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.
36050
S.A. v. Her Majesty the Queen
(Alberta) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-12-18 | Close file on Leave | |
| 2014-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-12-15 | Judgment on leave sent to the parties | |
| 2014-12-11 |
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 of Alberta, Number 1203-0134-A, 2014 ABCA 191, dated June 10, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2014-11-17 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-10-20 | Applicant's reply to respondent's argument, (joint reply to both responses), Completed on: 2014-10-20, (Electronic version filed on 2014-10-20) | S.A. |
| 2014-10-14 | Correspondence received from, D. Lynne Watt, dated October 14, 2014, Re: Intervener status of CLD | Constitutional Law Division, Minister of Justice and Solicitor General of Alberta |
| 2014-10-10 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-10-10 | Respondent's response on the application for leave to appeal, Completed on: 2014-10-10, (Electronic version filed on 2014-10-10) | Her Majesty the Queen |
| 2014-10-10 | Certificate (on limitations to public access) | Constitutional Law Division, Minister of Justice and Solicitor General of Alberta |
| 2014-10-10 | Respondent's response on the application for leave to appeal, service missing, Completed on: 2014-10-10, (Electronic version filed on 2014-10-10) | Constitutional Law Division, Minister of Justice and Solicitor General of Alberta |
| 2014-09-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2014-09-09 | Certificate (on limitations to public access) | S.A. |
| 2014-09-09 | Application for leave to appeal, Completed on: 2014-09-11, (Electronic version due on 2014-09-16) | S.A. |
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 |
|---|---|---|
| S.A. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Constitutional Law Division, Minister of Justice and Solicitor General of Alberta | Intervener | Active |
Counsel
Party: S.A.
Counsel
Ian McNish
600, 10310 Jasper Avenue
Edmonton, Alberta
T5J 2W4
Telephone: (780) 422-8383
FAX: (780) 427-9367
Email: pyuzwenko@ycdo.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
3rd Floor, 9833 - 109 Street N.W.
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: jason.russell@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Constitutional Law Division, Minister of Justice and Solicitor General of Alberta
Counsel
9833 - 109 Street
4th Floor
Edmonton, Alberta
T5J 3S8
Telephone: (780) 427-4418
FAX: (780) 425-0307
Email: david.kamal@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.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.
Charter of Rights and Freedoms – Right to life, liberty and security of the person – Is trespass legislation to be interpreted as only enforcing a common law right, meaning it is not subject to Charter scrutiny – Does the Trespass to Premises Act, insofar as it applies to public property, violate s. 7 of the Charter – Does the Trespass to Premises Act Policy violate s. 7 of the Charter – Does restricting the applicant from accessing public transit violate the right to liberty in s. 7 of the Charter – Charter s. 7.
At trial, the applicant successfully argued that the trespass legislation and written transit Policy were unconstitutional and violated the applicant’s s. 7 Charter rights. The Crown appealed, and the acquittal was set aside on the basis that the applicant’s s. 7 Charter rights were not violated. The Court of Appeal, with Bielby J.A. dissenting, dismissed the appeal.
Lower court rulings
Provincial Court of Alberta
A22575501Z, 2011 ABPC 269
Acquittal entered
Court of Queen’s Bench of Alberta
110621307S1, 2012 ABQB 311
Acquittal set aside
Court of Appeal of Alberta (Edmonton)
1203-0134-A, 2014 ABCA 191
Appeal 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