Case information
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35500
Matthew Engel v. Detective Bill Allen (Reg. No. 1535) also known as Detective William Allen
(Alberta) (Civil) (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) |
|---|---|---|
| 2013-12-17 | Close file on Leave | |
| 2013-12-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-12-06 | Judgment on leave sent to the parties | |
| 2013-12-05 |
Decision on motion to add or substitute parties, see judgment Dismissed |
|
| 2013-12-05 |
Judgment of the Court on the application for leave to appeal, The motions of Rod Knecht, Chief of the Edmonton Police Service and the Alberta Law Enforcement Review Board to be added as parties are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0224-AC, 2013 ABCA 187, dated May 31, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-11-12 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2013-11-12 | Submission of motion to add or substitute parties, Abe Ro Mo | |
| 2013-10-02 | Correspondence received from, letter from Colleen Bauman, agent for the applicant re correction to the style of cause 2013-10-02. | Matthew Engel |
| 2013-10-01 | Motion to add or substitute parties, (Book Form), to add the Alberta Law Enforcement Review Board., Completed on: 2013-10-03 | Alberta Law Enforcement Review Board |
| 2013-09-27 | Response to motion to add or substitute parties, Completed on: 2013-09-27 | Detective Bill Allen (Reg. No. 1535) also known as Detective William Allen |
| 2013-09-26 | Motion to add or substitute parties, (Book Form), to add Rod Knecht, chief of police of the Edmonton police service., Completed on: 2013-09-26 | Rod Knecht, Chief of Police of the Edmonton Police Service |
| 2013-09-24 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service to come. Received 2013-09-25., Completed on: 2013-09-24 | Detective Bill Allen (Reg. No. 1535) also known as Detective William Allen |
| 2013-09-04 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2013-08-30 | Application for leave to appeal, (Book Form), Court of Appeal Order missing - filed 2013-11-29, Completed on: 2013-11-29 | Matthew Engel |
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 |
|---|---|---|
| Engel, Matthew | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Detective Bill Allen (Reg. No. 1535) also known as Detective William Allen | Respondent | Active |
Counsel
Party: Engel, Matthew
Counsel
Wentworth Bldg.
200-10209 97 Street N.W.
Edmonton, Alberta
T5J 0L6
Telephone: (780) 448-3639
FAX: (780) 448-4924
Email: erika_norheim@engelbrubaker.com
Agent
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Detective Bill Allen (Reg. No. 1535) also known as Detective William Allen
Counsel
Liam C. Kelly
2500-10303 Jasper Avenue N.W.
Edmonton, Alberta
T5J 3N6
Telephone: (780) 442-4411
FAX: (780) 424-9370
Email: rsabells@abellsregan.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
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.
Administrative law – Discipline of police officer – Whether Presiding Officer’s correctly found that a strip search conducted by the respondent police officer was an unlawful or unnecessary exercise of authority – Test to determine whether a warrantless strip search was reasonable – Meaning of “reasonable and probable grounds” in context of a strip search – Role of police service policy in determining whether a strip search was reasonable.
The respondent police officer and his partner encountered the complainant smoking marijuana in an alley behind a hotel. The complainant was uncooperative and refused a frisk search. He was arrested for possession of a controlled substance, taken to a police station, and directed by the respondent to remove his clothing down to his underwear. The complainant complied and the respondent searched the complainant’s clothing. The respondent testified that the purpose of the search was to see if the complainant was in possession of more drugs. The respondent acknowledged that he had no reason to believe that the complainant had more drugs, other than in his experience someone found smoking marihuana might possess more drugs. The complainant was released without being charged. The respondent was charged with the disciplinary offence of unlawful or unnecessary exercise of authority.
Lower court rulings
Law Enforcement Review Board
020-2011
Presiding police officer’s finding of unlawful or unnecessary exercise of authority upheld
Court of Appeal of Alberta (Edmonton)
1103-0224-AC, 2013 ABCA 187
Appeal allowed, Matter of unlawful or unnecessary exercise of authority remitted back to Law Enforcement Review Board for reconsideration
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