Case information
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31644
Tele-Mobile Company (a.k.a. Telus Mobility) v. Her Majesty the Queen (Ontario), 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) |
|---|---|---|
| 2008-04-01 | Appeal closed | |
| 2008-03-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-03-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-03-28 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Ontario Court of Justice, Numbers 4911-998-04-06559 and 4817-998-04-06559, dated September 20, 2006, heard on December 13, 2007, is dismissed. Dismissed |
|
| 2008-01-03 | Transcript received, (96 pages) | |
| 2007-12-13 | Judgment reserved OR rendered with reasons to follow | |
| 2007-12-13 | Intervener's condensed book, (submitted in Court) (14 copies) | Canadian Association of Chiefs of Police |
| 2007-12-13 | Respondent's condensed book, (joint) (submitted in Court) (14 copies) | Her Majesty the Queen (Ontario) |
| 2007-12-13 | Intervener's condensed book, (submitted in Court) (14 copies) | Canadian Bankers Association |
| 2007-12-13 | Appellant's condensed book, (submitted in Court) (14 copies) | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-12-13 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2007-12-13 |
Hearing of the appeal, 2007-12-13, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-12-07 | Notice of appearance, Paul J. Martin & Charles A. Toth will be present at the hearing | Canadian Bankers Association |
| 2007-12-07 | Notice of appearance, David Migikovsky & Margaret R. Truesdale will be present at the hearing | Canadian Association of Chiefs of Police |
| 2007-12-07 | Notice of appearance, Robert Frater & Janet Henchey will be present at the hearing | Her Majesty the Queen (Canada) |
| 2007-12-06 | Notice of appearance, Brigitte Bussières & Gilles Laporte will be present at the hearing | Attorney General of Quebec |
| 2007-12-06 | Notice of appearance, Gordon Comer & Trevor Shaw will be present at the hearing | Attorney General of British Columbia |
| 2007-12-06 | Notice of appearance, Randy Schwartz & Joseph Perfetto will be present at the hearing | Her Majesty the Queen (Ontario) |
| 2007-11-19 |
Order by, Ro, FURTHER TO THE ORDER dated October 3, 2007, in which Rothstein J. granted leave to intervene to the Canadian Association of Chiefs of Police, the Attorney General of Quebec, the Canadian Bankers Association and the Attorney General of British Columbia; 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 |
|
| 2007-11-19 | Notice of appearance, Frank Addario, Paul Burstein and Ethan Poskanzer will be present at the hearing. | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-11-16 | Intervener's book of authorities, Completed on: 2007-11-16 | Attorney General of British Columbia |
| 2007-11-16 | Intervener's factum, Completed on: 2007-11-16 | Attorney General of British Columbia |
| 2007-11-16 | Intervener's book of authorities, Completed on: 2007-11-16 | Canadian Association of Chiefs of Police |
| 2007-11-16 | Intervener's factum, Completed on: 2007-11-16 | Canadian Association of Chiefs of Police |
| 2007-11-16 | Intervener's book of authorities, Completed on: 2007-11-16 | Attorney General of Quebec |
| 2007-11-16 | Intervener's factum, Completed on: 2007-11-16 | Attorney General of Quebec |
| 2007-11-16 | Intervener's book of authorities, Completed on: 2007-11-16 | Canadian Bankers Association |
| 2007-11-16 | Intervener's factum, Completed on: 2007-11-16 | Canadian Bankers Association |
| 2007-11-08 | Correspondence received from, Frank Addario dated Oct-31-07 re: enclosing changes to appellant's record - sent to the Judges Nov-15-07. | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-10-24 | Correspondence received from, R. Frater, dated Oct. 24, 07 (by fax) re: Mr. Rahman is no longer acting as counsel, R. Frater is counsel as well as agent | Her Majesty the Queen (Canada) |
| 2007-10-04 | Letter sent to Intervener(s) | |
| 2007-10-03 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2007-10-03 |
Decision on the motion for leave to intervene, Ro, The motion for leave to intervene of the Canadian Association of Chiefs of Police is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 16, 2007. The motion for leave to intervene of the Attorney General of Quebec is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 16, 2007. The motion for leave to intervene of the Canadian Bankers Association is granted in part and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 16, 2007. The motion to append to its factum the affidavit of R. Warren Law is dismissed. The motion for leave to intervene of the Attorney General of British Columbia is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 16, 2007. To the extent the interests are similar, interveners shall consult to avoid repetition. 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) the interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Granted |
|
| 2007-10-03 | Submission of motion for leave to intervene, Ro | |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-12-13 Judgment reserved |
|
| 2007-08-17 | Order on motion to extend time | |
| 2007-08-17 |
Decision on motion to extend time, to serve and file the respondents', Her Majesty the Queen in Right of Canada and Her Majesty the Queen in Right of Ontario, joint book of authorities to Aug. 1/07, Reg Granted |
|
| 2007-08-14 | Submission of motion to extend time, Reg | |
| 2007-08-14 | Response to motion to extend time, (Letter Form), from A. Raven dated Aug. 14/07 (by fax), Completed on: 2007-08-14 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-08-07 | Appeal perfected for hearing | |
| 2007-08-01 | Motion to extend time, to serve and file a joint book of authorities to Aug. 1/07 (book form), Completed on: 2007-08-01 | Her Majesty the Queen (Ontario) |
| 2007-08-01 | Respondent's book of authorities, (joint Book of Author.) (2 volumes), Completed on: 2007-08-01 | Her Majesty the Queen (Canada) |
| 2007-07-27 | Reply to the motion for leave to intervene, (Letter Form), from Gordon Comer dated July 26/07, Completed on: 2007-07-27 | Attorney General of British Columbia |
| 2007-07-27 | Respondent's factum, Completed on: 2007-07-27 | Her Majesty the Queen (Ontario) |
| 2007-07-27 | Respondent's factum, Completed on: 2007-07-27 | Her Majesty the Queen (Canada) |
| 2007-07-24 | Response to the motion for leave to intervene, (Letter Form), from Frank Addario dated July 23/07 (by all interveners), Completed on: 2007-07-24 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-07-18 | Correspondence received from, Paul Burstein dated July 18, 2007 (fax copy) re: will be filing a response to the interventions by Can. Bankers Ass. and Can. Ass. of Chiefs of Police by July 23, 2007 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-07-16 | Reply to the motion for leave to intervene, (Letter Form), from Paul J. Martin dated July 16/07, Completed on: 2007-07-16 | Canadian Bankers Association |
| 2007-07-09 | Response to the motion for leave to intervene, (Letter Form), from Robert Frater dated July 9/07 (by Can. Bankers Ass.), Completed on: 2007-07-09 | Her Majesty the Queen (Canada) |
| 2007-07-09 | Response to the motion for leave to intervene, (Letter Form), from Randy Schwartz dated July 9/07 (by Can. Bankers Ass.), Completed on: 2007-07-09 | Her Majesty the Queen (Ontario) |
| 2007-07-04 | Response to the motion for leave to intervene, e-mail from Robert Frater dated June 29/07 (by the Can. Ass. of Chiefs of Police), Completed on: 2007-07-04 | Her Majesty the Queen (Canada) |
| 2007-06-29 | Motion for leave to intervene, (bookform), Completed on: 2007-06-29 | Canadian Bankers Association |
| 2007-06-29 | Motion for leave to intervene, Completed on: 2007-07-03 | Attorney General of Quebec |
| 2007-06-29 | Motion for leave to intervene, Completed on: 2007-06-29 | Attorney General of British Columbia |
| 2007-06-28 | Motion for leave to intervene, 3 copies - book form, Completed on: 2007-06-28 | Canadian Association of Chiefs of Police |
| 2007-06-05 | Order on motion to extend time | |
| 2007-06-05 |
Decision on motion to extend time, to serve and file the appellant's factum and book of authorities to June 1/07, Reg Granted |
|
| 2007-06-05 | Submission of motion to extend time, Reg | |
| 2007-06-01 | Appellant's book of authorities, (extension of time filed), Completed on: 2007-06-01 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-06-01 | Appellant's factum, (extension of time filed), Completed on: 2007-06-01 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-06-01 | Response to motion to extend time, joint with motion, Completed on: 2007-06-01 | Her Majesty the Queen (Canada) |
| 2007-06-01 | Response to motion to extend time, joint with motion, Completed on: 2007-06-01 | Her Majesty the Queen (Ontario) |
| 2007-06-01 | Motion to extend time, to serve and file the factum and book of authorities to June 1/07, Completed on: 2007-06-01 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-05-23 | Appellant's record, (Vol. I to VII) Service rec'd May 23/07, Completed on: 2007-05-25 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-03-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-03-01 | Notice of appeal, Completed on: 2007-03-01 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2007-02-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-02-02 | Judgment on leave sent to the parties | |
| 2007-02-01 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Ontario Court of Justice, Numbers 4911 998 04 06559 and 4817 998 04 06559, dated June 19, 2006, is granted. Granted |
|
| 2007-02-01 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2006-11-27 | All materials on application for leave submitted to the Judges, CJ Cha Ro | |
| 2006-11-27 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cha Ro | |
| 2006-11-03 |
Order by, the respondent, the Attorney General of Canada, extending the time to serve and file its response to Oct. 31/06, Reg Granted |
|
| 2006-10-31 | Respondent's response on the application for leave to appeal, Completed on: 2006-10-31 | Her Majesty the Queen (Canada) |
| 2006-10-31 | Supplemental document, consent to extension of time for the A. G. of Canada to file the response | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2006-10-31 | Supplemental document, motion to extend time to serve and file the response to Oct. 31/06 | Her Majesty the Queen (Canada) |
| 2006-10-19 | Response to the motion to extend the time to file and / or serve the leave application, Included in the response, Completed on: 2006-10-19 | Her Majesty the Queen (Ontario) |
| 2006-10-19 | Respondent's response on the application for leave to appeal, Completed on: 2006-10-19 | Her Majesty the Queen (Ontario) |
| 2006-10-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-27 | Motion to extend the time to file and or serve the application for leave to appeal, (included in leave application), Completed on: 2006-09-27 | Tele-Mobile Company (a.k.a. Telus Mobility) |
| 2006-09-27 | Application for leave to appeal, Completed on: 2006-09-27 | Tele-Mobile Company (a.k.a. Telus Mobility) |
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 |
|---|---|---|
| Tele-Mobile Company (a.k.a. Telus Mobility) | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen (Ontario) | Respondent | Active |
| Her Majesty the Queen (Canada) | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Association of Chiefs of Police | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Canadian Bankers Association | Intervener | Active |
| Attorney General of Quebec | Intervener | Active |
Counsel
Party: Tele-Mobile Company (a.k.a. Telus Mobility)
Counsel
Frank Addario
Ethan Poskanzer
127 John Street
Toronto, Ontario
M5V 2E2
Telephone: (416) 204-1825
FAX: (416) 204-1849
Email: paul@127 john.com
Agent
1600 - 220 Laurier Ave West
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 567-2901
FAX: (613) 567-2921
Email: araven@ravenlaw.com
Party: Her Majesty the Queen (Ontario)
Counsel
Moiz Rahman
Joseph Perfetto
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4586
FAX: (416) 326-4656
Email: randy.schwartz@ontario.ca
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 (Canada)
Counsel
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 948-3003
FAX: (613) 957-8412
Email: janet.henchey@justice.gc.ca
Agent
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Canadian Association of Chiefs of Police
Counsel
Lynda A. Bordeleau
Margaret R. Truesdale
1400 - 340 Albert Street
Ottawa, Ontario
K1P 1E2
Telephone: (613) 566-2833
FAX: (613) 238-8775
Party: Attorney General of British Columbia
Counsel
Trevor Shaw
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6G 2G3
Telephone: (604) 660-1143
FAX: (604) 660-3433
Email: gordon.comer@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Bankers Association
Counsel
Charles A. Toth
Toronto Dominion Bank Tower
Box 20, Suite 4200
Toronto, Ontario
M5K 1N6
Telephone: (416) 366-8381
FAX: (416) 364-7813
Email: pmartin@tor.fasken.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Attorney General of Quebec
Counsel
Brigitte Bussières
1200 Rte de l'Église
2e Étage
Ste-Foy, Quebec
G1V 4M1
Telephone: (418) 643-1477
FAX: (418) 644-7030
Email: glaporte@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.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.
Criminal law - Statutes - Interpretation - Telus Mobility ordered to produce records to aid police investigations - Whether s. 487.012(4) of the Criminal Code allows a judge or justice that issues a production order to require police to pay reasonable compensation to the person or entity named in the order as one of the “terms and conditions” of the order - Must the entity or person named in the order show that lack of compensation would cause it significant harm before a court can find that compliance with a production order would be “unreasonable” within the meaning of s. 487.015(4)(b)?
Amendments to the Criminal Code that came into force in September 2004, allow a judge or justice of the peace to order a third party to produce documents or data for use in police investigations. Anyone named in a production order can apply to a judge for an exemption from the order. There are three grounds for exemption, including where “it is unreasonable to require the applicant to produce the document, data or information.”
Telus Mobility, a large telecommunications service provider, sought exemptions for two production orders — one made in a murder investigation and one made in an Ontario Provincial Police investigation. Telus based its objection on the grounds that it was unreasonable due to the cost of complying with the production orders. The application was treated as a test case. Vaillancourt J. of the Ontario Court of Justice dismissed the application for an exemption.
Lower court rulings
Ontario Court of Justice
4817 998 04 06559, 4911 998 04 06559
Applicants' motion to be exempted pursuant to s. 487.015 of the Criminal Code from compliance with Production Orders issued by Justices of the Peace dismissed
Ontario Court of Justice
4817-998-04-06559, 4911-998-04-06559
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 613‑996‑7933 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
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 613‑996‑7933 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.
Downloadable PDFs
Not available