Case information
Consult our database for details on a Supreme Court of Canada case.
39231
Daniel John Kupchik v. Her Majesty the Queen
(Manitoba) (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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2020-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-10-30 | Judgment on leave sent to the parties | |
| 2020-10-29 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR19-30-09222, 2020 MBCA 26, dated February 25, 2020, is dismissed. Dismissed |
|
| 2020-10-29 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2020-09-21 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-09-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-09-08 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2020-09-08 | Daniel John Kupchik |
| 2020-08-27 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2020-08-27 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2020-08-27 | Her Majesty the Queen |
| 2020-07-03 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2020/07/03 | |
| 2020-06-23 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Request for extension of time (due to COVID-19) included in Part V of the Memorandum of Arguments., Completed on: 2020-10-21 | Daniel John Kupchik |
| 2020-06-23 | Certificate (on limitations to public access), (Letter Form) | Daniel John Kupchik |
| 2020-06-23 | Application for leave to appeal, (Book Form), required: amendment to section of law cited in Notice (rec' 09/21/20), Completed on: 2020-09-22 | Daniel John Kupchik |
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 |
|---|---|---|
| Kupchik, Daniel John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Kupchik, Daniel John
Counsel
Winnipeg, Manitoba
R3C 0P3
Telephone: (204) 889-0123
FAX: (204) 480-4181
Email: kate@ksmithlaw.com
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
Party: Her Majesty the Queen
Counsel
515-2234 Donald Street
Winnipeg, Manitoba
R3C 1M8
Telephone: (204) 983-4184
FAX: (204) 984-1350
Email: alana.parashin@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 of Rights and Freedoms — Search and seizure — Police corroboration of informant’s tip — Whether the rise of social media and the introduction of vast amounts of personal information about Canadians into the public domain has altered the nature of the corroboration required to issue a search warrant solely based upon an informer’s allegation — Whether stale and/or unproven propensity evidence can serve as corroboration of an informer’s allegation?
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.
A confidential informant tipped police that Mr. Kupchik was dealing marihuana from his home and was in possession of several pounds of marihuana. The police obtained a warrant, searched Mr. Kupchik’s residence and garage, and found 81.75 pounds of cannabis, drug trafficking paraphernalia, firearms and other weapons. Mr. Kupchik challenged the search warrant. The trial judge dismissed the challenge, admitted the evidence, and convicted Mr. Kupchik of possession of cannabis for the purposes of trafficking and other offences. The Court of Appeal dismissed an appeal.
Lower court rulings
Court of Queen’s Bench of Manitoba
CR16-01-35728 ;
Conviction for possession of cannabis for the purpose of trafficking
Court of Appeal of Manitoba
2020 MBCA 26 ;, AR19-30-09222 ;
Appeal dismissed
Filed documents
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 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 613-996-8666 or at 1-844-365-9662.
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
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 613-996-8666 or at 1-844-365-9662.
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available