Case information
Consult our database for details on a Supreme Court of Canada case.
40427
Michael Christopher Love v. His Majesty the King
(Alberta) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-05-12 | Close file on Leave | |
| 2023-04-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-04-20 |
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 of Alberta (Calgary), Number 2101-0064A, 2022 ABCA 269, dated August 15, 2022, is dismissed. Dismissed, no order as to costs |
|
| 2023-04-20 |
Decision on motion to extend time to file and /or serve the leave application, See decision on Application for Leave to Appeal Granted, no order as to costs |
|
| 2023-03-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-03-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-12-13 | Certificate (on limitations to public access), (Letter Form), 23A & 23B, (Printed version due on 2022-12-20) | His Majesty the King |
| 2022-12-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-12-13, (Printed version filed on 2022-12-02) | His Majesty the King |
| 2022-11-03 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2022-11-03 | |
| 2022-10-24 | Affidavit, (Book Form), (Included in the application for leave to appeal), (Printed version due on 2022-10-31) | Michael Christopher Love |
| 2022-10-24 | 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: 2022-11-03, (Printed version due on 2022-10-31) | Michael Christopher Love |
| 2022-10-24 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-10-31) | Michael Christopher Love |
| 2022-10-24 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-10-31) | Michael Christopher Love |
| 2022-10-24 |
Application for leave to appeal, (Book Form), Required: Amended Notice of Application citing the correct section of law (Rec'd 2023-03-07), Completed on: 2023-03-07, (Printed version due on 2022-10-31) |
Michael Christopher Love |
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 |
|---|---|---|
| Love, Michael Christopher | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Love, Michael Christopher
Counsel
301 - 14 Street NW
Suite 461
Calgary, Alberta
T2N 2A1
Telephone: (403) 262-1110
FAX: (403) 262-1115
Email: pawel@yycdefence.ca
Party: His Majesty the King
Counsel
Appeals Unit, Alberta Crown Prosecution Service
300, 332 - 6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-4311
Email: Rajbir.dhillon@gov.ab.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
Charter of Rights — Arbitrary detention — Criminal law — Whether a lawful warrantless arrest can be grounded in information obtained through a Charter violation — Whether evidence obtained unlawfully in a foreign jurisdiction can be excised from subsequent warrant applications in Canada — Whether s. 487.014 production orders can be issued extraterritorially — Whether the applicant’s first statement was involuntary and his subsequent police station interview was derivative thereof — Canadian Charter of Rights of Rights and Freedoms, s. 9.
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)
The charges against the applicant stemmed from communication with an underage boy over the Internet. At trial, the applicant was convicted of offences related to child pornography and child luring. The Court of Appeal dismissed the conviction appeal.
Lower court rulings
Court of Queen’s Bench of Alberta
190358788Q1, 2020 ABQB 635, 2020 ABQB 689
Convictions entered: for child luring and child pornography
Court of Appeal of Alberta (Calgary)
2022 ABCA 269, 2101-0064A
Conviction 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