Case information
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30943
Her Majesty the Queen v. Wendell Clayton, et al.
(Ontario) (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) |
|---|---|---|
| 2007-07-10 | Appeal closed | |
| 2007-07-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-07-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-07-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-07-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-07-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-07-06 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C36722 and C37990, dated March 18, 2005, heard on June 19, 2006, is allowed and the respondents' convictions restored. Allowed |
|
| 2006-07-10 | Transcript received, (106 pages) | |
| 2006-06-19 | Judgment reserved OR rendered with reasons to follow | |
| 2006-06-19 | Respondent's condensed book, Submitted in Court (14 copies) | Wendell Clayton |
| 2006-06-19 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-06-19 |
Hearing of the appeal, 2006-06-19, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-06-09 | Notice of appearance, Joyce DeWitt-Van Oosten will be present at the hearing. | Attorney General of British Columbia |
| 2006-06-09 | Notice of appearance, Michal Fairburn and Lisa Joyal will be present at the hearing. | Her Majesty the Queen |
| 2006-06-05 | Notice of appearance, Greg Preston and Bonnie Bokenfohr will be present at the hearing. | Canadian Association of Chiefs of police |
| 2006-06-05 | Notice of appearance, Jonathan C. Lisus and Christopher A. Wayland will be present at the hearing. | Canadian Civil Liberties Association |
| 2006-06-01 | Notice of appearance, Heather McArthur and Mara Greene will be present at the hearing. | Wendell Clayton |
| 2006-05-31 | Notice of appearance, Deepak Paradkar, Faisel Mirza and S. Jay Passi will be present at the hearing. | Troy Farmer |
| 2006-05-29 | Notice of appearance, Robert W. Hubbard and Marian E. Bryant will be present at the hearing. | Attorney General of Canada |
| 2006-05-23 |
Order by, F, FURTHER TO THE ORDERS of Fish J. dated March 14 and April 20, 2006, granting leave to intervene to the Canadian Association of Chiefs of Police, the Attorney General of Canada, the Attorney General of British Columbia, the Canadian Civil Liberties Association and the Criminal Lawyers' Association (Ontario); IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-05-19 | Book of authorities, Completed on: 2006-05-19 | Canadian Civil Liberties Association |
| 2006-05-19 | Intervener's factum, (CD rec'd June 2/06), Completed on: 2006-06-05 | Canadian Civil Liberties Association |
| 2006-05-19 | Book of authorities, Completed on: 2006-05-19 | Attorney General of British Columbia |
| 2006-05-19 | Intervener's factum, Completed on: 2006-05-19 | Attorney General of British Columbia |
| 2006-05-19 | Book of authorities, Completed on: 2006-05-19 | Criminal Lawyers' Association (Ontario) |
| 2006-05-19 | Intervener's factum, (CD rec'd May 25/06), Completed on: 2006-05-25 | Criminal Lawyers' Association (Ontario) |
| 2006-05-18 | Book of authorities, Completed on: 2006-05-18 | Attorney General of Canada |
| 2006-05-18 | Intervener's factum, (New CD rec'd May 30, 2006), Completed on: 2006-05-30 | Attorney General of Canada |
| 2006-05-12 | Order on motion to amend | |
| 2006-05-12 |
Decision on motion to amend, the respondent, Troy Farmer's, factum (footnote corrections), Reg Granted |
|
| 2006-05-11 | Submission of motion to amend, Reg | |
| 2006-05-08 | Respondent's factum, (Amended Factum) (sent to the judges May 12/06), Completed on: 2006-05-08 | Troy Farmer |
| 2006-05-08 | Response to motion to amend, (Letter Form), Respondent Troy Farmer's factum, Completed on: 2006-05-08 | Her Majesty the Queen |
| 2006-05-08 | Response to motion to amend, (Letter Form), Respondent Troy Farmer's factum, Completed on: 2006-05-08 | Wendell Clayton |
| 2006-05-08 | Motion to amend, Respondent's factum Troy Farmer, Completed on: 2006-05-08 | Troy Farmer |
| 2006-05-01 | Respondent's book of authorities, Replced Index on June 15, 2006., Completed on: 2006-05-01 | Troy Farmer |
| 2006-05-01 | Respondent's factum, (see amended factum filed on May 8/06), Completed on: 2006-05-01 | Troy Farmer |
| 2006-05-01 | Respondent's book of authorities, service to follow - Rec'd on May 5, 2006, Completed on: 2006-05-05 | Wendell Clayton |
| 2006-05-01 | Respondent's factum, CD rec'd May 3/06 - New CD rec'd May 10/06, Completed on: 2006-05-10 | Wendell Clayton |
| 2006-04-27 | Order on motion to extend time, Revised May 1/06 (BY FISH J.) | |
| 2006-04-27 |
Decision on motion to extend time, F, to file the factum and book of authorities of the intervener Canadian Association of Chiefs of Police to Apr. 18/06 (Revised May 1/06) Granted |
|
| 2006-04-27 | Submission of motion to extend time, F | |
| 2006-04-26 | Response to motion to extend time, (Letter Form), from Burke-Robertson re: consent rec'd by email, Completed on: 2006-04-26 | Her Majesty the Queen |
| 2006-04-26 | Correspondence received from, Joyce DeWitt-Van Oosten dated April 26, 2006. Re: Change of counsel | Attorney General of British Columbia |
| 2006-04-25 | Response to motion to extend time, (Letter Form), from Ed Van Bemmel re: consent rec'd by email, Completed on: 2006-04-25 | Wendell Clayton |
| 2006-04-20 | Letter sent to Intervener(s) | |
| 2006-04-20 | Order on motion for leave to intervene | |
| 2006-04-20 |
Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 19, 2006. The motion for leave to intervene of the applicant, Attorney General of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 19, 2006. The motion for leave to intervene of the applicant, Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 19, 2006. The motion for leave to intervene of the applicant, Criminal Lawyers' Association (Ontario), is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 19, 2006. The motion for leave to intervene of the applicant, African Canadian Legal Clinic, is dismissed. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be 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 intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions. Granted |
|
| 2006-04-19 | Response to motion to extend time, (Letter Form), from Henry S. Brown, Q.C. dated Apr. 19/06, Completed on: 2006-04-19 | Troy Farmer |
| 2006-04-18 | Motion to extend time, to file the factum and authorities to April 18, 2006 (6 copies - book form), Completed on: 2006-04-18 | Canadian Association of Chiefs of police |
| 2006-04-18 | Book of authorities, Completed on: 2006-04-18 | Canadian Association of Chiefs of police |
| 2006-04-18 | Intervener's factum, Completed on: 2006-04-19 | Canadian Association of Chiefs of police |
| 2006-04-18 | Appeal perfected for hearing | |
| 2006-04-12 | Submission of motion for leave to intervene, F | |
| 2006-04-12 | Correspondence received from, Greg Preston dated Apr. 12/06 re: factum and authorities will be late and filed with an extension of time | Canadian Association of Chiefs of police |
| 2006-04-12 | Response to the motion for leave to intervene, (Letter Form), from Gowlings re: no position to the intervention of AGBC (by email), Completed on: 2006-04-12 | Wendell Clayton |
| 2006-04-11 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated Apr. 10/06 re: oppose the intervention of AGBC, Completed on: 2006-04-11 | Troy Farmer |
| 2006-04-11 | Order on motion to extend time | |
| 2006-04-11 |
Decision on motion to extend time, to serve and file the respondent, Troy Farmer, factum and book of authorities to May 1/06, Reg Granted |
|
| 2006-04-11 | Order on motion to extend time | |
| 2006-04-11 |
Decision on motion to extend time, to serve and file the respondent, Wendell Clayton, factum and book of authorities to May 1/06, Reg Granted |
|
| 2006-04-11 | Submission of motion to extend time, Reg | |
| 2006-04-10 | Response to motion to extend time, e-mail from Burke-Robertson dated Apr. 10/06 (to both respondents), Completed on: 2006-04-10 | Her Majesty the Queen |
| 2006-04-07 | Motion to extend time, to file the factum, record and authorities to May 1, 2006, Completed on: 2006-04-07 | Troy Farmer |
| 2006-04-07 | Motion to extend time, to file the factum and authorities to May 1, 2006, Completed on: 2006-04-07 | Wendell Clayton |
| 2006-04-04 | Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated April 4, 2006 (e-mail) re: intervention by A.G. B.C., Completed on: 2006-04-04 | Her Majesty the Queen |
| 2006-04-04 | Motion for leave to intervene, (joint with extension of time), Completed on: 2006-04-04 | Attorney General of British Columbia |
| 2006-03-29 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2006-03-29 | Wendell Clayton |
| 2006-03-28 | Reply to the motion for leave to intervene, (Letter Form), (original rec'd Apr. 3/06), Completed on: 2006-03-28 | African Canadian Legal Clinic |
| 2006-03-28 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2006-03-28 | Troy Farmer |
| 2006-03-24 | Response to the motion for leave to intervene, (Letter Form), from M. Fairburn dated March 24, 2006 (fax copy) re: intervention by Canadian Civil Liberties Ass., Completed on: 2006-03-24 | Her Majesty the Queen |
| 2006-03-24 | Response to the motion for leave to intervene, (Letter Form), from M. Fairburn dated March 24, 2006 (fax copy) re: intervention by Criminal Lawyers' Ass., Completed on: 2006-03-24 | Her Majesty the Queen |
| 2006-03-24 | Response to the motion for leave to intervene, (Letter Form), from M. Fairburn dated March, 24 2006 (fax copy) re: intervention by ACLC, Completed on: 2006-03-24 | Her Majesty the Queen |
| 2006-03-23 | Order on motion to adjourn the hearing of the appeal, (BY CHIEF JUSTICE) | |
| 2006-03-23 |
Decision on motion to adjourn the hearing of the appeal, CJ, UPON APPLICATION by the respondent, Wendell Clayton, for an order adjourning the hearing of the above mentioned appeal scheduled for Thursday, May 18, 2006; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The appeal shall be heard on Monday, June 19, 2006. Granted |
|
| 2006-03-23 | Response to the motion for leave to intervene, (Letter Form), from H. Stoqua dated March 23, 2006 (e-mail) re: intervention by Criminal Lawyers' Ass., Completed on: 2006-03-23 | Wendell Clayton |
| 2006-03-22 | Response to the motion for leave to intervene, (Letter Form), from Mr. Fairburn re: consent to AGC's motion (cc. to all parties by email Mar. 22/06), Completed on: 2006-03-22 | Her Majesty the Queen |
| 2006-03-21 | Motion for leave to intervene, (book form), Completed on: 2006-03-21 | Criminal Lawyers' Association (Ontario) |
| 2006-03-21 | Motion for leave to intervene, from McCarthy Tétrault, Completed on: 2006-03-21 | Canadian Civil Liberties Association |
| 2006-03-17 | Motion for leave to intervene, Completed on: 2006-03-17 | African Canadian Legal Clinic |
| 2006-03-16 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2006-03-16 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), from H. Brown dated March 15, 2006 (fax copy), Completed on: 2006-03-16 | Troy Farmer |
| 2006-03-15 | Letter sent to Intervener(s) | |
| 2006-03-15 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated March 14, 2006 (fax copy) re: responding to 3 interventions, Completed on: 2006-03-15 | Wendell Clayton |
| 2006-03-14 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2006-03-14 |
Decision on the motion for leave to intervene, F, The motion for leave to intervene of the applicant, Canadian Association of Chiefs of Police, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before April 13, 2006. The motion for leave to intervene of the applicant, Aboriginal Legal Services of Toronto Inc., is dismissed. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be 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 intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their interventions. Allowed in part |
|
| 2006-03-14 | Submission of motion for leave to intervene, F | |
| 2006-03-14 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), (consent to a date in June), Completed on: 2006-03-14 | Her Majesty the Queen |
| 2006-03-14 | Motion to adjourn the hearing of the appeal, Draft Order requested, Completed on: 2006-03-23 | Wendell Clayton |
| 2006-03-13 | Reply to the motion for leave to intervene, Completed on: 2006-03-13 | Aboriginal Legal Services of Toronto Inc. |
| 2006-03-10 | Motion for leave to intervene, Completed on: 2006-03-10 | Attorney General of Canada |
| 2006-03-10 | Notice of hearing sent to parties | |
| 2006-03-10 |
Appeal hearing scheduled, 2006-06-19, (previously May 18/06) Judgment reserved |
|
| 2006-03-08 | Response to the motion for leave to intervene, (Letter Form), from Gowlings dated March 8/06 (by ALST), Completed on: 2006-03-08 | Troy Farmer |
| 2006-03-07 | Response to the motion for leave to intervene, (Letter Form), from Michal Fairburn dated March 7/06 (by ALST), Completed on: 2006-03-07 | Her Majesty the Queen |
| 2006-03-02 | Discontinuance of motion to extend time, (Letter Form), to serve and file the appellant's material | Her Majesty the Queen |
| 2006-03-01 | Motion for leave to intervene, book form - 3 copies, Completed on: 2006-03-01 | Aboriginal Legal Services of Toronto Inc. |
| 2006-03-01 | Response to motion to extend time, (Letter Form), from Gowlings dated Feb. 28/06 re: consent to App's ext. of time. (cc. to all parties), Completed on: 2006-03-01 | Troy Farmer |
| 2006-02-23 | Response to motion to extend time, e-mail from Gowlings dated Feb. 23/06, Completed on: 2006-02-23 | Wendell Clayton |
| 2006-02-22 | Response to the motion for leave to intervene, (Letter Form), from M. Fairburn to Burke-Robertson dated Feb. 22, 2006 (fax copy), Completed on: 2006-02-22 | Her Majesty the Queen |
| 2006-02-21 | Motion to extend time, to file the factum, record and authorities to Feb. 21, 2006, Completed on: 2006-02-21 | Her Majesty the Queen |
| 2006-02-21 | Appellant's book of authorities, (Vol. I and II), Completed on: 2006-02-21 | Her Majesty the Queen |
| 2006-02-21 | Appellant's record, (Vol. I and II), Completed on: 2006-02-21 | Her Majesty the Queen |
| 2006-02-21 | Appellant's factum, Completed on: 2006-02-21 | Her Majesty the Queen |
| 2006-02-20 | Motion for leave to intervene, 3 copies - book form, Completed on: 2006-02-22 | Canadian Association of Chiefs of police |
| 2005-12-19 | Notice of appeal, service rec'd Jan. 3/06, Completed on: 2006-01-04 | Her Majesty the Queen |
| 2005-11-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2005-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-18 | Judgment on leave sent to the parties | |
| 2005-11-17 |
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 for Ontario, Numbers C36722 and C37990, dated March 18, 2005, is granted. Granted |
|
| 2005-10-11 | All materials on application for leave submitted to the Judges, Ma F Abe | |
| 2005-09-20 | Order on motion to extend time | |
| 2005-09-20 |
Decision on motion to extend time, to serve and file the respondent, Wendell Clayton, response to Sept. 19/05, DeRg Granted |
|
| 2005-09-20 | Submission of motion to extend time, DeRg | |
| 2005-09-19 | Response to motion to extend time, (included in motion), Completed on: 2005-09-19 | Her Majesty the Queen |
| 2005-09-19 | Motion to extend time, to serve and file the response to Sept. 19/05 ($50.00 rec'd Sept. 20/05), Completed on: 2005-09-20 | Wendell Clayton |
| 2005-09-19 | Respondent's response on the application for leave to appeal, Completed on: 2005-09-19 | Wendell Clayton |
| 2005-06-17 | Correspondence received from, H. A. McArthur (by fax) re: waiting for Legal Aid Ontario to file a response with an extension of time | Wendell Clayton |
| 2005-06-16 | Respondent's response on the application for leave to appeal, Completed on: 2005-06-17 | Troy Farmer |
| 2005-06-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-06-14 | Order on miscellaneous motion | |
| 2005-06-14 |
Decision on the miscellaneous motion, permitting the filing of a single application for leave to appeal, Reg Granted |
|
| 2005-06-14 | Submission of miscellaneous motion, Reg | |
| 2005-06-13 | Response to miscellaneous motion, e-mail from Heather McArthur dated June 13/05, Completed on: 2005-06-13 | Wendell Clayton |
| 2005-05-30 | Correspondence received from, M. Fairburn dated May 30, 2005 Re: missing pages - 2 pages replaced in leave book with service | Her Majesty the Queen |
| 2005-05-26 | Correspondence received from, M. Fairburn dated May 24/05 re: typos in the memorandum - 4 pages replaced in leave book with service | Her Majesty the Queen |
| 2005-05-26 | Notice of miscellaneous motion, to file a single leave application for two appeals from the Court of Appeal, Completed on: 2005-05-26 | Her Majesty the Queen |
| 2005-05-17 | Application for leave to appeal, (Notice and Certificate Form 25B replaced in leave books on May 30/05), Completed on: 2005-05-30 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Clayton, Wendell | Respondent | Active |
| Farmer, Troy | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Association of Chiefs of police | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Lisa Joyal
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Clayton, Wendell
Counsel
Mara Greene
20 Dundas Street West
Suite 1130
Toronto, Ontario
M5G 2G8
Telephone: (416) 597-8873
FAX: (416) 977-8513
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Farmer, Troy
Counsel
Faisal Mirza
S. Jay Passi
Thornhill, Ontario
L3T 1G4
Telephone: (416) 224-2245
FAX: (905) 707-5790
Email: triallawyer@rogers.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Canadian Association of Chiefs of police
Counsel
Bonnie Bokenfohr
Legal Advisors' Section
9620 - 103A Avenue
Edmonton, Alberta
T5H 0H7
Telephone: (780) 421-2633
FAX: (780) 421-2867
Email: greg.preston@edmontonpolice.ca
Agent
90 Sparks Street
Ottawa, Ontario
K1P 1E2
Telephone: (613) 238-2022
FAX: (613) 238-8775
Party: Attorney General of Canada
Counsel
Marian E. Bryant
Frank Au
Exchange Tower, P.O. Box 36
2400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9042
FAX: (416) 973-8253
Email: robert.hubbard@jus.gov.on.ca
Agent
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Canadian Civil Liberties Association
Counsel
Christopher A. Wayland
Suite 4700
Toronto-Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7848
FAX: (416) 868-0673
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Criminal Lawyers' Association (Ontario)
Counsel
Jonathan Dawe
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6446
FAX: (416) 591-7333
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of British Columbia
Counsel
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (250) 387-0284
FAX: (250) 387-4262
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.
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
Ontario Superior Court of Justice
CRIM J(P) 5040/00
Respondents' application to exclude handguns from evidence at their trial dismissed
Ontario Superior Court of Justice
Respondents connvicted of multiple firearms offences. convictions for carrying a concealed weapon and possessing a loaded prohibited firearm contrary to s. 90(1) and s. 95(1) of the Crominal Code respectively allowed to stand; other convictions stayed
Court of Appeal for Ontario
C36722, C37990
Appeals against convictions allowed
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 613‑996‑7933 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
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 613‑996‑7933 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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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 613‑996‑7933 or at 1‑888‑551‑1185.
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.
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