Case information
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30493
S.G.H. v. Board of Trustees of Calgary School District 19, also known as The Calgary School Board
(Alberta) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-03-20 | Close file on Leave | |
| 2005-01-21 | Judgment on leave sent to the parties | |
| 2005-01-20 |
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 (Calgary), Number 01-00147, 2004 ABCA 186, dated June 2, 2004, is dismissed with costs. Dismissed, with costs |
|
| 2004-12-06 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2004-10-12 | Applicant's reply to respondent's argument, Completed on: 2004-10-12 | S.G.H. |
| 2004-10-01 | Respondent's response on the application for leave to appeal, Completed on: 2004-10-01 | Board of Trustees of Calgary School District 19, also known as The Calgary School Board |
| 2004-09-27 | Correspondence received from, Deanna Steblyk re: in the process of settling the C/A Order. | S.G.H. |
| 2004-09-13 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2004-09-01 | Application for leave to appeal, (C/A Order rec'd Sept. 29/04 - service rec'd Sept.13), Completed on: 2004-09-29 | S.G.H. |
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 |
|---|---|---|
| S.G.H. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Board of Trustees of Calgary School District 19, also known as The Calgary School Board | Respondent | Active |
Counsel
Party: S.G.H.
Counsel
3000, 400 - 4th Avenue SW
Calgary, Alberta
T2P 0J4
Telephone: (403) 698-8707
FAX: (403) 698-8720
Email: rcalvert@davis.ca
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Board of Trustees of Calgary School District 19, also known as The Calgary School Board
Counsel
2600 Manulife Place
10180 101st Street
Edmonton, Alberta
T5J 3Y2
Telephone: (780) 420-4740
FAX: (780) 428-6304
Email: mkinash@bryanco.com
Summary
Keywords
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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.
Canadian Charter - Criminal - Criminal Law - Detention - Evidence - Roadblocks to investigate and prevent crime - Whether the common law authorizes, and the Charter permits, the police to set up a roadblock to fulfill their statutory and common law duties, including to protect life and ensure safety, and, if so, in what circumstances - If so, does the common law also authorize, and the Charter permit, a “protective search” of people detained and a search of motor vehicles stopped at the roadblock and, if so, in what circumstances - If so, were these powers properly exercised in this case? - If the answers are no, does s. 24(2) of the Charter permit a consideration, on the basis of no evidence, of an “institutional failure” of police service to train its officers on the ancillary powers doctrine as a rationale for exclusion.
Police responded to a gun call alerting them that about ten men had been seen in a parking lot and four were carrying illegal handguns. The dispatcher described four cars associated with the men. The club’s parking lot had only two exits. Two constables blocked the rear exit of the parking lot. Troy Farmer and Wendell Clayton approached the roadblock in Farmer’s vehicle. His car did not match the vehicle descriptions given to the police. Farmer and Clayton were stopped, questioned and removed from Farmer’s vehicle. Clayton fled and was apprehended. Both men were arrested, searched, and found to be carrying handguns. The Court of Appeal held that a roadblock is a profound interference with the individual liberties of an indeterminate number of people and may only be used to investigate and prevent crime if there are reasonable grounds to suspect that a serious crime has been committed and a roadblock may apprehend the perpetrator and allowed the appeals against conviction.
Lower court rulings
Court of Queen’s Bench of Alberta
9401 06714
Respondent school board not vicariously liable for assault committed by teacher
Court of Appeal of Alberta (Calgary)
01-00147, 2004 ABCA 186
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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