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.
35411
Andy Koczab v. Her Majesty the Queen
(Manitoba) (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) |
|---|---|---|
| 2014-03-03 | Record returned to the Registrar of the Court of Appeal | |
| 2014-02-07 | Appeal closed | |
| 2014-02-05 | Transcript received, 48 pages | |
| 2014-01-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-01-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-01-22 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo, The appeal from the judgment of the Court of Appeal of Manitoba, Number AR 11-30-07572, 2013 MBCA 43, dated May 30, 2013, was heard on January 22, 2014, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — The appeal is allowed for the reasons of Monnin J.A., dissenting in the Court of Appeal. Allowed |
|
| 2014-01-22 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Andy Koczab |
| 2014-01-22 |
Hearing of the appeal, 2014-01-22, CJ Abe Ro Cro Mo Judgment rendered |
|
| 2014-01-14 | Notice of appearance, Sheldon Pinx and Katherine Smith will be present at the hearing. | Andy Koczab |
| 2013-12-27 | Notice of appearance, Kevin Wilson and Janna Hyman will be present at the hearing. | Her Majesty the Queen |
| 2013-11-22 | Notice of hearing sent to parties | |
| 2013-11-19 |
Appeal hearing scheduled, 2014-01-22, (previously tentatively scheduled for January 15 and February 12, 2014) Judgment rendered |
|
| 2013-10-31 | Appeal perfected for hearing | |
| 2013-10-29 | Respondent's book of authorities, Completed on: 2013-10-29 | Her Majesty the Queen |
| 2013-10-29 | Respondent's factum, Completed on: 2013-10-29 | Her Majesty the Queen |
| 2013-10-22 | Correspondence received from, François Lacasse by fax, re: hearing date | Her Majesty the Queen |
| 2013-10-21 | Correspondence received from, Sheldon Pinx, Q.C. by fax, re: requests alternative hearing date | Andy Koczab |
| 2013-09-30 | Correspondence received from, Ana Friesen, Exhibit Control Officer, letter dated 2013-09-30, re.: Court of Queen's Bench file CR 08-01-29085 and exhibits. | Andy Koczab |
| 2013-09-30 | Appeal court record, (Book Form) | |
| 2013-09-04 | Appellant's book of authorities, (Book Form), Completed on: 2013-09-04 | Andy Koczab |
| 2013-09-04 | Appellant's record, (Book Form), Volumes 1-2, Completed on: 2013-09-04 | Andy Koczab |
| 2013-09-04 | Appellant's factum, (Book Form), Completed on: 2013-09-04 | Andy Koczab |
| 2013-08-13 | Correspondence received from, (by email) Anne Gorman dated Aug 12/13 re: change of counsel | Her Majesty the Queen |
| 2013-07-11 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2013-06-12 | Notice of appeal, Completed on: 2013-06-12 | Andy Koczab |
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 |
|---|---|---|
| Koczab, Andy | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Koczab, Andy
Counsel
Katherine E. Smith
1404 - 155 Carlton Street
Winnipeg, Manitoba
R3C 3H8
Telephone: (204) 949-1700
FAX: (204) 949-3747
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
Janna Hyman
P.O. Box 36, Exchange Tower
3400 - 130 King St. W.
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-0026
FAX: (416) 973-8253
Email: kevin.wilson@justice.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.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.
Charter of rights - Criminal law - Psychological detention - Exclusion of evidence - Whether majority of Court of Appeal erred by reversing trial judge’s findings that appellant was psychologically detained and that his s. 10 Charter rights were violated - Whether majority of Court of Appeal erred by reversing trial judge’s finding that evidence should be excluded - Canadian Charter of Rights and Freedoms, ss. 10 and 24(2).
The appellant was acquitted of one count of trafficking cocaine and one count of possession for the purpose of trafficking cocaine. The drugs were discovered in a hidden compartment in the appellant’s vehicle after he was pulled over for speeding. The trial judge found that the appellant’s s. 10 Charter rights had been violated because while he was psychologically detained, the officer asked him several questions which he answered without having been advised of the reasons for his detention or his right to counsel. Following a s. 24(2) Charter analysis, the evidence was excluded and the appellant was acquitted. A majority of the Court of Appeal allowed the Crown’s appeal and ordered a new trial. In its view, the trial judge improperly focussed on the officer’s non-communicated intent to support his Charter detention ruling, and he failed to correctly apply the detainee-centered objective analysis. Monnin J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Court of Appeal of Manitoba
2013 MBCA 43, AR 11-30-07572
Appeal allowed; new trial ordered
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.
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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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