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.
39360
Eugene Ndhlovu v. His Majesty the King
(Alberta) (Criminal) (By Leave)
(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) |
|---|---|---|
| 2025-01-23 | Appeal closed | |
| 2023-10-25 | Order on motion to extend time, by the Chief Justice | |
| 2023-10-25 |
Decision on motion to extend time, CJ Ka Côt Row Mar Kas Ja, UPON APPLICATION by the Attorney General of Canada for an order extending the suspension of constitutional invalidity of s. 490.012 of the Criminal Code, R.S.C. 1985, c. C-46, for a further three months, to January 29, 2024; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2023-10-25 | Submission of motion to extend time, CJ Ka Côt Row Mar Kas Ja | |
| 2023-10-17 | Response to motion to extend time, (Letter Form), Completed on: 2023-10-19 | Eugene Ndhlovu |
| 2023-10-17 | Response to motion to extend time, (Letter Form), Completed on: 2023-10-17 | His Majesty the King |
| 2023-10-16 | Response to motion to extend time, (Book Form), Completed on: 2023-10-19, (Printed version filed on 2023-10-23) | Canadian Civil Liberties Association |
| 2023-10-16 | Correspondence received from, Matthew R. Gourlay, Re: will be new counsel on file | Canadian Civil Liberties Association |
| 2023-10-04 | Motion to extend time, (Book Form), of the suspension of the declaration of constitutional invalidity with respect to section 490.013(2.1) of the Criminal Code, Completed on: 2023-10-05 | Attorney General of Canada |
| 2022-10-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2022-10-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2022-10-28 |
Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1803-0111-A, 2020 ABCA 307, dated September 3, 2020, heard on February 8, 2022, is allowed. The judgment of the Court of Appeal is set aside. Sections 490.012 and 490.013(2.1) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms and cannot be saved under s. 1. Sections 490.012 and 490.013(2.1) are declared of no force or effect. The declaration in respect of s. 490.012 is suspended for one year and applies prospectively. The appellant is exempted from the suspension of the declaration. The declaration in respect of s. 490.013(2.1) is immediate and applies retroactively. Wagner C.J. and Moldaver, Côté and Brown JJ. dissent in part Allowed |
|
| 2022-03-11 |
Transcript received, 157 Pages required: paper copies (rec'd 2022-03-25 / reçu 2022-03-25) |
|
| 2022-02-08 | General proceeding, Case Sensitivity Questionnaire | His Majesty the King |
| 2022-02-08 | General proceeding, Case Sensitivity Questionnaire | Eugene Ndhlovu |
| 2022-02-08 | Judgment reserved OR rendered with reasons to follow | |
| 2022-02-08 |
Hearing of the appeal, 2022-02-08, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved |
|
| 2022-02-03 | Certificate (on limitations to public access), 23B - Condensed Book | Eugene Ndhlovu |
| 2022-02-03 | Appellant's condensed book, (Book Form), (Printed version filed on 2022-02-07) | Eugene Ndhlovu |
| 2022-02-03 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2022-02-02 | Correspondence (sent by the Court) to, Zoom information and registration links sent to parties | |
| 2022-01-20 |
Notice of appearance, 2022-01-07 Eugene Ndhlovu (Appellant) Elvis Iginla will appear before the Court and will present oral argument. 2022-01-11 Her Majesty the Queen (Respondent) Jason R. Russell will appear before the Court and will present oral argument. 2022-01-11 Attorney General of BC Lesley A. Ruzicka, Q.C. will appear before the Court and will present oral argument. 2022-01-11 Procureur général du QC Me Sylvain Leboeuf and Me Julie Dassylva will appear before the Court. Me Leboeuf will present oral argument. 2022-01-11 Attorney General of Ontario Michael S. Dunn will appear before the Court and will present oral argument. 2022-01-12 Canadian Civil Liberties Association Christine Mainville and Carly Peddle will appear before the Court. Mainville will present oral argument. 2022-01-12 HIV & AIDS Legal Clinic Ontario and HIV Legal Network Matthew R. Gourlay, Ryan Peck and Robin Nobleman will appear before the Court. Gourlay will present oral argument. 2022-01-14 Mobile Legal Clinic Donald Tremblay will appear before the Court and will present oral argument. 2022-01-17 Association québécoise des avocats et avocates de la défense (AQAAD) Me Stéphanie Pelletier-Quirion will appear before the Court and will present oral argument. 2022-01-18 Criminal Lawyers' Association (Ontario) Mark Halfyard will appear before the Court and will present oral argument. 2022-01-19 Attorney General of Canada Jeffrey Johnston will appear before the Court and will present oral argument. 2022-01-14 Attorney General of Nova Scotia Counsel will not be appearing at the hearing |
Eugene Ndhlovu |
| 2022-01-14 | Correspondence (sent by the Court) to, Letter of directions relating to upcoming hearing | |
| 2021-12-06 | Intervener's book of authorities, (Book Form), Completed on: 2022-01-27, (Electronic version due on 2021-12-13) | Mobile Legal Clinic |
| 2021-11-23 | Intervener's factum, (Book Form), Completed on: 2021-11-29, (Printed version filed on 2021-11-25) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-11-23 | Intervener's factum, (Book Form), require : proof of service (rec'd 2021-12-06), Completed on: 2022-01-27, (Printed version due on 2021-11-30) | Mobile Legal Clinic |
| 2021-11-23 | Intervener's factum, (Book Form), Completed on: 2021-11-29, (Printed version filed on 2021-11-25) | Canadian Civil Liberties Association |
| 2021-11-23 | Intervener's factum, (Book Form), Completed on: 2021-11-29, (Printed version filed on 2021-11-23) | Criminal Lawyers' Association (Ontario) |
| 2021-11-23 | Intervener's factum, (Book Form), Completed on: 2021-11-29, (Printed version filed on 2021-11-24) | Association québécoise des avocats et avocates de la défense (AQAAD) |
| 2021-11-19 | Notice of change of counsel, (Book Form), (Printed version filed on 2021-12-01) | Mobile Legal Clinic |
| 2021-11-10 | Order on motion to extend time, by the Acting Registrar (sent electronically to parties) | |
| 2021-11-10 |
Decision on motion to extend time, DeRg, UPON APPLICATION by the respondent, Her Majesty the Queen, for an order extending the time to serve and file their factum to October 14, 2021 and, for an order granting oral argument at the hearing of the appeal, pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2021-11-10 | Submission of motion to extend time, DeRg | |
| 2021-11-08 | Notice of hearing sent to parties, (sent electronically) | |
| 2021-11-08 |
Appeal hearing scheduled, 2022-02-08 Judgment reserved |
|
| 2021-11-03 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-03) | Attorney General of Canada |
| 2021-11-02 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-02) | Attorney General of British Columbia |
| 2021-11-02 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-02) | Attorney General of Nova Scotia |
| 2021-11-01 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Printed version filed on 2021-11-02) | Attorney General of Quebec |
| 2021-10-29 | Intervener's factum - AG on constitutional question, (Book Form), Completed on: 2021-11-09, (Electronic version filed on 2021-11-04) | Attorney General of Ontario |
| 2021-10-29 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-10-14 | Motion to extend time, (Book Form), Completed on: 2021-10-27, (Printed version filed on 2021-10-14) | His Majesty the King |
| 2021-10-14 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-10-21) | His Majesty the King |
| 2021-10-14 | Respondent's factum, (Book Form), require: motion for extension of time (rec'd 2021-10-14), Completed on: 2021-10-27, (Printed version filed on 2021-10-14) | His Majesty the King |
| 2021-10-12 | Order on motion to extend time, by KARAKATSANIS J. | |
| 2021-10-12 |
Decision on motion to extend time, See order on the motions leave to intervene ., Ka Granted |
|
| 2021-10-12 | Submission of motion to extend time, Ka | |
| 2021-10-12 | Order on motion for leave to intervene, by KARAKATSANIS J. | |
| 2021-10-12 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Criminal Lawyers’ Association (Ontario); the Canadian Civil Liberties Association; the HIV & AIDS Legal Clinic Ontario and the HIV Legal Network (jointly); the Mobile Legal Clinic; and the Association québécoise des avocats et avocates de la défense (AQAAD) for leave to intervene in the above appeal; AND UPON APPLICATION by the Association québécoise des avocats et avocates de la défense (AQAAD) for an order extending the time to serve and file their motion for leave to intervene; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time filed by the Association québécoise des avocats et avocates de la défense (AQAAD) is granted. The motions for leave to intervene are granted and the said five (5) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before November 23, 2021. The said five (5) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The said interveners or groups of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties, and may not address s. 12 of the Canadian Charter of Rights and Freedoms in their submissions. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions. AND IT IS HEREBY FURTHER ORDERED THAT: The Attorney General of Canada, the Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of Nova Scotia and the Attorney General of British Columbia are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2021-10-12 | Submission of motion for leave to intervene, Ka | |
| 2021-10-01 | Notice of name, (Letter Form), (Printed version due on 2021-10-08) | Association québécoise des avocats et avocates de la défense (AQAAD) |
| 2021-09-29 | Response to motion to extend time, (Letter Form), Missing: Proof of Service (rec' 10/04/21), Completed on: 2021-10-04, (Printed version due on 2021-10-07) | Eugene Ndhlovu |
| 2021-09-23 | Response to motion to extend time, (Letter Form), Completed on: 2021-09-27, (Printed version due on 2021-10-01) | His Majesty the King |
| 2021-09-23 | Motion to extend time, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2021-10-01) | Association québécoise des avocats et avocates de la défense (AQAAD) |
| 2021-09-15 | Response to the motion for leave to intervene, (Letter Form), Missing: Proof of Service for CJI, Incomplete, (Printed version filed on 2021-09-16) | His Majesty the King |
| 2021-09-09 | Motion for leave to intervene, (Book Form), Missing: Notice of Name-Form 14 (rec' 09/30/21), Filing Fee (rec' 09/16/21), Motion for Extension of Time (rec' 09/23/21), Completed on: 2021-10-04, (Printed version filed on 2021-09-20) | Association québécoise des avocats et avocates de la défense (AQAAD) |
| 2021-09-08 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-09-10) | Mobile Legal Clinic |
| 2021-09-08 | Notice of name, (Letter Form), (Printed version filed on 2021-09-10) | Mobile Legal Clinic |
| 2021-09-08 | Motion for leave to intervene, (Letter Form), Missing: Filing Fee (rec' 09/16/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-10) | Mobile Legal Clinic |
| 2021-09-08 | Notice of name, (Letter Form), (Printed version filed on 2021-09-13) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-09-08 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/16/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-13) | HIV & AIDS Legal Clinic Ontario and HIV Legal Network |
| 2021-09-08 | Notice of name, (Letter Form), (Printed version filed on 2021-09-13) | Canadian Civil Liberties Association |
| 2021-09-08 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/16/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-13) | Canadian Civil Liberties Association |
| 2021-09-08 | Notice of name, (Letter Form), (Printed version filed on 2021-09-21) | Criminal Lawyers' Association (Ontario) |
| 2021-09-08 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/20/21), Completed on: 2021-09-20, (Printed version filed on 2021-09-21) | Criminal Lawyers' Association (Ontario) |
| 2021-08-11 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-08-11 | Certificate (on limitations to public access), (Letter Form), 23B - Factum, Record, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-08-11 | Appellant's record, (Book Form), (3 volumes), Completed on: 2021-08-11, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-08-11 | Appellant's factum, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-07-14 | Notice of intervention respecting a constitutional question, (Book Form), require: proof of service upon appellant (rec'd 2021-08-11), Completed on: 2021-08-11, (Printed version due on 2021-07-21) | Attorney General of Canada |
| 2021-07-14 | Notice of intervention respecting a constitutional question, (Book Form), Completed on: 2021-08-11, (Printed version due on 2021-07-21) | Attorney General of Quebec |
| 2021-07-14 | Notice of intervention respecting a constitutional question, (Book Form), require: proof of service upon AGO, Incomplete, (Printed version due on 2021-07-21) | Attorney General of British Columbia |
| 2021-07-14 | Notice of intervention respecting a constitutional question, (Book Form), require: proof of service upon AGO, Incomplete, (Printed version due on 2021-07-21) | Attorney General of Nova Scotia |
| 2021-07-09 | Notice of intervention respecting a constitutional question, (Book Form), Completed on: 2021-08-11, (Printed version due on 2021-07-16) | Attorney General of Ontario |
| 2021-06-16 | Certificate (on limitations to public access), (Letter Form), Form 23B - Notice, (Printed version due on 2021-06-23) | Eugene Ndhlovu |
| 2021-06-16 | Notice of constitutional question(s), (Letter Form), Completed on: 2021-07-07, (Printed version filed on 2021-08-11) | Eugene Ndhlovu |
| 2021-06-16 |
Notice of appeal, (Letter Form), Submitted with the notice: - CA order - CA reasons, Completed on: 2021-07-07, (Printed version filed on 2021-08-11) |
Eugene Ndhlovu |
| 2021-05-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-05-20 | Judgment on leave sent to the parties | |
| 2021-05-20 |
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 of Alberta (Edmonton), Number 1803-0111-A, 2020 ABCA 307, dated September 3, 2020, is granted. Granted |
|
| 2021-04-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-02-04 | Certificate (on limitations to public access), Form 23B - Reply | Eugene Ndhlovu |
| 2021-02-04 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-04-16, (Printed version due on 2021-02-11) | Eugene Ndhlovu |
| 2021-02-01 | Certificate (on limitations to public access), Form 23B | His Majesty the King |
| 2021-02-01 | Certificate (on limitations to public access), Form 23A - Require: correction needed (rec'd 2021-04-16) | His Majesty the King |
| 2021-02-01 |
Respondent's response on the application for leave to appeal, (Letter Form), Require : - Proof of service (rec'd 2021-04-16), - discrepancies on Form 23A (rec'd 2021-04-16), Completed on: 2021-04-16, (Printed version due on 2021-02-08) |
His Majesty the King |
| 2021-01-15 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2021-01-08 | Certificate (on limitations to public access), (Letter Form), 23B-Application, (Printed version due on 2021-01-15) | Eugene Ndhlovu |
| 2021-01-08 | Certificate (on limitations to public access), (Letter Form), 23A-Application, (Printed version due on 2021-01-15) | Eugene Ndhlovu |
| 2021-01-08 | Application for leave to appeal, (Book Form), Completed on: 2021-01-08, (Printed version filed on 2021-01-08) | Eugene Ndhlovu |
| 2020-11-13 | Order on motion to quash, by THE COURT | |
| 2020-11-13 |
Decision on the motion to quash the appeal, UPON APPLICATION by the respondent for an order quashing the notice of appeal filed on October 1, 2020, from the judgment of the Court of Appeal of Alberta, Number 1803-0111-A, 2020 ABCA 307, dated September 3, 2020; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to quash is granted. Eugene Ndhlovu shall be entitled to serve and file an application for leave to appeal pursuant to s. 40 of the Supreme Court Act, R.S.C. 1985, c. S-26, within sixty (60) days of the date of this order Granted |
|
| 2020-11-13 | Submission of motion to quash | |
| 2020-10-29 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-10-29, (Printed version due on 2020-11-05) | Attorney General of Quebec |
| 2020-10-26 | Certificate (on limitations to public access), (Letter Form), 23B-Response to Motion | Eugene Ndhlovu |
| 2020-10-26 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2020-10-26, (Printed version due on 2020-11-02) | Attorney General of Ontario |
| 2020-10-23 | Letter acknowledging receipt of a notice of appeal | |
| 2020-10-23 | Response to the motion to quash, (Letter Form), 23B missing-rec'd 2020/10/26, Completed on: 2020-10-26 | Eugene Ndhlovu |
| 2020-10-16 | Certificate (on limitations to public access), (Letter Form), 23B | His Majesty the King |
| 2020-10-16 | Certificate (on limitations to public access), 23A-Amended 23A rec'd 2020/10/30 | His Majesty the King |
| 2020-10-16 | Motion to quash, (Book Form), Completed on: 2020-10-16 | His Majesty the King |
| 2020-10-01 | Certificate (on limitations to public access), (Letter Form), 23B | Eugene Ndhlovu |
| 2020-10-01 | Certificate (on limitations to public access), (Letter Form), 23A | Eugene Ndhlovu |
| 2020-10-01 | Notice of constitutional question(s), (Letter Form), Completed on: 2020-10-01 | Eugene Ndhlovu |
| 2020-10-01 | Notice of appeal, Completed on: 2020-10-01 | Eugene Ndhlovu |
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 |
|---|---|---|
| Ndhlovu, Eugene | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
| Attorney General of Nova Scotia | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| HIV & AIDS Legal Clinic Ontario and HIV Legal Network | Intervener | Active |
| Mobile Legal Clinic | Intervener | Active |
| Association québécoise des avocats et avocates de la défense (AQAAD) | Intervener | Active |
Counsel
Party: Ndhlovu, Eugene
Counsel
Elvis Iginla
Iginla & Company
9602 - 82 Avenue
Edmonton, Alberta
T5K 1A1
Telephone: (780) 423-1234
FAX: (780) 423-3535
Email: elvis@iginla.ca
9602 - 82 Avenue
Edmonton, Alberta
T5K 1A1
Telephone: (780) 423-1234
FAX: (780) 423-3535
Email: elvis@iginla.ca
Agent
Moira S. Dillon
Supreme Law Group
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
Jason R. Russell
Attorney General of Alberta
Appeals Unit, Justice and Solicitor General
3rd Floor, 9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jason.russell@gov.ab.ca
Appeals Unit, Justice and Solicitor General
3rd Floor, 9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jason.russell@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
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
Michael S. Dunn
Attorney General of Ontario
Crown Law Office - Criminal Division
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.dunn@ontario.ca
Crown Law Office - Criminal Division
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.dunn@ontario.ca
Party: Attorney General of Quebec
Counsel
Sylvain Leboeuf
Julie Dassylva
Julie Dassylva
Ministère de la Justice du Québec
Direction du droit constitutionnel et autochtone
1200, route de l'Église, 4e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: sylvain.leboeuf@justice.gouv.qc.ca
Direction du droit constitutionnel et autochtone
1200, route de l'Église, 4e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: sylvain.leboeuf@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Nova Scotia
Counsel
Glenn Hubbard
Nova Scotia Public Prosecution Service
700-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-6034
FAX: (902) 424-8440
Email: Glenn.Hubbard@novascotia.ca
700-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-6034
FAX: (902) 424-8440
Email: Glenn.Hubbard@novascotia.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
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
Lesley A. Ruzicka, K.C.
Attorney General of British Columbia
Prosecution Service
600 – 865 Hornby Street
Vancouver, British Columbia
V6Z 1J4
Telephone: (778) 974-5156
FAX: (250) 387-4262
Email: lesley.ruzicka@gov.bc.ca
Prosecution Service
600 – 865 Hornby Street
Vancouver, British Columbia
V6Z 1J4
Telephone: (778) 974-5156
FAX: (250) 387-4262
Email: lesley.ruzicka@gov.bc.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Diba B. Majzub
Jeffrey G. Johnston
Jeffrey G. Johnston
Attorney General of Canada
Department of Justice Canada - BC Regional Office
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 367-8745
FAX: (604) 666-1585
Email: diba.majzub@justice.gc.ca
Department of Justice Canada - BC Regional Office
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 367-8745
FAX: (604) 666-1585
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Christopher Rupar
Attorney General of Canada
Department of Justice Canada
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
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Email: christopher.rupar@justice.gc.ca
Department of Justice Canada
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Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
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Email: christopher.rupar@justice.gc.ca
Party: Criminal Lawyers' Association (Ontario)
Counsel
Mark C. Halfyard
Daniel Brown Law LLP
103 Church Street, Suite 400
Toronto, Ontario
M5C 2G3
Telephone: (416) 297-7200 Ext: 102
Email: halfyard@danielbrownlaw.ca
103 Church Street, Suite 400
Toronto, Ontario
M5C 2G3
Telephone: (416) 297-7200 Ext: 102
Email: halfyard@danielbrownlaw.ca
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Marie-France Major
Supreme Advocacy LLP
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Email: mfmajor@supremeadvocacy.ca
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Party: Canadian Civil Liberties Association
Counsel
Christine Mainville
Carly Peddle
Carly Peddle
Henein Hutchison Robitaille LLP
235 King Street East, 1st Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: cmainville@hhllp.ca
235 King Street East, 1st Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
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Email: cmainville@hhllp.ca
Party: HIV & AIDS Legal Clinic Ontario and HIV Legal Network
Counsel
Matthew R. Gourlay
Ryan Peck
Robin Nobleman
Ryan Peck
Robin Nobleman
Henein Hutchison Robitaille LLP
235 King Street East
First Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mgourlay@hhllp.ca
235 King Street East
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Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
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Email: mgourlay@hhllp.ca
Party: Mobile Legal Clinic
Counsel
Donald Tremblay
Clinique juridique itinérante / Mobile Legal Clinic
10 332, rue Laverdure
Montréal, Quebec
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Party: Association québécoise des avocats et avocates de la défense (AQAAD)
Counsel
Hugo Caissy
Stéphanie Pelletier-Quirion
Stéphanie Pelletier-Quirion
Caissy et Pelletier-Quirion, avocats (ad hoc)
49, boul. St-Benoît Est, bureau 5
Amqui, Quebec
G5J 2B8
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49, boul. St-Benoît Est, bureau 5
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G5J 2B8
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Agent
Paul Charlebois
Charlebois-Swanston, Gagnon, avocats
166 rue Wellington
Gatineau, Quebec
J8X 2J4
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FAX: (819) 770-0712
Email: pcharlebois@csgavocats.com
166 rue Wellington
Gatineau, Quebec
J8X 2J4
Telephone: (819) 770-4888 Ext: 105
FAX: (819) 770-0712
Email: pcharlebois@csgavocats.com
Summary
Keywords
Charter of Rights - Right to life, liberty and security of the person - Criminal law - Registration of sex offenders - Whether ss. 490.012 and 490.013(2.1) of the Criminal Code violate s. 7 of the Charter - If so, whether the violation can be saved under s. 1 of the Charter - Sections 490.012 and 490.013(2.1) of the Criminal Code, R.S.C. 1985, c. C-46 - Sections 1 and 7 of the Canadian Charter of Rights and Freedoms.
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)
The appellant pled guilty to two charges of sexual assault, contrary to s. 271 of the Criminal Code, R.S.C. 1985, c. C-46. The assaults had been committed against two complainants during the course of a party. The sentencing judge found the appellant was at low risk to reoffend, and sentenced him to six months of imprisonment and three years of probation. The appellant challenged the constitutionality of ss. 490.012 and 490.013(2.1) of the Criminal Code, which require him to register and report for life under the Sex Offender Information Registration Act, S.C. 2004, c. 10, as a result of his convictions for more than one designated offence. The sentencing judge held that ss. 490.012 and 490.013(2.1) violate s. 7 of the Charter and cannot be saved under s. 1, and declared the sections to be of no force or effect.
The Crown appealed the sentencing judge’s declaration of unconstitutionality. The majority of the Court of Appeal for Alberta allowed the appeal, holding that the sentencing judge had erred in finding that the appellant had established a deprivation of his right to life, liberty or security of the person under s. 7 of the Charter. Khullar J.A., dissenting, would have dismissed the appeal and upheld the sentencing judge’s decision.
Lower court rulings
October 24, 2016
Court of Queen’s Bench of Alberta
110548831Q1, 2016 ABQB 595
Court of Queen’s Bench of Alberta
110548831Q1, 2016 ABQB 595
Sections 490.012 and 490.013(2.1) of the Criminal Code infringe s. 7 of the Charter.
April 9, 2018
Court of Queen’s Bench of Alberta
110548831Q1, 2018 ABQB 277
Court of Queen’s Bench of Alberta
110548831Q1, 2018 ABQB 277
The infringement to s. 7 is not justified under s. 1 of the Charter; ss. 490.012 and 490.013(2.1) of the Criminal Code are of no force or effect.
September 3, 2020
Court of Appeal of Alberta (Edmonton)
1803-0111-A; 2020 ABCA 307
Court of Appeal of Alberta (Edmonton)
1803-0111-A; 2020 ABCA 307
Crown appeal allowed; declaration that ss. 490.012 and 490.013(2.1) of the Criminal Code are of no force or effect set aside.
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Date modified: 2025-03-06