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.
36200
K.R.J. v. Her Majesty the Queen
(British Columbia) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-07-26 | Appeal closed | |
| 2016-07-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-07-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-07-21 |
Judgment on the appeal rendered, CJ Abe Cro Mo Ka Wa Ga Côt Br, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA41418, 2014 BCCA 382, dated October 8, 2014, heard on December 2, 2015, is allowed in part. The retrospective operation of s. 161(1)(c) and (d) of the Criminal Code, R.S.C. 1985, c. C-46, limits the right protected by s. 11(i) of the Canadian Charter of Rights and Freedoms. This limit is not justified under s. 1 of the Charter with respect to s. 161(1)(c) but is justified with respect to s. 161(1)(d). The appeal is allowed with respect to s. 161(1)(c). The appeal is dismissed with respect to s. 161(1)(d). Abella and Brown JJ. are dissenting in part. The respondent’s motion to adduce new evidence is granted. Allowed in part |
|
| 2016-07-21 |
Decision on motion to adduce new evidence, see judgment on appeal. Granted |
|
| 2016-03-08 | Notice of change of counsel, (Letter Form), Pierre Landry is replacing Richard Gaudreau as agent. | Association des avocats de la défense de Montréal |
| 2015-12-16 | Transcript received, 125 pages. | |
| 2015-12-02 | General proceeding, Questionnaire following the hearing concerning the publication ban and sealing order. | Her Majesty the Queen |
| 2015-12-02 | General proceeding, Questionnaire following the hearing concerning the publication ban and the sealing order. | K.R.J. |
| 2015-12-02 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies). | Attorney General of Ontario |
| 2015-12-02 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies). | Attorney General of Canada |
| 2015-12-02 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies). | Her Majesty the Queen |
| 2015-12-02 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies). | Association des avocats de la défense de Montréal |
| 2015-12-02 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies). | K.R.J. |
| 2015-12-02 | Judgment reserved OR rendered with reasons to follow | |
| 2015-12-02 |
Hearing of the appeal, 2015-12-02, CJ Abe Cro Mo Ka Wa Ga Côt Br Judgment reserved |
|
| 2015-11-27 | Notice of appearance, Stacey D. Young and Jennifer A. Crawford will be appearing on behalf of the Intervener, Attorney General of Ontario. Ms. Young will present oral argument. | Attorney General of Ontario |
| 2015-11-27 | Notice of appearance, Lida Sara Nouraie and Nicholas St-Jacques will attempt the hearing. Mr. St-Jacques will make the oral arguments. | Association des avocats de la défense de Montréal |
| 2015-11-25 | Notice of appearance, John Norris and Cheryl Milne will appear on behalf of the Intervener, David Asper Centre for Constitutional Rights. Mr. Norris will make oral submissions. | David Asper Centre for Constitutional Rights |
| 2015-11-24 | Notice of appearance, Michael A. Feder and Emily MacKinnon will appear on behalf of the Intervener, British Columbia Civil Liberties. Ms. McKinnon will present oral arguments. | British Columbia Civil Liberties Association |
| 2015-11-24 | Notice of appearance, Mr. Matthew R. Gourlay will appear on behalf of the Intervener, Criminal Lawyers' Association (Ontario). | Criminal Lawyers' Association (Ontario) |
| 2015-11-24 | Notice of appearance, Eric Purtzki and Garth Barriere will appears at the hearing for the Appellant. Mr Purtzki will make the oral argument. | K.R.J. |
| 2015-11-23 | Notice of appearance, Ms. Lesley A. Ruzicka will appear on behalf of the Respondent. | Her Majesty the Queen |
| 2015-11-23 | Appeal perfected for hearing | |
| 2015-11-20 |
Order by, Cro, FURTHER TO THE ORDER dated October 13, 2015, granting leave to intervene to the Association des avocats de la défense de Montréal, the David Asper Centre for Constitutional Rights, the Criminal Lawyers' Association (Ontario) and the British Columbia Civil Liberties Association; IT IS HEREBY ORDERED THAT: 1. The said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 2. The Attorney General of Canada and the Attorney General of Ontario are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2015-11-19 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-19, (Electronic version filed on 2015-11-19) | Attorney General of Ontario |
| 2015-11-19 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2015-11-19, (Electronic version filed on 2015-11-19) | Attorney General of Ontario |
| 2015-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Attorney General of Canada |
| 2015-11-18 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Attorney General of Canada |
| 2015-11-18 | Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Association des avocats de la défense de Montréal |
| 2015-11-18 | Intervener's factum, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Association des avocats de la défense de Montréal |
| 2015-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | British Columbia Civil Liberties Association |
| 2015-11-18 | Intervener's factum, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | British Columbia Civil Liberties Association |
| 2015-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Criminal Lawyers' Association (Ontario) |
| 2015-11-18 | Intervener's factum, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | Criminal Lawyers' Association (Ontario) |
| 2015-11-18 | Intervener's book of authorities, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | David Asper Centre for Constitutional Rights |
| 2015-11-18 | Intervener's factum, (Book Form), Completed on: 2015-11-18, (Electronic version filed on 2015-11-18) | David Asper Centre for Constitutional Rights |
| 2015-11-16 | Notice of appearance, Lesley A. Ruzicka will be appearing for the Respondent. Ms. Ruzicka will be presenting the oral argument. | Her Majesty the Queen |
| 2015-11-06 | Notice of appearance, Richard Kramer and Marc Ribeiro will be appearing for the intervener, Attorney General of Canada. Mr. Kramer will be presenting the oral argument. | Attorney General of Canada |
| 2015-10-15 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-15) | Her Majesty the Queen |
| 2015-10-15 | Respondent's book of authorities, (Book Form), (3 volumes), Completed on: 2015-10-15, (Electronic version filed on 2015-10-15) | Her Majesty the Queen |
| 2015-10-15 | Respondent's factum, (Book Form), 2 redacted copies., Completed on: 2015-10-21, (Electronic version filed on 2015-10-15) | Her Majesty the Queen |
| 2015-10-13 | Order on motion for leave to intervene, by Justice Cromwell | |
| 2015-10-13 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATIONS by the Association des avocats de la défense de Montréal, the David Asper Centre for Constitutional Rights, the Criminal Lawyers' Association (Ontario) and the British Columbia Civil Liberties Association 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 are granted and the said interveners shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before November 18, 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 appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2015-10-08 | Submission of motion for leave to intervene, Cro | |
| 2015-10-01 | Reply to the motion for leave to intervene, Completed on: 2015-10-02, (Electronic version filed on 2015-10-01) | David Asper Centre for Constitutional Rights |
| 2015-09-29 | Reply to the motion for leave to intervene, Completed on: 2015-09-29 | Criminal Lawyers' Association (Ontario) |
| 2015-09-29 | Reply to the motion for leave to intervene, Completed on: 2015-09-30 | British Columbia Civil Liberties Association |
| 2015-09-28 | Response to the motion for leave to intervene, Completed on: 2015-09-28, (Electronic version filed on 2015-09-28) | Her Majesty the Queen |
| 2015-09-22 | Response to the motion for leave to intervene, Completed on: 2015-09-22 | K.R.J. |
| 2015-09-17 | Motion for leave to intervene, Completed on: 2015-09-17 | British Columbia Civil Liberties Association |
| 2015-09-17 | Motion for leave to intervene, Completed on: 2015-09-17 | Criminal Lawyers' Association (Ontario) |
| 2015-09-17 | Motion for leave to intervene, Completed on: 2015-09-17 | David Asper Centre for Constitutional Rights |
| 2015-09-16 | Submission of motion to adduce new evidence, to the Court | |
| 2015-09-16 | Notice of hearing sent to parties | |
| 2015-09-14 | Motion for leave to intervene, (Book Form), Completed on: 2015-09-14, (Electronic version filed on 2015-09-14) | Association des avocats de la défense de Montréal |
| 2015-08-24 |
Appeal hearing scheduled, 2015-12-02 Judgment reserved |
|
| 2015-08-20 | Appellant's book of authorities, (Book Form), Vol. 1 and 2, Completed on: 2015-08-20, (Electronic version filed on 2015-08-20) | K.R.J. |
| 2015-08-20 | Appellant's factum, (Book Form), Completed on: 2015-08-20, (Electronic version filed on 2015-08-20) | K.R.J. |
| 2015-08-17 | Certificate (on limitations to public access) | K.R.J. |
| 2015-08-17 | Response to the motion to adduce new evidence, (Book Form), Completed on: 2015-08-17 | K.R.J. |
| 2015-08-17 | Certificate of counsel (attesting to record) | K.R.J. |
| 2015-08-17 | Appellant's record, Volume 2 is sealed - Redacted copy filed (2 volumes), Completed on: 2015-08-17 | K.R.J. |
| 2015-07-27 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2015-07-21 | Correspondence received from, Book of Authorities for motion to be filed October 2015 | Her Majesty the Queen |
| 2015-07-21 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-07-21 | Motion to adduce new evidence, (Book Form), Motion includes 3 affidavits of: Trevor Shaw, Kirk Eaton and Carmen Gress (Sent to the Court on September 16, 2015), Completed on: 2015-07-21 | Her Majesty the Queen |
| 2015-07-02 | Notice of intervention respecting a constitutional question, (Letter Form) | Attorney General of Canada |
| 2015-06-10 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-06-04 | Notice of constitutional question(s), (Letter Form), All Attorneys General served on June 4, 2015. | K.R.J. |
| 2015-05-28 | Order on motion to state a constitutional question, (by the CHIEF JUSTICE) | |
| 2015-05-28 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Does the retrospective operation of ss. 161(1)(c) and (d) of the Criminal Code, R.S.C. 1985 c. C-46, as enacted by s. 16 of the Safe Streets and Communities Act, S.C. 2012, c. 1, infringe s. 11(i) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under section 1 of the Canadian Charter of Rights and Freedoms? IT IS HEREBY FURTHER ORDERED THAT: 1. The respondent shall serve and file a Motion to Adduce New Evidence, with all new evidence and submissions addressing stated constitutional question two (2), no later than eight (8) weeks from the date of this order; 2. The appellant shall serve and file a Response to the Motion to Adduce New Evidence, with all new evidence and submissions addressing stated constitutional question two (2), no later than four (4) weeks from service of the Motion to Adduce New Evidence; 3. The respondent shall serve and file a Reply to the Response to the Motion to Adduce New Evidence, no later than two (2) weeks from service of the Response to the Motion to Adduce New Evidence; and 4. The Motion to Adduce New Evidence shall be referred to the panel seized with hearing the appeal, without prejudice to the right of the respondent to argue that constitutional question two (2) should not be answered. Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention. Granted |
|
| 2015-05-28 | Submission of motion to state a constitutional question, CJ | |
| 2015-05-07 | Reply to the motion to state a constitutional question, Completed on: 2015-05-07 | K.R.J. |
| 2015-05-01 | Response to the motion to state a constitutional question, Completed on: 2015-05-01, (Printed version filed on 2015-05-01) | Her Majesty the Queen |
| 2015-04-24 | Motion to state a constitutional question, Completed on: 2015-04-24 | K.R.J. |
| 2015-04-24 | Notice of appeal, Completed on: 2015-04-24 | K.R.J. |
| 2015-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-03-27 | Judgment on leave sent to the parties | |
| 2015-03-26 |
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 CA41418, 2014 BCCA 382, dated October 8, 2014, is granted. Granted |
|
| 2015-03-02 | All materials on application for leave submitted to the Judges, Ro Cro Mo | |
| 2015-01-30 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-01-30, (Electronic version filed on 2015-02-03) | K.R.J. |
| 2015-01-22 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-01-22 | Respondent's response on the application for leave to appeal, (Book Form), 2 redacted copies were filed on FEB.6/2015, Completed on: 2015-01-22 | Her Majesty the Queen |
| 2014-12-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2014-12-08 | Certificate (on limitations to public access) | K.R.J. |
| 2014-12-08 | Book of authorities | K.R.J. |
| 2014-12-08 | Application for leave to appeal, Completed on: 2014-12-08, (Electronic version due on 2014-12-15) | K.R.J. |
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 |
|---|---|---|
| K.R.J. | 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 |
| Association des avocats de la défense de Montréal | Intervener | Active |
| David Asper Centre for Constitutional Rights | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: K.R.J.
Counsel
Garth Barriere
Vancouver, British Columbia
V6B 2L3
Telephone: (604) 662-8167
FAX: (604) 687-6298
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Her Majesty the Queen
Counsel
940 Blanshard street
3rd floor
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5156
FAX: (250) 387-4262
Email: lesley.ruzicka@gov.bc.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Canada
Counsel
Marc Ribeiro
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6330
FAX: (416) 952-0298
Email: richard.kramer@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: Attorney General of Ontario
Counsel
Jennifer A. Crawford
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-9964
FAX: (416) 326-4656
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Association des avocats de la défense de Montréal
Counsel
Nicholas St-Jacques
500 Place d'Armes
Suite 1940
Montréal, Quebec
H2Y 3Y7
Telephone: (514) 397-9284
FAX: (514) 397-9922
Email: lsn@legroupenouraie.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: David Asper Centre for Constitutional Rights
Counsel
Hamish Stewart
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
235 King Street East
3rd Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mgourlay@hhllp.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: British Columbia Civil Liberties Association
Counsel
Emily Mackinnon
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
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.
(Publication ban in case)(Sealing order)
Charter of Rights and Freedoms - Criminal Law - Benefit of lesser punishment - Sentencing - Orders of prohibition - Under s. 161(1) of the Criminal Code, courts may issue orders prohibiting offenders from engaging in activity listed in s. 161(1), if the offender was convicted of a sexual offence referred to in s. 161(1.1) in respect of a person under 16 years of age - J committed sexual offences referred to in s. 161(1.1)(a) against a person under the age of 16 years - Between J’s offence dates and sentencing, the Criminal Code was amended and more onerous prohibitions were introduced into s. 161(1) - Whether court may order more onerous prohibitions - Whether prohibitions are punishment for purposes of s. 11(i) of Charter - How to determine when community supervision measures amount to punishment - Safe Streets and Communities Act, S.C. 2012, c. 1 - Criminal Code, R.S.C. 1985 c. C-46, s. 161 - Canadian Charter of Rights and Freedoms, s. 11(i)
KRJ pleaded guilty to incest committed in 2009 and to making child pornography between January 1, 2008 and March 11, 2011. The victim was under the age of 16 years when the offences were committed. Both offences are listed in s. 161(1.1) of the Criminal Code. Section 161(1) of the Criminal Code allows prohibition orders against offenders convicted of sexual offences listed in s. 161(1.1), if the offence was committed against a person under the age of 16 years. The prohibitions that may be ordered are listed in s. 161(1). They may be ordered for life or for any shorter duration. The Safe Streets and Communities Act, S.C. 2012, c. 1, amended the list of prohibitions effective August 9, 2012. It made the prohibition set out in s. 161(1)(c) more onerous and it introduced s. 161(1)(d) into the Criminal Code. On November 15, 2013, Klinger J. held that prohibitions are punishment for the purposes of s. 11(i) of the Charter of Rights and Freedoms and KRJ therefore was entitled to the less onerous prohibitions that were in s. 161(1) on the date of his offences. On October 8, 2014, a majority of the Court of Appeal allowed an appeal. They held that prohibitions are not punishment and the 2012 amendments apply retroactively. They amended the prohibition order and imposed the more onerous provisions that came into effect on August 9, 2012.
Lower court rulings
Provincial Court of British Columbia
22175-3-C
Applicant sentenced to 6 years imprisonment and 3 years consecutive; Prohibitions after release from imprisonment ordered
Court of Appeal for British Columbia (Vancouver)
CA41418, 2014 BCCA 382
Applicant’s appeal from sentence dismissed, Respondent’s appeal from prohibition order allowed and prohibitions modified
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