Case information
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39376
Sheldon Wells Canfield, et al. v. Her Majesty the Queen, et al.
(Alberta) (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) |
|---|---|---|
| 2021-03-15 | Close file on Leave | |
| 2021-03-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-03-12 | Judgment on leave sent to the parties | |
| 2021-03-11 |
Judgment of the Court on the application for leave to appeal, The motion to join two Court of Appeal of Alberta files in a single application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Numbers 1803-0294-A and 1803-0293-A, 2020 ABCA 383, dated October 29, 2020, is dismissed. Dismissed |
|
| 2021-03-11 |
Decision on the miscellaneous motion, See decision on application Granted |
|
| 2021-02-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-02-08 | Submission of miscellaneous motion, for consideration by the Court | |
| 2021-02-08 | All material on the application for leave to cross-appeal submitted to the Judges, for consideration by the Court | |
| 2021-01-11 | Certificate (on limitations to public access), (Letter Form), 23B-Reply, (Printed version due on 2021-01-18) | Sheldon Wells Canfield |
| 2021-01-11 | Applicant's reply to respondent's argument, (Book Form), Amended reply rec'd 2021/01/13, Completed on: 2021-01-28, (Printed version due on 2021-01-18) | Sheldon Wells Canfield |
| 2020-12-18 | Application for leave to cross-appeal, (Letter Form), Notice of application for leave to cross-appeal - Hard copy received, Completed on: 2021-02-10 | Her Majesty the Queen in Right of Canada |
| 2020-12-18 | Certificate (on limitations to public access), (Letter Form), 23B Hard copy received | Her Majesty the Queen in Right of Canada |
| 2020-12-18 | Certificate (on limitations to public access), (Letter Form), 23A Hard copy received | Her Majesty the Queen in Right of Canada |
| 2020-12-18 | Respondent's response on the application for leave to appeal, (Letter Form), Hard copy received, Completed on: 2020-12-21, (Printed version due on 2020-12-29) | Her Majesty the Queen in Right of Canada |
| 2020-12-18 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2020-12-18 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2020-12-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-12-21, (Printed version filed on 2020-12-18) | Her Majesty the Queen |
| 2020-11-23 | Response to miscellaneous motion, (Letter Form), Response to the Motion to Join, Completed on: 2020-11-23 | Her Majesty the Queen |
| 2020-11-19 | Response to miscellaneous motion, (Letter Form), Response to Motion to Join, Completed on: 2020-11-19 | Her Majesty the Queen in Right of Canada |
| 2020-11-18 | Certificate (on limitations to public access), (Letter Form), 23B | Daniel Emerson Townsend |
| 2020-11-18 | Certificate (on limitations to public access), (Letter Form), 23B | Sheldon Wells Canfield |
| 2020-11-18 | Notice of miscellaneous motion, (Book Form), Motion to Join, Completed on: 2020-11-18 | Sheldon Wells Canfield |
| 2020-11-18 | Application for leave to appeal, (Book Form), Completed on: 2020-11-18, (Printed version filed on 2020-11-18) | Sheldon Wells Canfield |
| 2020-11-16 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2020-11-16 | Certificate (on limitations to public access), (Letter Form), 23B | Daniel Emerson Townsend |
| 2020-11-16 | Certificate (on limitations to public access), (Letter Form), 23A | Daniel Emerson Townsend |
| 2020-11-16 | Certificate (on limitations to public access), (Letter Form), 23B | Sheldon Wells Canfield |
| 2020-11-16 | Certificate (on limitations to public access), (Letter Form), 23A | Sheldon Wells Canfield |
| 2020-11-16 |
Notice of application for leave to appeal, (Letter Form), Joint Notice of Application Amended notice required-rec'd 2020/11/16, Completed on: 2020-11-16 |
Sheldon Wells Canfield |
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 |
|---|---|---|
| Canfield, Sheldon Wells | Applicant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Her Majesty the Queen in Right of Canada | Respondent / Applicant on cross-appeal | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Townsend, Daniel Emerson | Applicant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Her Majesty the Queen in Right of Canada | Respondent / Applicant on cross-appeal | Active |
Counsel
Party: Canfield, Sheldon Wells
Counsel
300, 10150 - 100 Street
Edmonton, Alberta
T5J 0P6
Telephone: (780) 424-8866
FAX: (780) 426-1470
Email: kteskey@pringlelaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Townsend, Daniel Emerson
Counsel
300, 10150 100 Street
Edmonton, Alberta
T5J 0P6
Telephone: (780) 424-8866
FAX: (780) 666-7398
Email: emcintyre@pringlelaw.ca
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Her Majesty the Queen
Counsel
Appeals Unit
300 Centrium Place, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: andrew.barg@gov.ab.ca
Party: Her Majesty the Queen in Right of Canada
Counsel
Alberta Regional Office (calgary)
Suite 900, 700 6th Avenue SW
Calgary, Alberta
T2P 0T8
Telephone: (403) 299-3978
FAX: (403) 299-3966
Email: shelley.tkatch@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 — Border search of personal electronic device — Detention at border — Right to counsel — Principle against self incrimination — Exclusion of evidence— When does a search of a digital device at the border require individualized suspicion — When is a traveller detained at the border for purposes of the Charter — If a traveller arriving at the border is compelled by statute to answer questions, how is derivative evidence protected by the principle against self incrimination¬ — Should compelled evidence be excluded under s. 24(1) of the Charter — How should a court applying s. 24(2) of the Charter consider the unique circumstance of a test case ending a systemic breach of the Charter?
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.
Mr. Canfield and Mr. Townsend, both Canadian citizens, arrived at a border entry point. Canadian Border Services Agency officers searched each man’s electronic devices in secondary screening and found child pornography. Each accused was arrested. Mr. Canfield and Mr. Townsend both admitted the elements of possession of child pornography and importing child pornography subject to joint trial challenging the constitutionality of s. 99(1)(a) of the Customs Act, R.S.C. 1985, c 1. They argued that the evidence was obtained in breach of ss. 7, 8 or 10 of the Charter of Rights and Freedoms and it ought to be excluded. The trial judge dismissed the constitutional arguments and admitted the evidence. Each accused was convicted of possession of child pornography and importing child pornography. The Court of Appeal dismissed a joint appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
150291227Q1, 150156834Q1, 2018 ABQB 408
Convictions for possession of child pornography and importing child pornography
Court of Appeal of Alberta (Edmonton)
1803-0294-A, 1803-0293-A, 2020 ABCA 383
Joint appeals 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
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