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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.


41777

Hasron Araya 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-08-29 Close file on Leave
2025-08-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-08-28 Judgment on leave sent to the parties
2025-08-28 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 2301-0203A, 2025 ABCA 61, dated February 24, 2025, is dismissed.

Justice Martin took no part in the judgment.

Dismissed
2025-07-28 All materials on application for leave submitted to the Judges, for consideration by the Court
2025-05-29 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-05-29) His Majesty the King
2025-05-29 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-05-29) His Majesty the King
2025-05-29 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-05-29, (Printed version filed on 2025-05-29) His Majesty the King
2025-04-29 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED
2025-04-25 Certificate (on limitations to public access), (Letter Form), 23A/B
PUB BAN, (Printed version filed on 2025-04-28)
Hasron Araya
2025-04-25 Application for leave to appeal, (Book Form), Amended Notice (Rec'd 2025-06-23), Completed on: 2025-04-25, (Printed version filed on 2025-04-28) Hasron Araya

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
Araya, Hasron Applicant Active

v.

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

Counsel

Party: Araya, Hasron

Counsel
Name
Gavin Wolch
Contact information
Rodin Law Firm
1405 2nd St SW
Calgary, Alberta
T2R 0W7
Telephone: (403) 216-7239
Email: gavin@wolch.com
Agent
Name
Maxine Vincelette
Contact information
Juristes Power Law
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca

Party: His Majesty the King

Counsel
Name
Iwona Kuklicz
Contact information
Appeals & Prosecution Policy Branch
300-332 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: JSG-ACPS.CAL-Appeals@gov.ab.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

Charter of Rights –– Criminal law –– Arbitrary detention –– Whether there is an inconsistency in the law governing the analysis under s. 9 of the Charter where an arrest is effected by an officer who is not the officer that forms reasonable and probable grounds for the arrest –– Clarification of legal principles and analysis is essential to safeguard the liberty of Canadians, and to provide clear guidance to police –– Charter 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 police had another individual under surveillance for a recent armed robbery when the applicant was observed joining this individual and later found with a loaded handgun in his satchel. The applicant did not have any licenses or permits for the firearm, and there was no evidence of him using or brandishing the firearm during the period of possession. The applicant’s Charter arguments were dismissed, and he was convicted of five counts related to firearm offences. The applicant’s conviction appeal was dismissed.


Lower court rulings

December 23, 2022
Provincial Court of Alberta

2022 ABPC 261

Conviction entered: five firearm related offences

February 24, 2025
Court of Appeal of Alberta (Calgary)

2301-0203A, 2025 ABCA 61

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 613‑996‑7933 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

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

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

Webcasts

Not available.

Date modified: 2025-08-30