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.
35822
Ryan Paul Day v. Her Majesty the Queen
(Newfoundland & Labrador) (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) |
|---|---|---|
| 2014-12-24 | Transcript received, (53 pages) | |
| 2014-12-18 | Appeal closed | |
| 2014-12-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-12-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-12-08 |
Judgment on the appeal rendered, CJ Ro Mo Wa Ga, The appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 13/05, 2014 NLCA 14, dated March 11, 2014, was heard on December 8, 2014, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — In spite of the able argument of Mr. Mahoney, we are all of the view to dismiss the appeal for the reasons of Hoegg J.A. Dismissed |
|
| 2014-12-08 |
Hearing of the appeal, 2014-12-08, CJ Ro Mo Wa Ga Judgment rendered |
|
| 2014-12-08 | Respondent's condensed book, (Book Form), 14 copies, submitted in Court | Her Majesty the Queen |
| 2014-12-08 | Appellant's condensed book, (Book Form), 14 copies, submitted in Court | Ryan Paul Day |
| 2014-12-05 | Supplemental document, Supplemental book of authorities, Completed on: 2014-12-05 | Ryan Paul Day |
| 2014-11-24 | Notice of appearance, Kenneth Mahoney will be present at the hearing. | Ryan Paul Day |
| 2014-11-19 | Notice of appearance, Mark Covan and Andrew Brown will be present at the hearing. | Her Majesty the Queen |
| 2014-10-02 | Notice of hearing sent to parties | |
| 2014-09-05 |
Appeal hearing scheduled, 2014-12-08 Judgment rendered |
|
| 2014-08-28 | Appeal perfected for hearing | |
| 2014-08-26 | Respondent's book of authorities, Completed on: 2014-08-26, (Electronic version filed on 2014-08-26) | Her Majesty the Queen |
| 2014-08-26 | Respondent's factum, Completed on: 2014-08-26, (Electronic version filed on 2014-08-26) | Her Majesty the Queen |
| 2014-07-02 | Appellant's book of authorities, (Book Form), Completed on: 2014-07-02 | Ryan Paul Day |
| 2014-07-02 | Appellant's record, (Book Form), Completed on: 2014-07-02, (Electronic version filed on 2014-07-02) | Ryan Paul Day |
| 2014-07-02 | Appellant's factum, (Book Form), service to come - rec'd July 3, 2014, Completed on: 2014-07-03, (Electronic version filed on 2014-07-02) | Ryan Paul Day |
| 2014-04-30 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2014-04-10 | Certificate (on limitations to public access), (Printed version filed on 2014-04-10) | Ryan Paul Day |
| 2014-04-10 | Notice of appeal, Amended notice rec'd on 2014-04-11, Completed on: 2014-04-10 | Ryan Paul Day |
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 |
|---|---|---|
| Day, Ryan Paul | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Day, Ryan Paul
Counsel
Suite 301, Regatta Plaza II
84 - 86 Elizabeth Avenue
St. John's, Newfoundland & Labrador
A1A 1W7
Telephone: (709) 722-3777
FAX: (709) 722-0740
Email: k.j.mahoney@nf.aibn.com
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
Mark Covan
P.O. Box 62 Atlantic Place
812 - 215 Water Street
St. John's, Newfoundland & Labrador
A1C 6C9
Telephone: (709) 772-8056
FAX: (709) 772-8055
Email: andbrown@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
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 - Arbitrary detention - Unreasonable search and seizure - Exclusion of evidence - Canadian Charter of Rights and Freedoms, ss. 8, 9 and 24(2).
The appellant was acquitted of possession of marihuana for the purpose of trafficking. The trial judge found that the appellant’s arrest was unlawful and that his s. 8 and 9 Charter rights had been infringed. Marihuana evidence, cell phones and drug paraphernalia were excluded pursuant to s. 24(2) of the Charter. The Crown appealed, arguing that the appellant’s arrest was lawful and that his s. 8 and 9 Charter rights had not been breached. Alternatively, the Crown argued that even if his Charter rights had been infringed, the trial judge erred by excluding the evidence. A majority of the Court of Appeal allowed the appeal and ordered a new trial. Rowe J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Supreme Court of Newfoundland and Labrador - Court of Appeal
13/05, 2014 NLCA 14
Appeal allowed and 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.
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
Not available
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
Not available