326-4656
Email: susan.magotiaux@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Canadian Civil Liberties Association

Counsel
Anil K. Kapoor
Lindsay L. Daviau
Kapoor Barristers
235 King Street East
2nd Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
Agent
Lawrence Greenspon
Greenspon, Brown & Associates
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com

Party: Criminal Lawyers' Association of Ontario

Counsel
Jill R. Presser
Jonathan Dawe
Schreck Presser LLP
5th Flr., 6 Adelaide St. E.
Toronto, Ontario
M5C 1H6
Telephone: (416) 977-6268
FAX: (416) 977-8513
Email: presser@schreckpresser.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Privacy Commissioner of Canada

Counsel
Mahmud Jamal
Patricia Kosseim
Daniel Caron
Sarah Speevak
Osler, Hoskin & Harcourt LLP
1000 de la Gauchetière Street West
Suite 2100
Montréal, Quebec
H3B 4W5
Telephone: (514) 904-8100
FAX: (514) 904-8101
Email: mjamal@osler.com
Agent
Daniel Caron
Office of the Privacy Commissioner of Canada
30 Victoria Street - 1st Floor
Gatineau, Quebec
K1A 1H3
Telephone: (819) 994-5916
FAX: (819) 994-5863
Email: daniel.caron@priv.gc.ca

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.

Canadian Charter of Rights and Freedoms – Search and seizure – Whether s. 8 of the Charter was violated – Offences – Elements of offence – Mens rea of offence of making child pornography available – Whether Court of Appeal erred in law by overturning acquittal on count of making child pornography available

The applicant downloaded child pornography from the internet using a peer-to-peer file-sharing software program that connects users over the internet. The applicant stored child pornography in his shared folder and did not override the software’s default settings that made his shared folder accessible to other users from which they could obtain downloads of his files. A police officer searched his folder and discovered the pornographic files. The officer could not identify the owner of the folder but did determine that the Internet Protocol address being used by the owner of the folder had been assigned by Shaw Communications. The police wrote to Shaw and requested information identifying the assignee at the relevant time. Shaw identified the respondent’s sister. The police obtained a warrant and searched her residence, where they seized the respondent’s computer. The applicant was charged with possession of child pornography and making child pornography available.

Lower court rulings

August 31, 2009
Court of Queen’s Bench of Saskatchewan

Q.B.J. No.21/08, 2009 SKQB 341

Application to exclude evidence pursuant to the Charter dismissed

Conviction on count of possession of child pornography; acquittal on count of making child pornography available
November 25, 2011
Court of Appeal for Saskatchewan

1857-CR, 1862-CR, 2011 SKCA 144

Appeal by applicant from conviction dismissed; Appeal by Crown from acquittal allowed, new trial ordered on count of making child pornography available

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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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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Date modified: 2025-02-27