Case information
Consult our database for details on a Supreme Court of Canada case.
30969
Eric Justin Sinclair 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) |
|---|---|---|
| 2005-11-29 | Close file on Leave | |
| 2005-11-18 | General proceeding, Transcription received, Oral hearing on leave application (18 pages) | Eric Justin Sinclair |
| 2005-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-14 | Judgment on leave sent to the parties | |
| 2005-11-10 |
Judgment of the Court on the application for leave to appeal, After hearing the parties on the leave application on November 7, 2005, the application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR04-30-05954, 2005 MBCA 41, dated April 6, 2005, is dismissed. Dismissed |
|
| 2005-11-07 | Judgment reserved OR rendered with reasons to follow | |
| 2005-11-07 | Hearing of the application for leave to appeal, Ba LeB De | |
| 2005-10-21 | Correspondence received from, Robert Frater - Notice of appearance advising that François Lacasse will be present at the hearing. | Her Majesty the Queen |
| 2005-10-13 | All materials on application for leave submitted to the Judges, (for oral hearing on leave application), Ba LeB De | |
| 2005-10-13 | Correspondence (sent by the Court) to, All parties with copy of the Oct. 13/05 Order | |
| 2005-10-13 |
Order by, CJ Bi Cha, WHEREAS section 43(1.2) of the Supreme Court Act provides that, on request of the applicant, the Court shall order an oral hearing to determine an application for leave to appeal from a judgment of a court of appeal setting aside an acquittal of an indictable offence and ordering a new trial; WHEREAS the applicant requested an oral hearing in his notice of application for leave to appeal; IT IS HEREBY ORDERED AS FOLLOWS: The order of the Court dated October 6, 2005, dismissing the application for leave to appeal is set aside. An oral hearing of the application for leave to appeal is ordered. (The hearring is scheduled for November 7, 2005) Oral hearing ordered, no order as to costs |
|
| 2005-10-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-07 | Judgment on leave sent to the parties | |
| 2005-10-06 |
Order by, CJ Bi Cha, The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR04-30-05954, 2005 MBCA 41, dated April 6, 2005, is dismissed. Dismissed |
|
| 2005-09-02 | Correspondence received from, Justice Canada re: change of counsel as of Sept. 6/05 from Robert Maertens to Rodney G. Garson (by e-mail) | Her Majesty the Queen |
| 2005-08-08 |
All materials on application for leave submitted to the Judges, 2005-11-07, CJ Bi Cha Decision reserved |
|
| 2005-06-27 | Respondent's response on the application for leave to appeal, Completed on: 2005-06-27 | Her Majesty the Queen |
| 2005-06-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-06-02 | Application for leave to appeal, A/C Order missing - Rec'd June 20, 2005, Completed on: 2005-06-20 | Eric Justin Sinclair |
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 |
|---|---|---|
| Sinclair, Eric Justin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Sinclair, Eric Justin
Counsel
Antonio G. Cellitti
668 Cordyon Avenue
Winnipeg, Manitoba
R3M 0X7
Telephone: (204) 949-7700
FAX: (204) 452-0922
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Her Majesty the Queen
Counsel
301 - 310 Broadway
Winnipeg, Manitoba
R3C 0S6
Telephone: (204) 983-4164
FAX: (204) 984-1350
Email: robert.maertens@justice.gc.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
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.
After observing an interaction between the driver of a car and another man in a parking lot, police officers followed the car and checked its license plate. The check drew a blank, so they stopped the car. The driver had no identification and said he was driving while his license was suspended. An officer asked him to step out of the car and, as he stepped out, the officer observed two balls of tin foil on the driver's seat and a cell phone ringing in the car. He suspected the foil packets contained drugs. He conducted a pat-down search and seized some cash. He opened the foil packets and found a cocaine-like substance. He then arrested the driver for trafficking cocaine and possession of proceeds of crime. The seized substance was cocaine. The trial judge held the search and seizure violated s. 8 of the Charter. He excluded the evidence and acquitted the driver. The Court of Appeal set aside the acquittals and ordered a new trial. At issue is the validity of the arrest and the admissibility of the evidence.
Lower court rulings
Court of Queen’s Bench of Manitoba
04-01-24957
Applicant acquitted of possession of cocaine for the purposes of trafficking contrary to s.5(2) of the Controlled Drugs and Substances Act, 1996 c. 19 and possessionof proceeds of crime contrary to s. 354 of the Criminal Code R.S. 1985, c. C-46
Court of Appeal of Manitoba
AR04-30-05954, 2005 MBCA 41
Appeal allowed; Acquittal set aside and new trial ordered
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