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.
35907
Natasha Kaye Healy v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2014-11-03 | Close file on Leave | |
| 2014-10-31 | Transcript received, 21 pages | |
| 2014-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-10-20 | Judgment on leave sent to the parties | |
| 2014-10-17 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040495, 2014 BCCA 34, dated January 29, 2014, is dismissed. Dismissed |
|
| 2014-10-17 |
Hearing of the application for leave to appeal, 2014-10-17, CJ Cro Wa Decision rendered |
|
| 2014-10-15 | Notice of appearance, (Letter Form), Mr. Daniel F.O. Henderson will be appearing | Natasha Kaye Healy |
| 2014-10-09 | Correspondence (sent by the Court) to, all parties re: videoconference confirmation | |
| 2014-10-09 | Order on motion to appoint counsel, (by KARAKATSANIS J.) | |
| 2014-10-09 |
Decision on motion to appoint counsel, Ka, UPON APPLICATION by the applicant for an order appointing Mr. Daniel F. Henderson as counsel for the oral argument for leave to appeal and the preparation thereof, and for the appeal if leave is granted; AND HAVING READ the material filed; IT IS HEREBY ORDERED THAT: The motion is dismissed without prejudice to the applicant filing another motion if leave to appeal is granted. Dismissed |
|
| 2014-10-09 | Submission of motion to appoint counsel, Ka | |
| 2014-09-26 | Correspondence received from, (Letter Form), Gowlings re: will not reply to the motion to appoint counsel | Natasha Kaye Healy |
| 2014-09-25 | Response to motion to appoint counsel, (Letter Form), Completed on: 2014-09-25, (Electronic version filed on 2014-09-25) | Her Majesty the Queen |
| 2014-09-23 | Motion to appoint counsel, (Book Form), Completed on: 2014-09-23, (Electronic version filed on 2014-09-23) | Natasha Kaye Healy |
| 2014-08-29 | Notice of hearing sent to parties | |
| 2014-08-27 | Appeal hearing scheduled, 2014-10-17, (FOR ORAL HEARING OF THE LEAVE APPLICATION), Start time 2:00 p.m. | |
| 2014-08-20 | Correspondence received from, Respondent. Request for videoconference. | Her Majesty the Queen |
| 2014-08-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-08-19 | Judgment on leave sent to the parties | |
| 2014-08-14 | Correspondence received from, Applicant. Request for videoconference. | Natasha Kaye Healy |
| 2014-08-14 |
Order by, CJ Cro Wa, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for a mandatory oral hearing pursuant to s. 43(1.2) of the Supreme Court Act from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040495, 2014 BCCA 34, dated January 29, 2014 is granted. Granted |
|
| 2014-08-14 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2014-06-30 |
All materials on application for leave submitted to the Judges, 2014-10-17, CJ Cro Wa Decision rendered |
|
| 2014-06-30 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cro Wa | |
| 2014-05-30 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (Included in the respondent's response on the application for leave to appeal), does not object, Completed on: 2014-05-30 | Her Majesty the Queen |
| 2014-05-30 | Respondent's response on the application for leave to appeal, (Letter Form), The Crown respondent relies on the Response filed in R v. Felger 35795, Completed on: 2014-05-30, (Electronic version filed on 2014-05-30) | Her Majesty the Queen |
| 2014-05-27 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED MAY 27, 2014 | |
| 2014-05-27 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2014-05-27 | Natasha Kaye Healy |
| 2014-05-27 | Certificate (on limitations to public access), (Letter Form) | Natasha Kaye Healy |
| 2014-05-27 | Application for leave to appeal, (Book Form), Completed on: 2014-05-27 | Natasha Kaye Healy |
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 |
|---|---|---|
| Healy, Natasha Kaye | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Healy, Natasha Kaye
Counsel
Suite 1010
4710 Kingsway, Metrotower I
Burnaby, British Columbia
V4H 4M2
Telephone: (604) 558-2258
FAX: (604) 558-4023
Email: info@hendersonleelaw.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-3112
FAX: (604) 666-1599
Email: peccles@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
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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 and Freedoms – Search and seizure – Section 8 of the Charter – Criminal law – Evidence – Privacy Interest – Whether the Court of Appeal erred in law in finding that the applicant had no reasonable expectation of privacy in her workplace within which the evidence required to support the conviction at issue was seized – Whether the Court of Appeal erred in finding, at paragraph 51 of the judgment, that there is no evidence that the applicant was aware of the store policies, which is contrary to the learned trial judge’s conclusion that the applicant shared the same expectation of privacy as her employer – Canadian Charter of Rights and Freedoms, s. 8.
Mr. Felger operated a store. The applicant, Ms. Healy, was an employee at Mr. Felger’s store. The store had a sign posted that said that police officers were not allowed entry without a warrant. Mr. Felger also had his lawyer send a letter to the Chief of Police indicating that no member of the Abbotsford police department was allowed onto the premises without a warrant. Undercover officers attended the store and purchased marihuana from the applicant. The trial judge excluded the evidence on the basis that it had been obtained in breach of s. 8 of the Charter. The applicant was acquitted of trafficking in marihuana. The Crown appealed the applicant’s acquittal. The Court of Appeal allowed the appeal, set aside the acquittal, and ordered a new trial.
Lower court rulings
Court of Appeal for British Columbia (Vancouver)
2014 BCCA 34, CA040495
Appeal from acquittal allowed, acquittal set aside, 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.
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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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