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.
36845
Ryan Sean Milliken v. Her Majesty the Queen
(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) |
|---|---|---|
| 2016-05-26 | Close file on Leave | |
| 2016-05-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-05-20 | Judgment on leave sent to the parties | |
| 2016-05-19 |
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 C59736, 2015 ONCA 897, dated December 9, 2015, is dismissed. Dismissed |
|
| 2016-04-11 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2016-03-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-04-04, (Electronic version filed on 2016-03-29) | Ryan Sean Milliken |
| 2016-03-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-10) | Her Majesty the Queen |
| 2016-03-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-03-10, (Electronic version filed on 2016-03-10) | Her Majesty the Queen |
| 2016-02-10 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2016-02-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-16) | Ryan Sean Milliken |
| 2016-02-08 | Book of authorities, (Book Form), (2 volumes) | Ryan Sean Milliken |
| 2016-02-08 | Application for leave to appeal, (Book Form), New Covers and Service rec'd 2016-02-10, Completed on: 2016-02-08, (Electronic version filed on 2016-02-16) | Ryan Sean Milliken |
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 |
|---|---|---|
| Milliken, Ryan Sean | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Milliken, Ryan Sean
Counsel
Robert Harbic
200 Elgin Street
Suite 704
Ottawa, Ontario
K2P 1L5
Telephone: (613) 235-4365
FAX: (613) 688-1212
Email: jd@harbic.com
Party: Her Majesty the Queen
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-2220
FAX: (416) 326-4007
Email: gillian.roberts@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.
Criminal law – Evidence – Whether the lower courts erred in law by failing to properly apply the test regarding circumstantial evidence with regards to the element of knowledge contained within the offence of s. 163 of the Criminal Code.
On January 24, 2012, two movies containing child pornography were made available on a peer-to-peer file sharing network and downloaded by police. The movies were made available by the IP address associated with the internet account used by the applicant and his parents at their home in Brockville. On February 13, 2012, police executed a search warrant and seized the applicant’s laptop from his room. The desktop had 10 icons that linked to child pornography movies. A forensic examination of the computer showed that it contained 101 still images and 115 movies of child pornography. The applicant was convicted of possessing child pornography relating to the February 13 incident. He was acquitted of three counts related to possession, accessing, and sharing child pornography on January 24, 2012. The applicant was sentenced to five months’ imprisonment. The applicant’s conviction appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
C59467
Conviction: possession of child pornography
Court of Appeal for Ontario
C59736, 2015 ONCA 897
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