Case information
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36064
Shane Gordon Rollison v. Her Majesty the Queen
(Alberta) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-07-23 | Appeal closed | |
| 2015-07-16 | Correspondence (sent by the Court) to, Jolaine Antonio (accepted by hand by Karen Collins on her behalf), re: returning sealed documents further to Justice Gascon's order dated December 23, 2014 | |
| 2015-05-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-05-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-05-22 |
Judgment on the appeal rendered, CJ Abe Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1203-0033-A, 2014 ABCA 126, dated April 3, 2014, heard on January 16, 2015, is allowed and a new trial is ordered. Allowed |
|
| 2015-02-02 | Transcript received, (116 pages) | |
| 2015-01-16 | Judgment reserved OR rendered with reasons to follow | |
| 2015-01-16 | Respondent's condensed book, Submitted in Court - Joint with 35977 (14 copies) | Her Majesty the Queen |
| 2015-01-16 | Appellant's condensed book, Submitted in Court (14 copies) | Shane Gordon Rollison |
| 2015-01-16 | General proceeding, Questionnair following hearing concerning the publication ban | Her Majesty the Queen |
| 2015-01-16 | General proceeding, Questionnaire following hearing concerning the publication ban | Shane Gordon Rollison |
| 2015-01-16 |
Hearing of the appeal, 2015-01-16, CJ Abe Ro Cro Mo Ka Wa Ga Côt Judgment reserved |
|
| 2015-01-09 | Notice of appearance, Christine Bartlett-Hughes and Lisa Henderson will be present at the hearing. | Attorney General of Ontario |
| 2015-01-09 | Notice of appearance, Alexi Wood and Kate Southwell will be present at the hearing. | Canadian Civil Liberties Association |
| 2015-01-09 | Appeal perfected for hearing | |
| 2015-01-08 | Notice of appearance, Jeffrey Johnston will be present at the hearing. | Attorney General of Canada |
| 2015-01-07 |
Order by, (Joint with 35977), Ga, FURTHER TO THE ORDER dated November 26, 2014, granting leave to intervene to the Attorney General of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association, as well as Beyond Borders and the Canadian Centre for Child Protection Inc.; IT IS HEREBY FURTHER ORDERED THAT the said four interveners are each granted permission to present oral argument common to both appeals not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2015-01-05 | Intervener's book of authorities, Joint with 35977, Completed on: 2015-01-05 | Attorney General of Ontario |
| 2015-01-05 | Intervener's factum, Joint with 35977, Completed on: 2015-01-05 | Attorney General of Ontario |
| 2015-01-05 | Intervener's book of authorities, Joint with 35977, Completed on: 2015-01-05 | Canadian Civil Liberties Association |
| 2015-01-05 | Intervener's factum, Joint with 35977, Completed on: 2015-01-05 | Canadian Civil Liberties Association |
| 2015-01-05 | Intervener's book of authorities, Joint with 35977, Completed on: 2015-01-05 | Attorney General of Canada |
| 2015-01-05 | Intervener's factum, Joint with 35977, Completed on: 2015-01-05 | Attorney General of Canada |
| 2014-12-23 | Intervener's book of authorities, (Book Form), Joint with 35977, Completed on: 2014-12-23 | Beyond Borders and the Canadian Centre for Child Protection Inc. |
| 2014-12-23 | Intervener's factum, (Book Form), Joint with 35977, Completed on: 2014-12-23 | Beyond Borders and the Canadian Centre for Child Protection Inc. |
| 2014-12-23 | Order on motion to seal, (by GASCON J.) | |
| 2014-12-23 |
Decision on motion to seal, (joint with 35977), Ga, UPON APPLICATION by the respondent for an order to seal the filed copy of Trial Exhibit 2, to dispense with the requirement of filing the number of copies of Trial Exhibit 2 prescribed by the Rules of the Supreme Court of Canada and to dispense with service of Trial Exhibit 2 on the appellants and interveners; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion is granted. 2) Trial Exhibit 2 is hereby sealed and shall be kept in a secure location by the Records Centre of the Supreme Court of Canada. The sealed material shall not be copied. 3) The sealed material shall only be viewed by Members of this Court and any member of the staff of the Supreme Court of Canada who is authorized to do so in writing by a judge of this Court on the computer submitted to the Court by the respondent. 4) The respondent shall file only one copy of the sealed material and is hereby exempted from the requirement to serve the sealed material on the appellants and interveners. 5) The sealed material and computer submitted to the Court by the respondent shall be returned to the respondent within 60 days after the judgment on the appeal has been rendered. There will be no archive of the sealed material. Granted |
|
| 2014-12-23 | Submission of motion to seal, Ga | |
| 2014-12-22 | Notice of appearance, Diana Goldie, Marie-France Major and Thomas Slade will be present at the hearing. | Shane Gordon Rollison |
| 2014-12-16 | Response to motion to seal, (Letter Form), Completed on: 2014-12-16, (Electronic version filed on 2014-12-16) | Shane Gordon Rollison |
| 2014-12-16 | Notice of appearance, David Matas and Monique St. Germain will be present at the hearing. | Beyond Borders and the Canadian Centre for Child Protection Inc. |
| 2014-12-12 | Correspondence received from, 3 reserved seats requested | Her Majesty the Queen |
| 2014-12-12 | Notice of appearance, Jolaine Antonio and Julie Morgan will be present at the hearing. | Her Majesty the Queen |
| 2014-12-09 | Motion to seal, (Book Form), Joint with 35977, Completed on: 2014-12-09, (Electronic version filed on 2014-12-15) | Her Majesty the Queen |
| 2014-12-09 | Certificate (on limitations to public access), Joint with 35977 | Her Majesty the Queen |
| 2014-12-09 | Certificate of counsel (attesting to record), Joint with 35977 | Her Majesty the Queen |
| 2014-12-09 | Respondent's book of authorities, (Book Form), 2 volumes. (Joint with 35977), Completed on: 2014-12-09 | Her Majesty the Queen |
| 2014-12-09 | Respondent's record, (Book Form), Joint with 35977 (Trial exhibit 2 sealed - RETURNED TO RESPONDENT ON JULY 23, 2015), Completed on: 2014-12-09 | Her Majesty the Queen |
| 2014-12-09 | Respondent's factum, (Book Form), Joint with 35977, Completed on: 2014-12-09 | Her Majesty the Queen |
| 2014-12-02 | Notice of hearing sent to parties | |
| 2014-12-02 |
Appeal hearing scheduled, 2015-01-16 Judgment reserved |
|
| 2014-11-26 | Order on motion for leave to intervene, (Joint with 35977) (by GASCON J.) | |
| 2014-11-26 |
Decision on the motion for leave to intervene, (Joint with 35977), Ga, UPON APPLICATIONS by the Attorney General of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association, as well as Beyond Borders and the Canadian Centre for Child Protection Inc. for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Attorney General of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association, as well as Beyond Borders and the Canadian Centre for Child Protection Inc. are granted and the said four interveners or groups of interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed 10 pages in length on or before January 5, 2015. The requests to present oral argument are 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions. Granted |
|
| 2014-11-26 | Submission of motion for leave to intervene, Ga | |
| 2014-11-18 | Response to the motion for leave to intervene, (Letter Form), Response to Beyond Borders - Joint with 35977, Completed on: 2014-11-18 | Her Majesty the Queen |
| 2014-11-17 | Response to the motion for leave to intervene, (Letter Form), Joint response to AG of Canada and CCLA (Joint with 35977), Completed on: 2014-11-17 | Her Majesty the Queen |
| 2014-11-14 | Response to the motion for leave to intervene, (Letter Form), Joint Response to CCLA, AG of Canada and Beyond Borders, Completed on: 2014-11-14 | Shane Gordon Rollison |
| 2014-11-13 | Motion for leave to intervene, (Book Form), Completed on: 2014-11-13 | Beyond Borders and the Canadian Centre for Child Protection Inc. |
| 2014-11-12 | Motion for leave to intervene, (Book Form), Joint with 35977, Completed on: 2014-11-12 | Attorney General of Canada |
| 2014-11-12 | Certificate (on limitations to public access) | Canadian Civil Liberties Association |
| 2014-11-12 | Notice of name | Canadian Civil Liberties Association |
| 2014-11-12 | Motion for leave to intervene, (Book Form), Completed on: 2014-11-12, (Electronic version filed on 2014-11-14) | Canadian Civil Liberties Association |
| 2014-11-04 | Response to the motion for leave to intervene, Completed on: 2014-11-04 | Her Majesty the Queen |
| 2014-11-04 | Response to the motion for leave to intervene, Completed on: 2014-11-04 | Shane Gordon Rollison |
| 2014-11-03 | Motion for leave to intervene, (Letter Form), Completed on: 2014-11-03 | Attorney General of Ontario |
| 2014-10-14 | Certificate of counsel (attesting to record), joint with 35977 | Shane Gordon Rollison |
| 2014-10-14 | Appellant's book of authorities, (Book Form), Joint with 35977 , Completed on: 2014-10-14 | Shane Gordon Rollison |
| 2014-10-14 | Appellant's record, (Book Form), Joint with 35977, Completed on: 2014-10-14 | Shane Gordon Rollison |
| 2014-10-14 | Appellant's factum, (Book Form), Completed on: 2014-10-14, (Electronic version filed on 2014-10-16) | Shane Gordon Rollison |
| 2014-10-10 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2014-09-26 | Correspondence received from, Co-Counsel for the Respondent will be Julie Morgan and Jolaine Antonio | Her Majesty the Queen |
| 2014-09-25 | Order on motion to extend time to serve and/or file notice of appeal, (by KARAKATSANIS J.) | |
| 2014-09-25 |
Decision on motion to extend time to serve and/or file notice of appeal, Ka, UPON APPLICATION on behalf of the appellant for an order extending the time to serve and file its notice of appeal as of right to September 10, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-09-25 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Ka | |
| 2014-09-18 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2014-09-18, (Electronic version filed on 2014-09-18) | Her Majesty the Queen |
| 2014-09-17 | Correspondence received from, Diana C. Goldie re: R. v. Barabash (SCC # 35977) | Shane Gordon Rollison |
| 2014-09-10 | Certificate (on limitations to public access) | Shane Gordon Rollison |
| 2014-09-10 | Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Completed on: 2014-09-10, (Electronic version filed on 2014-09-10) | Shane Gordon Rollison |
| 2014-09-10 | Notice of appeal, (Letter Form), Completed on: 2014-09-10, (Electronic version filed on 2014-09-10) | Shane Gordon Rollison |
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 |
|---|---|---|
| Rollison, Shane Gordon | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Beyond Borders and the Canadian Centre for Child Protection Inc. | Intervener | Active |
Counsel
Party: Rollison, Shane Gordon
Counsel
Marie-France Major
Thomas Slade
300 Revillon Building
1030 102 Avenue
Edmonton, Alberta
T5J 4A1
Telephone: (780) 232-4625
FAX: (780) 422-3757
Email: dgoldie@legalaid.ab.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Julie Morgan
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
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Lisa Henderson
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartlett-hughes@jus.gov.on.ca
Agent
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
Kate Southwell
1 First Canadian Place, Suite 6000
P.O. Box 367, 100 King Street West
Toronto, Ontario
M5X 1E2
Telephone: (416) 941-5403
FAX: (416) 369-5248
Email: awood@davis.ca
Agent
1111 Prince of Wales
Suite 401
Ottawa, Ontario
K2C 3T2
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: CBaxter@conway.pro
Party: Attorney General of Canada
Counsel
2127 - 284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-3528
FAX: (613) 957-8412
Email: jeffrey.johnston@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Beyond Borders and the Canadian Centre for Child Protection Inc.
Counsel
Suite 602
Winnipeg, Manitoba
R3C 1T7
Telephone: (204) 944-1831
FAX: (204) 942-1494
Email: dmatas@mts.net
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.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.
Criminal law - Making child pornography - Private use exception - Application of R. v. Sharpe, 2001 SCC 2, [2001] 1 S.C.R. 45, and R. v. Cockell, 2013 ABCA 112 - Whether the trial judge properly interpreted the “private use exception” contemplated in Sharpe.
The appellant was acquitted of one count of making child pornography in relation to two teenage girls. The Crown appealed the acquittal, arguing among other things that the trial judge erred in law in his interpretation and application of the “private use exception” to the offences. Applying the Alberta Court of Appeal decision in Cockell, a majority of the Court of Appeal allowed the appeal and entered a conviction for both offence. Berger J.A., dissenting, would have dismissed the appeal. In his view, to the extent that Cockell interpreted Sharpe to mean that separate and apart from the lawfulness or otherwise of the sexual activity in question, the evidence must show (and the accused must point to facts that establish) that a complainant’s consent was obtained in circumstances precluding exploitation or abuse, it was wrongly decided. Accordingly, Berger J.A. found that the “private use exception” was made out in this case and that the acquittal should stand.
Lower court rulings
Court of Queen’s Bench of Alberta
Appellant acquitted of one count of making child pornography contrary to s. 163.1(2) of the Criminal Code
Court of Appeal of Alberta (Edmonton)
Appeal allowed
Memorandums of argument on application for leave to appeal
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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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