Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35585
Oldrich Pelich v. Attorney General of Ontario
(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) |
|---|---|---|
| 2015-05-04 | Close file on Leave | |
| 2015-05-04 | Correspondence received from, Mr. Oldrich Pelich, re: status of application for leave to appeal. | Oldrich Pelich |
| 2014-07-25 | Correspondence (sent by the Court) to, Oldrich Pelich. Re-submitted documents for a motion for reconsideration returned. | |
| 2014-07-18 | Correspondence received from, Pelich Oldrich | Oldrich Pelich |
| 2014-06-12 | Correspondence received from, Pelich Oldrich | Oldrich Pelich |
| 2014-06-11 | Correspondence received from, Pelich Oldrich | Oldrich Pelich |
| 2014-05-26 | Reconsideration not accepted for filing, documents returned | |
| 2014-02-26 | Letter acknowledging receipt of an incomplete motion for reconsideration | |
| 2014-02-19 | Motion for reconsideration of the application for leave to appeal, (affidavit must be sworn - original returned to applicant - sworn affidavit rcv'd March 14, 2014), Completed on: 2014-03-14 | Oldrich Pelich |
| 2014-01-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-01-24 | Judgment on leave sent to the parties | |
| 2014-01-23 |
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, Number C55822, dated June 10, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-12-09 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-12-09 | Submission of motion to extend time to file and/ or serve the leave application, CJ Cro Wa | |
| 2013-12-02 | Applicant's reply to respondent's argument, (Book Form), filed late with consent from the Respondent, Completed on: 2013-12-03 | Oldrich Pelich |
| 2013-11-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-11-19 | Attorney General of Ontario |
| 2013-10-22 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File open. | |
| 2013-10-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2013-10-22 | Oldrich Pelich |
| 2013-10-04 | Correspondence (sent by the Court) to, Checklist. | |
| 2013-09-13 | Correspondence (sent by the Court) to, Acknowledgement letter. | |
| 2013-09-10 | Application for leave to appeal, (Book Form), Completed on: 2013-10-31 | Oldrich Pelich |
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 |
|---|---|---|
| Pelich, Oldrich | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Respondent | Active |
Counsel
Party: Pelich, Oldrich
This party is not represented by counsel.
Party: Attorney General of Ontario
Counsel
Crown Law Office Criminal, 10th Floor
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: avene.derwa@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 of Rights and Freedoms - Criminal law – Offences – Child pornography – Trial of Applicant on charges of making available, possessing and accessing child pornography – Whether the Applicant’s s. 8, 10 and 11 Charter rights were violated – Whether the Court of Appeal erred in concluding that the computer images of child pornography were owned and accessed by the Applicant.
An undercover police officer using file sharing software found a user downloading and sharing numerous files with names consistent with child pornography. The IP address of the user was held by the Applicant. The officer then monitored the IP address. He downloaded and viewed certain of the files shared by the computer. After searching the Applicant’s residence under a search warrant, numerous images and videos of child pornography were found on the Applicant’s two computers, some of which had been removed to unallocated space by a file deletion program. Police also seized compact discs with images and videos containing child pornography.
Lower court rulings
Ontario Superior Court of Justice
10-50000653-000, 2012 ONSC 3611
Conviction: making available, possessing and accessing child pornography.
Acquittal: making child pornography
Court of Appeal for Ontario
C55822
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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