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.
40324
N.S. v. His Majesty the King
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-01-12 | Close file on Leave | |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
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 C69437, 2022 ONCA 160, dated February 24, 2022, is dismissed. Dismissed |
|
| 2023-01-12 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2022-11-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-09-21 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2022-09-28) | His Majesty the King |
| 2022-09-21 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-09-23) | His Majesty the King |
| 2022-09-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-23, (Printed version filed on 2022-09-23) | His Majesty the King |
| 2022-08-22 |
Correspondence received from, (Letter Form), There is no Reasons for Judgment/Order of the Ontario Superior Court of Justice dated May 17, 2021. There is no Order dated April 21, 2021. There is only a signed ruling – which is included in the Application Record. There is no Order dated March 4, 2021. There is only a signed ruling – which is included in the Application Record. , (Printed version due on 2022-08-29) |
N.S. |
| 2022-08-22 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-08-22 | |
| 2022-08-16 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2022-08-23) | N.S. |
| 2022-08-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-08-23) | N.S. |
| 2022-08-16 | 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: 2022-08-22, (Printed version filed on 2022-08-22) | N.S. |
| 2022-08-16 |
Application for leave to appeal, (Book Form), require: -A copy of the Reasons for Judgment and the Order of the Ontario Superior Court of Justice dated May 17, 2021 (rec'd clarification 2022-08-22) -A copy of the Order of the Ontario Superior Court of Justice dated April 21, 2021 (rec'd clarification 2022-08-22) -A copy of the Order of the Ontario Superior Court of Justice dated March 4, 2021 (rec'd clarification 2022-08-22), Completed on: 2022-09-14, (Printed version filed on 2022-08-16) |
N.S. |
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 |
|---|---|---|
| N.S. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: N.S.
Counsel
439 University Ave. Suite1200
Toronto, Ontario
M5G 1Y8
Telephone: (416) 309-1970
FAX: (416) 340-1672
Email: Marianne.salih@roylelaw.ca
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
Michael Dunn
Jeremy Tatum
720 Bay Street
10th floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: deborah.krick@ontario.ca
Summary
Keywords
Charter of Rights and Freedoms — Right to security of person — Right to liberty — Fundamental justice— Freedom of expression — Criminal law — Receiving material benefit from sexual services — Procuring sexual services — Advertising sexual services — Whether ss. 286.2, 286.3(1) and 286.4 of the Criminal Code infringe Charter of Rights and Freedoms — If so, whether infringement justifiable under s. 1 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.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY)
N.S. was charged with receiving a material benefit from the sexual services of another person, procuring sexual services and advertising sexual services. Sutherland J. held that the Criminal Code provisions setting out these offences breach s. 7 of the Charter of Rights and Freedoms and the infringements are not saved by s. 1 of the Charter. He declined to address s. 2(d) of the Charter and found no unjustified infringement of s. 2(b) of the Charter. He declared the impugned provisions of no force and effect and acquitted N.S. The Court of Appeal granted an appeal, set aside the declaration and the acquittals, and ordered a new trial.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 1628, CR-17-009179
Declaration ss. 286.2, 286.3(1) and 286.4 of the Criminal Code infringe Charter of Rights and Freedoms and infringement not justifiable under s. 1 of the Charter
Ontario Superior Court of Justice
2021 ONSC 2920, CR-17-009179-00
Declaration ss. 286.2, 286.3(1) and 286.4 of the Criminal Code immediately of no force and effect
Ontario Superior Court of Justice
N.S. acquitted of charges of receiving a material benefit from sexual services, procuring sexual services and advertising sexual services
Court of Appeal for Ontario
2022 ONCA 160, C69437
Appeal allowed, declaration set aside, acquittals set aside, new trial ordered
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