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.
30437
Angel Acres Recreation & Festival Property Ltd. v. Her Majesty the Queen, et al.
(British Columbia) (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) |
|---|---|---|
| 2006-11-27 | Close file on Leave | |
| 2006-11-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-11-24 | Judgment on leave sent to the parties | |
| 2006-11-23 |
Decision on motion to extend time to file and /or serve the leave application, The application for an extension of time to apply for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA032082, 2006 BCCA 285, dated June 13, 2006, is dismissed. Dismissed |
|
| 2006-10-23 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-10-23 | Submission of motion to extend time to file and/ or serve the leave application, Bi De Abe | |
| 2006-09-13 | Respondent's response on the application for leave to appeal, Completed on: 2006-09-14 | Attorney General of British Columbia |
| 2006-09-12 | Respondent's response on the application for leave to appeal, Completed on: 2006-09-12 | Organized Crime Agency of British Columbia |
| 2006-08-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-08-14 | Application for leave to appeal, Completed on: 2006-08-14 | Angel Acres Recreation & Festival Property Ltd. |
| 2006-07-19 | Correspondence received from, R. Peck dated July 19, 2006 (fax copy) re: will file the application for leave to appeal by August 14, 2006 (original received July 21, 2006) | Angel Acres Recreation & Festival Property Ltd. |
| 2006-03-30 | Correspondence received from, R. Peck, dated Mar. 30/06; hearing in B.C.C.A. set for May 8/06 | Angel Acres Recreation & Festival Property Ltd. |
| 2004-09-21 | Correspondence (sent by the Court) to, re: motion will be held in abeyance | |
| 2004-08-19 | Response to the motion to extend the time to file and / or serve the leave application, (e-mail) fr. Karen Collins, Completed on: 2004-08-19 | Organized Crime Agency of British Columbia |
| 2004-08-16 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), from John M. Gordon dated July 15/04, Completed on: 2004-08-16 | Attorney General of British Columbia |
| 2004-07-09 | Notice of application for leave to appeal, (included in extension of time) | Angel Acres Recreation & Festival Property Ltd. |
| 2004-07-09 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2004-07-09 | Angel Acres Recreation & Festival Property Ltd. |
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 |
|---|---|---|
| Angel Acres Recreation & Festival Property Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Attorney General of British Columbia | Respondent | Active |
| Organized Crime Agency of British Columbia | Respondent | Active |
Counsel
Party: Angel Acres Recreation & Festival Property Ltd.
Counsel
Eric V. Gottardi
610 - 744 West Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: rpeck@peckandcompany.ca
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Her Majesty the Queen
Counsel
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-0460
FAX: (604) 660-1050
Email: mark.levitz@gov.bc.ca
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General of British Columbia
Counsel
John M. Gordon
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Organized Crime Agency of British Columbia
Counsel
P.O. Box 297
2343 Boulding Road
Mill Bay, British Columbia
V0R 2P0
Telephone: (250) 743-8200
FAX: (250) 743-7045
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Criminal law - Evidence - Disclosure - Constitutional law - Charter of Rights - Search and seizure - Dissemination of information obtained through a search warrant - Whether the Court erred in failing to protect the Applicant’s privacy rights and rights guaranteed by section 8 of the Canadian Charter of Rights and Freedoms by refusing to enjoin the Respondent Agency from disseminating anything seized from the property to any other party or for the purposes of any investigation other than that specified in the warrant to search until the validity of it had been upheld - Whether the Court erred in centring its analysis on the Ontario Provincial Police making an application pursuant to section 490(15) of the Criminal Code, R.S.C. 1985 c. C-46 - Whether the Court erred in taking judicial notice of the “fact” that the Hells Angels Motorcycle Club is involved in organized crime at a provincial, national and international level.
The Applicant is the registered owner of the Nanaimo clubhouse of the Hells Angels, where a search authorized by warrant under s. 498 of the Criminal Code, R.S.C. 1985, c. C-46 was carried out. Various documents and items were seized and held by the Respondent Agency. The Ontario Police wanted to examine the seized documents in connection with a prosecution involving a Hells Angels gang member in Ontario. The Applicant brought an application for an order prohibiting the dissemination of the information, arguing that the materials cannot be used by the Ontario Police for an offence not specified in the search warrant, cannot be used in an unrelated prosecution, and cannot be viewed without the police showing reasonable and probable grounds for doing so. The BCSC dismissed the application. An appeal was filed on July 6, 2004, however when no steps were taken to advance it, it was placed on the inactive list and then dismissed as abandoned by operation of s. 25(5) of the Court of Appeal Act, R.S.B.C. 1996, c. 77. The Applicant later brought a motion to reinstate the appeal.
Lower court rulings
Supreme Court of British Columbia
56310-1
Interim application to restrain the Organized Crime Agency of BC from disseminating information gathered at Applicant's premises, dismissed;
Court of Appeal for British Columbia (Vancouver)
CA032082
Motion to reinstate appeal dismissed for lack of jurisdiction to hear the appeal
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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