Skip to main content

Case information

Consult our database for details on a Supreme Court of Canada case.


41726

Sing Cheung Chan v. His Majesty the King

(Manitoba) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-06-27 Close file on Leave
2025-06-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-06-26 Judgment on leave sent to the parties
2025-06-26 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to file and serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Manitoba, Number AR24-30-10071, 2025 MBCA 4, dated January 22, 2025, is dismissed.
Dismissed
2025-06-26 Decision on motion to extend time to file and /or serve the leave application, See judgment on application
Granted
2025-05-26 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-05-26 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2025-05-01 Correspondence received from, Change of address for counsel. Sing Cheung Chan
2025-04-24 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-04-25, (Printed version filed on 2025-04-25) Sing Cheung Chan
2025-04-15 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-04-17) His Majesty the King
2025-04-15 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-15, (Printed version due on 2025-04-24) His Majesty the King
2025-03-26 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED
2025-03-25 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-03-26) Sing Cheung Chan
2025-03-25 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-03-26, (Printed version filed on 2025-03-26) Sing Cheung Chan
2025-03-25 Application for leave to appeal, (Book Form), Completed on: 2025-03-25, (Printed version filed on 2025-03-26) Sing Cheung Chan

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

Main parties - Appellants
Name Role Status
Sing Cheung Chan Applicant Active

v.

Main parties - Respondents
Name Role Status
His Majesty the King Respondent Active

Counsel

Party: Sing Cheung Chan

Counsel
Names
Adam S. Pinx
Jessie S. Brar
Contact information
Steigerwald Hodge Pinx & Brar LLP
1450-444 St-Mary Avenue
Winnipeg, Manitoba
R3C 3T1
Telephone: (204) 509-1646
FAX: (204) 306-0204
Email: pinx@shpblaw.ca
Agent
Name
Marie-France Major
Contact information
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: His Majesty the King

Counsel
Names
Ashleigh Smith
Larissa Campbell
Contact information
Manitoba Prosecution Service
405 Broadway, 5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2852
FAX: (204) 945-1260
Email: ashleigh.smith2@gov.mb.ca
Agent
Name
D. Lynne Watt
Contact information
Gowling WLG (Canada) LLP
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 — Assaulting a peace officer — Whether a public health inspector is a peace officer as defined in s. 2 of the Criminal Code?

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.

A public health inspector attended a restaurant owned by Mr. Chan to conduct an inspection pursuant to The Public Health Act, CCSM, c. P210. When the inspector attempted to gain entry, Mr. Chan grabbed his arm and pushed him. The health inspector slipped and sustained bruising and muscle soreness. Mr. Chan was convicted of assaulting a peace officer. A summary conviction appeal was granted and he was convicted of assault. The Court of Appeal allowed an appeal and restored the conviction for assaulting a peace officer.

Lower court rulings

January 25, 2023
Provincial Court of Manitoba


Conviction for assaulting a peace officer

April 16, 2024
Court of King's Bench for Manitoba

CR-23-01-39436

Summary conviction appeal allowed, conviction set aside and conviction entered for assault

January 22, 2025
Court of Appeal of Manitoba

AR24-30-10071, 2025 MBCA 4

Appeal allowed, conviction for assaulting a peace officer restored

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

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

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

Webcasts

Not available.

Date modified: 2025-06-28