Case information
Consult our database for details on a Supreme Court of Canada case.
37533
John Tsekouras 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) |
|---|---|---|
| 2018-02-13 | Close file on Leave | |
| 2018-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-02-09 | Judgment on leave sent to the parties | |
| 2018-02-08 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C60103, 2017 ONCA 290, dated April 11, 2017, is dismissed. Dismissed |
|
| 2018-02-08 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Granted |
|
| 2018-01-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-01-08 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-08-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-08-21 | John Tsekouras |
| 2017-08-09 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2017-08-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-08-09 | Her Majesty the Queen |
| 2017-06-16 | Certificate (on limitations to public access), (Letter Form) | John Tsekouras |
| 2017-06-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-06-16 | John Tsekouras |
| 2017-06-16 | Application for leave to appeal, (Book Form), Completed on: 2017-06-16 | John Tsekouras |
| 2017-04-20 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2017-04-19 | Certificate (on limitations to public access), (Letter Form) | John Tsekouras |
| 2017-04-19 | Notice of application for leave to appeal, (Letter Form), amended notice included in the application for leave to appeal., Completed on: 2017-04-19 | John Tsekouras |
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 |
|---|---|---|
| Tsekouras, John | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Tsekouras, John
Counsel
1800-151 Yonge Street
Toronto, Ontario
M5C 2W7
Telephone: (416) 362-4567
FAX: (416) 362-8410
Email: jwilkinson@btzlaw.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
Ontario Regional Office
345 Harry Walker Parkway South
Newmarket, Ontario
L3Y 8P6
Telephone: (905) 953-7733
FAX: (905) 953-7532
Email: stephen.dawson@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Summary
Keywords
Charter of Rights and Freedoms – Search and seizure – Criminal law – Evidence – Whether trial judge erred in application of s. 24(2) of Charter – Admissibility of content of accused’s Blackberry – Admissibility of hearsay statements
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.
Following a joint forces investigation, Mr. Tsekouras was charged with multiple offences related to trafficking and possession of marihuana and cocaine and conspiring with others to traffic and possess marihuana and cocaine. Communications retrieved from Mr. Tsekouras’s Blackberry were admitted into evidence. The Blackberry was seized incident to an arrest that did not result in any formal charge and that occurred without reasonable and probable grounds. The Blackberry was retained without mandatory reports being delivered to a Justice of the Peace and was searched without a warrant. The Crown’s evidence included a co-conspirator’s statement to the police before his death, the fact that another co-conspirator pleaded guilty to drug offences, and the statement of facts supporting that plea.
Lower court rulings
Ontario Superior Court of Justice
CR-12-0100, 2015 ONSC 1470
Convictions: trafficking in marihuana, conspiracy to traffic in marihuana, possession of marihuana for the purpose of trafficking, conspiracy to possess marihuana for the purpose of trafficking, trafficking in cocaine, conspiracy to traffic in cocaine, possession of cocaine for the purpose of trafficking, conspiracy to possess cocaine for the purpose of trafficking. Acquittals on other counts.
Court of Appeal for Ontario
C60103, 2017 ONCA 290
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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