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.
37518
Sean Patrick Mills v. Her Majesty the Queen
(Newfoundland & Labrador) (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) |
---|---|---|
2019-06-03 | Appeal closed | |
2019-04-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
2019-04-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
2019-04-18 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Br Mar, The appeal from the judgment of the Court of Appeal of Newfoundland and Labrador, Number 201501H0025, 2017 NLCA 12, dated February 10, 2017, heard on May 25, 2018, is dismissed. Dismissed |
|
2018-10-18 |
Notice of change of counsel, (Letter Form), Emily K. Moreau is now agent for the Intervener, Director of criminal and penal prosecutions of Québec. |
Director of criminal and penal prosecutions of Québec |
2018-06-07 | Transcript received, 132 pages | |
2018-05-25 | Judgment reserved OR rendered with reasons to follow | |
2018-05-25 |
Hearing of the appeal, 2018-05-25, CJ Abe Mo Ka Ga Br Mar Judgment reserved |
|
2018-05-25 | Intervener's condensed book, (Book Form), Submitted in courtroon (14 copies). | Canadian Association of Chiefs of Police |
2018-05-25 | Appellant's condensed book, (Book Form), Submitted in courtroon (14 copies). | Sean Patrick Mills |
2018-05-25 | Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies). | Her Majesty the Queen |
2018-05-14 | Notice of appearance, Jill R. Presser and Kate Robertson will be appearing. Ms. Presser will present oral arguments. | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2018-05-14 |
Appeal hearing scheduled, 2018-05-25, (EARLY START AT 9:00AM) Judgment reserved |
|
2018-05-11 | Notice of appearance, Ms Rachel Huntsman will be appearing and will present oral arguments. | Canadian Association of Chiefs of Police |
2018-05-11 | Notice of appearance, Nick Devlin and Amber Pashuk will be appearing. Mr. Devlin will present oral arguments. | Director of Public Prosecutions |
2018-05-11 | Notice of appearance, Frank Addario and James Foy will be appearing. Mr. Addario will present oral arguments. | Canadian Civil Liberties Association |
2018-05-10 | Intervener's book of authorities, (Book Form), Completed on: 2018-05-10 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2018-05-10 | Notice of appearance, Susan Magotiaux and Katie Doherty will be appearing. Ms. Magotiaux will present oral arguments. | Attorney General of Ontario |
2018-05-10 | Notice of appearance, Nicolas E. Devlin will be appearing and will present oral arguments. | Director of Public Prosecutions |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Attorney General of Alberta |
2018-05-10 | Intervener's book of authorities, (Book Form), Completed on: 2018-05-10 | Attorney General of Alberta |
2018-05-10 | Intervener's book of authorities, (Book Form), Completed on: 2018-05-10 | Attorney General of Ontario |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Attorney General of Ontario |
2018-05-10 | Intervener's book of authorities, (Book Form), Completed on: 2018-05-10 | Attorney General of British Columbia |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Attorney General of British Columbia |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Director of Public Prosecutions |
2018-05-10 | Intervener's book of authorities, (Book Form), Completed on: 2018-05-10 | Criminal Lawyers' Association |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Criminal Lawyers' Association |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Canadian Civil Liberties Association |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Canadian Association of Chiefs of Police |
2018-05-10 | Intervener's book of authorities, (Book Form), Completed on: 2018-05-10 | Director of criminal and penal prosecutions of Québec |
2018-05-10 | Certificate (on limitations to public access), (Letter Form), Form 23B | Director of criminal and penal prosecutions of Québec |
2018-05-10 | Certificate (on limitations to public access), (Letter Form), Form 23A | Director of criminal and penal prosecutions of Québec |
2018-05-10 | Intervener's factum, (Book Form), Completed on: 2018-05-10 | Director of criminal and penal prosecutions of Québec |
2018-05-09 | Notice of appearance, Gerald Chan and Annamaria Enenajor will be appearing. Mr. Chan will present oral arguments. | Criminal Lawyers' Association |
2018-05-09 | Appeal perfected for hearing | |
2018-05-08 | Notice of appearance, Christine Rideout will be appearing. Ms. Rideout will present oral argument. | Attorney General of Alberta |
2018-05-07 | Notice of appearance, Rosellen Sullivan and Micheal Crystal will be appearing. Mr. Crystal and Ms. Sullivan will present oral arguments. Request for 2 reserved seats. | Sean Patrick Mills |
2018-05-04 | Notice of appearance, Lloyd M. Strickland and Sheldon B. Steeves will be appearing. Mr. Strickland will present oral arguments. | Her Majesty the Queen |
2018-05-04 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
2018-05-04 | Respondent's record, (Book Form), Completed on: 2018-05-04 | Her Majesty the Queen |
2018-05-04 | Respondent's factum, (Book Form), Completed on: 2018-05-04 | Her Majesty the Queen |
2018-05-02 | Notice of appearance, Ann Ellefsen-Tremblay et Nicolas Abran will be appearing. Mr. Abran will present oral argument. | Director of criminal and penal prosecutions of Québec |
2018-04-20 | Notice of appearance, Mr. Daniel M. Scanlan will be appearing via videoconference and will present oral arguments. | Attorney General of British Columbia |
2018-04-16 | Order on motion for leave to intervene, BY JUSTICE ABELLA | |
2018-04-16 |
Decision on the motion for leave to intervene, Abe, REVISED April 17, 2018 UPON APPLICATIONS by the Director of Public Prosecutions, the Attorney General of Ontario, the Director of Criminal and Penal Prosecutions of Québec, the Attorney General of British Columbia, the Attorney General of Alberta, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic, the Canadian Civil Liberties Association, the Criminal Lawyers’ Association and the Canadian Association of Chiefs of Police 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 nine (9) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before May 10, 2018. The said nine (9) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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 the respondent any additional disbursements occasioned to the them by their interventions. Granted |
|
2018-04-16 | Submission of motion for leave to intervene, Abe | |
2018-04-03 | Notice of name, (Letter Form) | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2018-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2018-04-03 | Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic |
2018-04-03 | Notice of name, (Letter Form) | Canadian Civil Liberties Association |
2018-04-03 | Motion for leave to intervene, (Letter Form), Completed on: 2018-04-03 | Canadian Civil Liberties Association |
2018-04-03 | Notice of name, (Letter Form) | Criminal Lawyers' Association |
2018-04-03 | Certificate (on limitations to public access), (Letter Form), 23B | Criminal Lawyers' Association |
2018-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2018-04-03 | Criminal Lawyers' Association |
2018-04-03 | Notice of name, (Letter Form) | Canadian Association of Chiefs of Police |
2018-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2018-04-03 | Canadian Association of Chiefs of Police |
2018-04-03 | Motion for leave to intervene, (Book Form), fees missing-rec'd 2018/04/04, Completed on: 2018-04-05 | Attorney General of Alberta |
2018-04-03 | Motion for leave to intervene, (Book Form), Completed on: 2018-04-06 | Attorney General of British Columbia |
2018-04-03 | Motion for leave to intervene, (Letter Form), Notice of Name missing, Completed on: 2018-04-16 | Director of Public Prosecutions |
2018-03-29 | Notice of name, (Letter Form) | Attorney General of Ontario |
2018-03-29 | Motion for leave to intervene, (Book Form), Completed on: 2018-03-29 | Attorney General of Ontario |
2018-03-28 | Notice of name, (Letter Form) | Director of criminal and penal prosecutions of Québec |
2018-03-28 | Motion for leave to intervene, (Letter Form), Completed on: 2018-03-29 | Director of criminal and penal prosecutions of Québec |
2018-03-12 | Notice of hearing sent to parties | |
2018-03-09 | Certificate of counsel (attesting to record), (Letter Form) | Sean Patrick Mills |
2018-03-09 | Appellant's record, (Book Form), (2 volumes), Completed on: 2018-03-09 | Sean Patrick Mills |
2018-03-09 | Appellant's factum, (Book Form), Completed on: 2018-03-09 | Sean Patrick Mills |
2018-01-15 |
Order by, CJ, THE CHIEF JUSTICE: IT IS HEREBY ORDERED THAT: 1. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before April 3, 2018. 2. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before April 10, 2018. 3. Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 12, 2018. 4. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before May 10, 2018. Granted |
|
2018-01-12 | Notice of appeal, (Letter Form), Completed on: 2018-01-12 | Sean Patrick Mills |
2018-01-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
2017-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2017-12-15 | Judgment on leave sent to the parties | |
2017-12-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of Newfoundland and Labrador - Court of Appeal, Number 201501H0025, 2017 NLCA 12, dated February 10, 2017, is granted. Granted |
|
2017-05-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
2017-05-15 | Applicant's reply to respondent's argument, (Book Form), will not be filing a reply, Completed on: 2017-05-15 | Sean Patrick Mills |
2017-05-10 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
2017-05-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-05-10 | Her Majesty the Queen |
2017-04-11 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/04/11 | |
2017-04-10 | Certificate (on limitations to public access), (Letter Form), amended certificate required-rec'd 2017/04/12 | Sean Patrick Mills |
2017-04-10 | Application for leave to appeal, (Book Form), CA Order missing-rec'd 2017/04/11, Completed on: 2017-04-11 | Sean Patrick Mills |
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 |
---|---|---|
Mills, Sean Patrick | Appellant | Active |
v.
Name | Role | Status |
---|---|---|
Her Majesty the Queen | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Director of Public Prosecutions | Intervener | Active |
Attorney General of Ontario | Intervener | Active |
Director of criminal and penal prosecutions of Québec | Intervener | Active |
Attorney General of British Columbia | Intervener | Active |
Attorney General of Alberta | Intervener | Active |
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic | Intervener | Active |
Canadian Civil Liberties Association | Intervener | Active |
Criminal Lawyers' Association | Intervener | Active |
Canadian Association of Chiefs of Police | Intervener | Active |
Counsel
Party: Mills, Sean Patrick
Counsel
Suite 300, Haymarket Square
223-233 Duckworth Street
St. John's, Newfoundland & Labrador
A1C 6N1
Telephone: (709) 739-4141
FAX: (709) 739-4145
Email: rsullivan@spdefence.ca
Agent
1010 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 563-1010
FAX: (613) 563-1011
Email: mac@sulaw.ca
Party: Her Majesty the Queen
Counsel
Sheldon B. Steeves
4th Floor, Atlantic Place
215 Water Street
St. John's, Newfoundland & Labrador
A1C 6C9
Telephone: (709) 729-4299
FAX: (709) 729-1135
Email: lstrickland@gov.nl.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com
Party: Director of criminal and penal prosecutions of Québec
Counsel
Ann Ellefsen-Tremblay
2828, boulevard Laurier, Tour 1
Bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20934
FAX: (418) 644-3428
Email: nicolas.abran@dpcp.gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.gouv.qc.ca
Party: Attorney General of Ontario
Counsel
Susan Magotiaux
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: katie.doherty@ontario.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
Counsel
116 Simcoe Street, Suite100
Toronto, Ontario
M5H 4E2
Telephone: (416) 586-0330
FAX: (416) 596-2597
Email: presser@presserlaw.ca
Agent
University of Ottawa, Faculty of Law, Common Law Section
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca
Party: Canadian Civil Liberties Association
Counsel
James Foy
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5063
FAX: (866) 714-1196
Email: faddario@addario.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: Criminal Lawyers' Association
Counsel
TD North Tower, Toronto-Dominion Centre
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1617
FAX: (416) 593-9345
Email: geraldc@stockwoods.ca
Agent
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: Canadian Association of Chiefs of Police
Counsel
Legal Services Unit
1 Fort Townshend
St. John's, Newfoundland & Labrador
A1C 2G2
Telephone: (709) 729-8739
FAX: (709) 729-8214
Email: rachelhuntsman@rnc.gov.nl.ca
Agent
1400 - 340 Albert Street
Ottawa, Ontario
K1R 0A5
Telephone: (613) 238-2022
FAX: (613) 238-8775
Email: lbordeleau@perlaw.ca
Party: Attorney General of Alberta
Counsel
3rd Floor, Centrium Place
300 - 332 6 Avenue, S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: christine.rideout@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 British Columbia
Counsel
3rd Floor - 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-0284
FAX: (250) 387-4262
Email: daniel.scanlan@gov.bc.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com
Party: Director of Public Prosecutions
Counsel
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6213
FAX: (416) 952-2116
Email: nick.devlin@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
Charter — Criminal law — Search and seizure — Standing to challenge — Whether accused had reasonable expectation of privacy in emails sent to fictitious on-line personae and surreptitiously captured using a screenshot program by recipient undercover police officers — Whether accused has standing to challenge legality of search and seizure.
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.
Mr. Mills was charged with four counts of internet luring. Undercover police officers created two fictitious on-line identities of 14-year old females. The Crown’s evidence included emails sent to the on-line identities and fragments of emails found on Mr. Mills’ computer that match parts of the emails sent to the on-line identities. Some of the emails include sexual content and some made arrangements with one of the identities to meet at a park. Mr. Mills arrived at the park in circumstances matching the arrangements. Police officers linked some of the emails to Mr. Mill’s social media. The police officers used a screen shot program that captures the video display of personal computers to capture the email communications. Mr. Mills sought to exclude the screen shots and the emails from evidence.
Lower court rulings
Provincial Court of Newfoundland and Labrador
0113PA00551, 0113PA00937, 2014 CanLII 2052
Application to exclude evidence dismissed
Provincial Court of Newfoundland and Labrador
2014 NLPC 112
Conviction on one count of communicating by means of a computer with person believed to be under age of sixteen years for a sexual purpose; One count stayed; Acquittals on two counts
Provincial Court of Newfoundland and Labrador
2015 NLPC 0112A01710
Sentence to 12 months imprisonment and one year probation
Supreme Court of Newfoundland and Labrador - Court of Appeal
201501H0025, 2017 NLCA 12
Appeal from sentence granted; Sentence to 14 months; Stay of service of two months; Cross-appeal against conviction dismissed
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
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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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