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.
36648
Marco Viscomi v. Attorney General of Canada, 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) |
|---|---|---|
| 2015-12-22 | Close file on Leave | |
| 2015-12-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-12-18 | Judgment on leave sent to the parties | |
| 2015-12-17 |
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 C59973, 2015 ONCA 484, dated June 30, 2015, is dismissed. Dismissed |
|
| 2015-11-23 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-11-05 | Applicant's reply to respondent's argument, Completed on: 2015-11-05 | Marco Viscomi |
| 2015-10-28 | Certificate (on limitations to public access) | Attorney General of Canada |
| 2015-10-28 | Respondent's response on the application for leave to appeal, Completed on: 2015-10-28 | Attorney General of Canada |
| 2015-10-26 | Certificate (on limitations to public access) | Attorney General of Ontario |
| 2015-10-26 | Respondent's response on the application for leave to appeal, Completed on: 2015-10-26 | Attorney General of Ontario |
| 2015-09-30 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2015-09-30 | |
| 2015-09-29 | Certificate (on limitations to public access) | Marco Viscomi |
| 2015-09-29 | Application for leave to appeal, Completed on: 2015-09-29 | Marco Viscomi |
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 |
|---|---|---|
| Viscomi, Marco | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
| Attorney General of Ontario | Respondent | Active |
Counsel
Party: Viscomi, Marco
Counsel
Brad Greenshields
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: JGreenspan@144king.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Canada
Counsel
Monika Rahman
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8032
FAX: (416) 973-4328
Email: nancy.dennison@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Attorney General of Ontario
Counsel
Michael Fawcett
10th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: robert.hubbard@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
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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.
Charter of Rights and Freedoms – Search and seizure – Mutual Legal Assistance in Criminal Matters Act sets out a legislative scheme authorizing the gathering of evidence of an offence and sending gathered evidence to a requesting foreign state or entity – Whether ss. 17 to 21 of the Mutual Legal Assistance in Criminal Matters Act infringe s. 8 of the Charter – If so, whether infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society – Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp.), ss. 17 to 21.
American police traced internet communications related to alleged child luring in Virginia to an Internet Protocol address in Ontario. The Internet Service Provider identified the applicant as the subscriber at the relevant time and disclosed his address to American police. The American police notified Ontario police. Ontario police executed search warrants at the applicant’s residences. Charges were laid in Canada but withdrawn when the United States sought the applicant’s extradition. The applicant was committed for extradition and the Minister of Justice ordered his surrender but the Court of Appeal set aside the order for committal and quashed the surrender order. In separate ex parte hearings, pursuant to ss. 18 and 20 of the Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp.), Code J. granted gathering orders and sending orders permitting Ontario authorities to gather and send to American authorities the evidence obtained by police in Ontario. The applicant brought a motion challenging the constitutionality of the gathering and sending provisions in the Mutual Legal Assistance in Criminal Matters Act.
Lower court rulings
Ontario Superior Court of Justice
Committal for extradition to United States.
Ontario Superior Court of Justice
123 O.R.(3d) 733, 2015 ONSC 61
Sections 17 to 21 of the Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30 (4th Supp.), held not to be in breach of s. 7 or s. 8 of the Canadian Charter of Rights and Freedoms.
Court of Appeal for Ontario
C59973, 2015 ONCA 484
Appeal from committal order allowed; Committal order set aside; Surrender order quashed; Appeal from decision that ss. 17 to 21 of Mutual Legal Assistance in Criminal Matters Act do not breach s. 7 or s. 8 of Charter 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