Case information
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41463
Miso Lepki v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2025-01-10 | Close file on Leave | |
| 2025-01-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-09 | Judgment on leave sent to the parties | |
| 2025-01-09 |
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 Alberta (Edmonton), Number 2303-00063A, 2024 ABCA 257, dated July 24, 2024, is dismissed. Dismissed |
|
| 2024-11-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-12 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-12-19) | Miso Lepki |
| 2024-11-12 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-11-12, (Printed version filed on 2024-12-19) | Miso Lepki |
| 2024-11-04 | Correspondence received from | Miso Lepki |
| 2024-10-31 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-10-31) | His Majesty the King |
| 2024-10-31 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-31) | His Majesty the King |
| 2024-10-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-10-31, (Printed version filed on 2024-10-31) | His Majesty the King |
| 2024-10-01 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-10-01 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-10-08) | Miso Lepki |
| 2024-10-01 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-08) | Miso Lepki |
| 2024-10-01 | Application for leave to appeal, (Book Form), Completed on: 2024-10-01, (Printed version filed on 2024-10-08) | Miso Lepki |
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 |
|---|---|---|
| Lepki, Miso | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Lepki, Miso
Counsel
Eric M. Adams
Ritchie Mill
10171 Saskatchewan Dr NW #414
Edmonton, Alberta
T6E 4R5
Telephone: (780) 655-1611
Email: peter@sankoffcriminallaw.com
Party: His Majesty the King
Counsel
300, 332-6th Avenue SW
Appeals and Specialized Prosecutions
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: jason.russell@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Sentencing — Appeals — Whether orders imposed under a law held in force by a suspended declaration of invalidity cannot be appealed once Parliament has enacted a remedial piece of legislation?
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.
Mr. Lepki was sentenced for a sexual offence designated under s. 490.012 of the Criminal Code which required he comply with the Sex Offender Information Registration Act, S.C. 2004, c. 10. At the time of sentencing, s. 490.012 had been declared constitutionally invalid but the declaration of invalidity had been suspended for a one-year period. Mr. Lepki was denied an exemption pursuant to s. 24(1) of the Charter of Rights and Freedoms from the requirement to comply with the Sex Offender Information Registration Act. After the Court of Appeal heard an appeal from the denial of an exemption, s. 490.012 was repealed. The Court of Appeal dismissed the appeal
Lower court rulings
Court of King’s Bench of Alberta
200698983Q2
Application for constitutional exemption dismissed and order issued requiring registration on national sex offender database
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