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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.

List of proceedings
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

Main parties - Appellants
Name Role Status
Mills, Sean Patrick Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

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
Rosellen Sullivan
Sullivan Breen King Defence
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
Michael A. Crystal
Spiteri & Ursulak LLP
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
Lloyd M. Strickland
Sheldon B. Steeves
Attorney General of Newfoundland and Labrador
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
Robert E. Houston, Q.C.
Gowling WLG (Canada) LLP
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
Nicolas Abran
Ann Ellefsen-Tremblay
Directeur des poursuites criminelles et pénales du Québec
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
Emily K. Moreau
Directeur des poursuites criminelles et pénales du Québec
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
Katie Doherty
Susan Magotiaux
Attorney General of Ontario
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
Karen Perron
Borden Ladner Gervais LLP
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
Jill R. Presser
Presser Barristers
116 Simcoe Street, Suite100
Toronto, Ontario
M5H 4E2
Telephone: (416) 586-0330
FAX: (416) 596-2597
Email: presser@presserlaw.ca
Agent
Tamir Israel
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
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
Frank Addario
James Foy
Addario Law Group LLP
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5063
FAX: (866) 714-1196
Email: faddario@addario.ca
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
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
Gerald Chan
Stockwoods LLP
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
Maxine Vincelette
Power Law
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
Rachel Huntsman, Q.C.
Royal Newfoundland Constabulary
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
Lynda A. Bordeleau
Perley-Robertson, Hill & McDougall
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
Christine Rideout
Attorney General of Alberta
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
D. Lynne Watt
Gowling WLG (Canada) LLP
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
Daniel M. Scanlan
Attorney General of British Columbia
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
Robert E. Houston, Q.C.
Gowling WLG (Canada) LLP
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
Nicholas E. Devlin
Public Prosecution Service of Canada
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
François Lacasse
Director of Public Prosecutions of Canada
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

January 24, 2014
Provincial Court of Newfoundland and Labrador

0113PA00551, 0113PA00937, 2014 CanLII 2052

Application to exclude evidence dismissed

December 19, 2014
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

March 20, 2015
Provincial Court of Newfoundland and Labrador

2015 NLPC 0112A01710

Sentence to 12 months imprisonment and one year probation

February 10, 2017
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.

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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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Date modified: 2025-02-27