Case information
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41616
Artur Pawlowski 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) |
|---|---|---|
| 2025-03-28 | Close file on Leave | |
| 2025-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-27 | Judgment on leave sent to the parties | |
| 2025-03-27 |
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 (Calgary), Number 2301-0229A, 2024 ABCA 342, dated October 29, 2024, is dismissed. Dismissed |
|
| 2025-02-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-02-12, (Printed version filed on 2025-02-12) | Artur Pawlowski |
| 2025-02-03 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-02-04) | His Majesty the King |
| 2025-02-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-02-05, (Printed version filed on 2025-02-04) | His Majesty the King |
| 2024-12-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2024-12-23 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2025-01-02) | Artur Pawlowski |
| 2024-12-23 | Application for leave to appeal, (Book Form), Completed on: 2024-12-23, (Printed version due on 2025-01-02) | Artur Pawlowski |
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 |
|---|---|---|
| Pawlowski, Artur | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Pawlowski, Artur
Counsel
Evan Best
800, 304- 8 Ave SW
Calgary, Alberta
T2P 1C2
Telephone: (403) 571-1520
FAX: (403) 571-1528
Email: millers@jssbarristers.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: His Majesty the King
Counsel
300 Centrium Place
332 - 6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: andrew.barg@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 — Offences — Elements of offence — Defences — Parties to offence — Inciting mischief — Section 430(7) of Criminal Code setting out no person commits mischief by reason of attending at place for purpose only of communicating information — Whether s. 430(7) sets out a defence or is an interpretative aid — Whether s. 430(7) applies to communication that counsels mischief — If s. 430(7) does not apply to counselling mischief, what inferences may be made regarding the actus reus of the offence of inciting mischief?
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.
During a blockade of a border crossing by people protesting COVID-19 lockdown measures and vaccine requirements, Mr. Pawlowski attended at a bar adjacent to the blockade and gave a speech. The bar was a common gathering point for the protesters and he knew some protestors were in the bar. He described the protestors as heroes of the solidarity movement and encouraged them to hold the fort and not to break the line or lose momentum. He was charged with three offences. The trial judge convicted Mr. Pawlowski of inciting mischief. The Court of Appeal dismissed an appeal.
Lower court rulings
Conviction for inciting mischief
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