Case information
Consult our database for details on a Supreme Court of Canada case.
39731
Kyle Brown v. Her Majesty the Queen
(Newfoundland & Labrador) (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) |
|---|---|---|
| 2021-12-21 | Close file on Leave | |
| 2021-11-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-11-10 | Judgment on leave sent to the parties | |
| 2021-11-10 |
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 Newfoundland and Labrador, Number 202001H0059, 2021 NLCA 27, dated May 10, 2021, is dismissed. Dismissed |
|
| 2021-10-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-08-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-10-01 | Kyle Brown |
| 2021-08-24 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2021-08-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-10-08, (Printed version filed on 2021-08-24) | Her Majesty the Queen |
| 2021-07-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-07-19 | |
| 2021-05-28 |
Certificate (on limitations to public access), (Letter Form), Require: - Proof of service- rec'd 2021-07-19 , (Printed version filed on 2021-05-28) |
Kyle Brown |
| 2021-05-28 |
Notice of name, (Letter Form), Require: - Proof of service- rec'd 2021-07-19 , (Printed version filed on 2021-05-28) |
Kyle Brown |
| 2021-05-28 |
Application for leave to appeal, (Book Form), Require: - Proof of service - rec'd 2021-07-19, Completed on: 2021-07-19, (Printed version filed on 2021-05-28) |
Kyle Brown |
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 |
|---|---|---|
| Brown, Kyle | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Brown, Kyle
Counsel
251 Empire Avenue
Suite 300
St. John's, Newfoundland & Labrador
A1C 3H9
Telephone: (709) 753-7860
FAX: (709) 753-0026
Email: derekhogan@legalaid.nl.ca
Party: Her Majesty the Queen
Counsel
4th Floor, Atlantic Place
215 Water Street
St. John’s, Ontario
A1B 4J6
Telephone: (709) 729-4299
FAX: (709) 729-1135
Email: shawnpatten@gov.nl.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Entrapment — Random virtue testing — Child luring — Whether, under the doctrine of entrapment, the police may randomly test virtue to establish the grounds to provide a person with the opportunity to commit an offence.
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.
A constable of the Royal Newfoundland Constabulary created a fictional profile of a young female and placed an ad on the website NLAdult.com. The applicant, Kyle Brown, responded to the ad, to which the fictitious girl informed him that she was 15 years old. The applicant continued communicating with the fictitious girl, pursued sexual inquiries and suggested that they meet despite being told that she was underage. The applicant was charged with three counts of child luring contrary to s. 172.1(1) of the Criminal Code. The Provincial Court of Newfoundland and Labrador found the applicant guilty of all three counts of child luring and dismissed his application for a stay of the charges on the basis of entrapment. The decision regarding the stay of the charges on the basis of entrapment was appealed by the applicant. However, the Court of Appeal of Newfoundland and Labrador dismissed the appeal.
Lower court rulings
Provincial Court of Newfoundland and Labrador
Applicant found guilty of three counts of child luring (s. 172.1(1) of the Criminal Code). Application for a stay of the charges based on entrapment dismissed.
Court of Appeal of Newfoundland and Labrador
202001H0059, 2021 NLCA 27
Appeal against the Provincial Court of Newfoundland and Labrador’s decision regarding stay of the charges based on entrapment 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