Case information
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34107
Rodney Tingley, et al. v. Her Majesty the Queen
(New Brunswick) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-07-08 | Close file on Leave | |
| 2011-07-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-07-08 | Judgment on leave sent to the parties | |
| 2011-07-07 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Numbers 120-10-CA and 121-10-CA, 2011 NBCA 8, dated January 27, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2011-07-07 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2011-06-06 | All materials on application for leave submitted to the Judges, LeB F Cro | |
| 2011-06-06 | Submission of motion to extend time to file and/ or serve the leave application, LeB F Cro | |
| 2011-04-27 | Correspondence received from, Robert E. Houston, Q.C. dated April 27/11 re: confirming no materials filed are subject to the publication ban (by e-mail) | Rodney Tingley |
| 2011-04-20 | Correspondence received from, Gowlings dated April 20/11 re: ban and confirming nothing sealed in the leave application (by e-mail) | Her Majesty the Queen |
| 2011-03-29 | Correspondence received from, Ménard & Co., dated March 29/11, by fax, Re: no final CA Order will be issued | Rodney Tingley |
| 2011-03-25 | Applicant's reply to respondent's argument, Completed on: 2011-03-25 | Rodney Tingley |
| 2011-03-23 | Respondent's response on the application for leave to appeal, Completed on: 2011-03-23 | Her Majesty the Queen |
| 2011-03-15 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2011-03-02 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application with a motion to expedite the application), Completed on: 2011-03-02 | Rodney Tingley |
| 2011-03-02 | Application for leave to appeal, Final CA Order missing (amended Form 25B rec'd March 15/11) No Final CA Order will be issued, Completed on: 2011-03-29 | Rodney Tingley |
| 2011-02-10 | Notice of application for leave to appeal, (Trial Court reasons rec'd Feb. 25/11), Completed on: 2011-02-10 | Rodney Tingley |
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 |
|---|---|---|
| Tingley, Rodney | Applicant | Active |
| Tingley, Roger | Applicant | Active |
| Tingley, Michael | Applicant | Active |
| Tingley, Christopher | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Tingley, Rodney
Counsel
44 Capitol Avenue
Moncton, New Brunswick
E1C 6P8
Telephone: (506) 204-4635
FAX: (506) 204-2194
Email: alison.menard@menardco.com
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Tingley, Roger
Counsel
Charters Settlement, New Brunswick
E3C 1Y3
Telephone: (506) 451-0022
FAX: (506) 451-2200
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Tingley, Michael
Counsel
6 Braden Street
Riverview, New Brunswick
E1B 4T8
Telephone: (506) 387-5011
FAX: (506) 387-2012
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Tingley, Christopher
Counsel
Saint-John, New Brunswick
E2L 2G3
Telephone: (506) 657-6989
FAX: (506) 693-6216
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
Michel Bertrand
520 King Street, 6th floor
P.O. Box 6000 station A
Fredericton, New Brunswick
E3B 5H1
Telephone: (506) 453-2784
FAX: (506) 453-5364
Email: kathryn.gregory@gnb.ca
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
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 of Rights and Freedoms Criminal law — Appeals — Whether the Court of Appeal erred in adjourning the interlocutory appeal of a non-disclosure order under the Canada Evidence Act until the conclusion of the underlying trial rather than hearing the appeal immediately — Whether the decision to adjourn the appeal violates the applicants right to full answer and defence — Canadian Charter of Rights and Freedoms s. 11(d) — Canada Evidence Act, R.S.C. 1985, c. C 5, s. 37.1.
The applicants were charged with being members of or participating in the activities of an alleged criminal organization. They were also variously charged with other offences related to the criminal organization including charges of possession of controlled substances for the purpose of trafficking, trafficking in controlled substances, several conspiracy charges and Firearms Act offences.
During the investigation, the Crown obtained authorizations to intercept private communications and search warrants to gather evidence upon which the charges are based. To obtain these warrants and authorizations, police relied on information obtained from confidential informants. The applicants sought disclosure of documents and/or portions of documents that had been redacted by the Crown prior to having been disclosed to them as well as other files related to the matter. The Crown objected pursuant to s. 37(1) of the Canada Evidence Act to the production of any of the undisclosed or redacted information sought by the applicants.
Lower court rulings
Court of Queen’s Bench of New Brunswick
M/1/0007/09, 2010 NBQB 284
Crown motion for non-disclosure due to informant privilege pursuant to s. 37 of the Canada Evidence Act allowed
Court of Appeal of New Brunswick
120-10-CA, 121-10-CA, 2011 NBCA 8
Appeal adjourned until the trial in the underlying criminal matter has concluded
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
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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