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.
40746
Brian Wheeler 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) |
|---|---|---|
| 2023-11-03 | Close file on Leave | |
| 2023-11-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-02 | Judgment on leave sent to the parties | |
| 2023-11-02 |
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 C68846, 2022 ONCA 824, dated November 28, 2022, is dismissed. Dismissed |
|
| 2023-11-02 |
Decision on motion to extend time to file and /or serve the leave application, See Decision on File Granted |
|
| 2023-09-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-09-11 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-06-23 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2023-06-30) | His Majesty the King |
| 2023-06-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-06-26, (Printed version due on 2023-06-30) | His Majesty the King |
| 2023-05-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened on May 24, 2023 | |
| 2023-05-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-05-24, (Printed version filed on 2023-05-23) | Brian Wheeler |
| 2023-05-19 | Certificate (on limitations to public access), Form 23A | Brian Wheeler |
| 2023-05-19 |
Application for leave to appeal, (Book Form), Missing: - Signed trial judgment (rec'd 2023-06-15) - Order (There's no order), Completed on: 2023-06-16, (Printed version filed on 2023-05-23) |
Brian Wheeler |
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 |
|---|---|---|
| Wheeler, Brian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Wheeler, Brian
Counsel
Ava Armand
100-116 Simcoe St.
Toronto
M5H 4E2
Telephone: (416) 789-7843
Email: james@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
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8547
FAX: (416) 326-4656
Email: molly.flanagan@ontario.ca
Summary
Keywords
Criminal law — Offence — Elements of offence — Whether the Court of Appeal erred in law in interpreting the mens rea for a s. 172.2 Criminal Code offence — Whether there is an issue of public importance raised?
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.
The applicant was on a website which was known for sexualized chat when he messaged a police officer who was posing online as a mother of two daughters. The police officer and the applicant engaged in sexually explicit conversations, sometimes involving the fictional 12-year-old daughter. They agreed to meet in person. The applicant arrived at the agreed upon location, and he was arrested by the police officer. The applicant was convicted of agreeing with a person, by means of telecommunication, to commit the offence of sexual interference, with respect to another person who the applicant believed was under the age of 16 pursuant to s. 172.2(2) of the Criminal Code. The Court of Appeal dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
11470/13, 2020 ONSC 192
Conviction entered: agreeing to commit sexual interference
Court of Appeal for Ontario
2022 ONCA 824, C68846
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 613‑996‑7933 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