Case information
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40270
Stasky St. Clair v. His Majesty the King
(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) |
|---|---|---|
| 2022-12-13 | Close file on Leave | |
| 2022-11-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-11-24 | Judgment on leave sent to the parties | |
| 2022-11-24 |
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 C66388, 2021 ONCA 895, dated December 15, 2021, is dismissed. Dismissed |
|
| 2022-11-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2022-09-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-09-26 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-08-26 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-08-30) | His Majesty the King |
| 2022-08-26 | Book of authorities, (Book Form), Completed on: 2022-09-06, (Printed version filed on 2022-08-30) | His Majesty the King |
| 2022-08-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-06, (Printed version filed on 2022-08-30) | His Majesty the King |
| 2022-07-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2022-06-24 | Affidavit, (Letter Form), (Printed version due on 2022-07-04) | Stasky St. Clair |
| 2022-06-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-06-24) | Stasky St. Clair |
| 2022-06-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2022-07-04, (Printed version filed on 2022-06-24) | Stasky St. Clair |
| 2022-06-24 |
Application for leave to appeal, (Book Form), (2 volumes), Required: - CA Order - DEC.15, 2021 (rec'd electronic copy 2022-07-11; rec'd paper copy 2022-07-12) - TC Order (indictment rec'd electronic copy 2022-07-11; rec'd paper copy 2022-07-12), Completed on: 2022-07-12, (Printed version filed on 2022-06-24) |
Stasky St. Clair |
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 |
|---|---|---|
| St. Clair, Stasky | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: St. Clair, Stasky
Counsel
James Foy
100-116 Simcoe St.
Toronto, Ontario
M5H 4E2
Telephone: (416) 789-7843
Email: riaz@savardfoy.ca
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: His Majesty the King
Counsel
720 Bay Street, 10th floor
Crown Law Office - Criminal
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8916
FAX: (416) 326-4656
Email: samuel.greene@ontario.ca
Summary
Keywords
Charter of Rights and Freedoms — Search and seizure — Criminal law — Appeals — Evidence — Admissibility — Whether Court of Appeal should defer to application judge’s alternative analysis pursuant to s. 24(2) of the Charter of Rights and Freedoms if application judge incorrectly did not find a breach of the Charter — Whether Court of Appeal erred by raising on its own motion the discoverability of evidence to minimize the impact of breaches of the Charter on the Charter-protected interests of the accused without submissions by the Crown or factual findings by the application judge<br>
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.
Police officers arrested Mr. St. Clair for marijuana possession. He produced a genuine medical exemption card but the arresting officer did not believe it was genuine. The officers searched Mr. St. Clair’s car incidental to arrest and found a loaded handgun. Mr. St. Clair was strip-searched at the police station and officers found cocaine. A motion to exclude the evidence for breach of ss. 8 and 9 of the Charter of Rights and Freedoms was dismissed. Mr. St. Clair was convicted for possession of cocaine for purposes of trafficking and firearms offences. The Court of Appeal held ss. 8 and 9 of the Charter were breached but the evidence was admissible pursuant to s. 24(2) of the Charter. It dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2018 ONCS 5173, CR-5-48/18
Evidence ruled admissible
Court of Appeal for Ontario
2021 ONCA 895, C66388
Appeal 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
Not available