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42101

His Majesty the King in Right of Canada v. Kien Trung Pham

(British Columbia) (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)
2026-09-11 Motion for leave to intervene, (Book Form), Completed on: 2026-09-11, (Printed version due on 2026-09-18) Attorney General of Alberta
2026-08-17 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2026-08-17) His Majesty the King in Right of Canada
2026-08-17 Appellant's book of authorities, (Book Form), Completed on: 2026-08-17, (Printed version filed on 2026-08-17) His Majesty the King in Right of Canada
2026-08-17 Appellant's record, (Book Form), 3 Volumes, Completed on: 2026-08-17, (Printed version filed on 2026-08-17) His Majesty the King in Right of Canada
2026-08-17 Appellant's factum, (Book Form), Incomplete, (Printed version filed on 2026-08-17) His Majesty the King in Right of Canada
2026-06-22 Notice of appeal, (Letter Form), Incomplete, (Printed version filed on 2026-06-23) His Majesty the King in Right of Canada
2026-06-16 Notice of change of counsel, (Letter Form) His Majesty the King in Right of Canada
2026-06-04 Correspondence (sent by the Court) to, all parties;

by the REGISTRAR:

Further to the judgment of May 21, 2026, granting leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Numbers CA49722 and CA49740, 2025 BCCA 324, dated September 17, 2025, the schedule for serving and filing the material is set as follows:
a) The appellant shall serve and file his notice of appeal on or before June 22, 2026.
a) The appellant shall serve and file his factum, record and book of authorities, if any, on or before August 17, 2026.

b) The Respondents shall serve and file his factum, record and book of authorities, if any, on or before October 13, 2026.

b) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before September 14, 2026.


c) The appellant and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before September 24, 2026.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 2, 2026.

e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before November 20, 2026.


f) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before November 9, 2026.


g) The hearing date will be confirmed following a determination by the Court of its hearing schedule and you will be advised accordingly.

2026-05-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2026-05-21 Judgment on leave sent to the parties
2026-05-21 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 for British Columbia (Vancouver), Numbers CA49722 and CA49740, 2025 BCCA 324, dated September 17, 2025, is granted. The schedule to serve and file appeal documents will be established by the Registrar.
Granted
2026-04-27 All materials on application for leave submitted to the Judges, for consideration by the Court
2026-01-05 Correspondence received from, No reply will be filed His Majesty the King in Right of Canada
2025-12-17 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2025-12-24) Kien Trung Pham
2025-12-17 Notice of name, (Letter Form), (Printed version due on 2025-12-24) Kien Trung Pham
2025-12-17 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-12-18, (Printed version filed on 2025-12-24) Kien Trung Pham
2025-11-18 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED
2025-11-17 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-11-19) His Majesty the King in Right of Canada
2025-11-17 Notice of name, (Letter Form), (Printed version filed on 2025-11-19) His Majesty the King in Right of Canada
2025-11-17 Application for leave to appeal, (Book Form), Missing:

- Amended notice citing correct legal provision (Rec 1-27-2026), Completed on: 2026-01-27, (Printed version filed on 2025-11-19)
His Majesty the King in Right of Canada

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
His Majesty the King in Right of Canada Appellant Active

v.

Main parties - Respondents
Name Role Status
Kien Trung Pham Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Alberta Intervener Pending

Counsel

Party: His Majesty the King in Right of Canada

Counsel
Names
Janna A. Hyman
Jessica R. Lawn
Contact information
Public Prosecution Service of Canada
515 - 234 Donald Street
Winnipeg, Manitoba
R3C 1M8
Telephone: (204) 229-6842
FAX: (204) 984-1350
Email: janna.hyman@ppsc-sppc.gc.ca
Agent
Name
Éric Marcoux
Contact information
Public Prosecution Service of Canada
160 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca

Party: Kien Trung Pham

Counsel
Names
Tony C. Paisana
Sarah Pringle
Contact information
Peck and Company
610-744 Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: TPaisana@peckandcompany.ca

Party: Attorney General of Alberta

Counsel
Name
Iwona Kuklicz
Contact information
Alberta Crown Prosecution Service
3rd Floor, Centrium Place
300, 332 – 6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: iwona.kuklicz@gov.ab.ca
Agent
Name
Léa Desjardins
Contact information
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0106
FAX: (613) 788-3573
Email: lea.desjardins@gowlingwlg.com

Summary

Keywords

Charter of Rights and Freedoms — Search and seizure — Criminal law — Employees of courier company being informed by police of illegal drug shipments — Employees setting aside packages delivered to them for purposes of police retrieval — Police seizing packages — Packages containing drugs — Whether state agency relationship existed?

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.

Packages shipped from a Loomis Express depot were found to contain methamphetamine. RCMP officers attended at the Loomis Express depot to inform the employees at the depot and to make inquiries. After the police spoke with Loomis employees, Mr. McGuire presented additional packages. They were processed by Loomis employees but set aside to be seized by the RCMP. Loomis employees made observations of the vehicles used by Mr. McGuire and the presence of another person. Police began surveillance. After another package was delivered, police stopped and arrested Mr. McGuire and Mr. Pham, and conducted searches that yielded evidence of drug and firearms offences. Mr. Pham raised multiple Charter challenges including a claim that the Loomis Express employees were state agents and s. 8 of the Charter of Rights and Freedoms was engaged in respect of their conduct. The trial judge concluded that they were not state agents. Mr. Pham was convicted on multiple counts of trafficking, possession for the purpose of trafficking, and firearms offences. The Court of Appeal held that the trial judge erred in his approach to determining whether a state agency relationship existed. It allowed an appeal, set aside the convictions, and ordered a new trial.

Lower court rulings

June 12, 2023
Supreme Court of British Columbia

2023 BCSC 2485

Ruling that no state agency existed between police and courier company employees

March 4, 2024
Supreme Court of British Columbia

2024 BCSC 467

Convictions for: four counts of trafficking in methamphetamine; possession of fentanyl for purpose of trafficking; possession of cocaine for purpose of trafficking; two counts of possession of a prohibited firearm; two counts of possession of a firearm without a licence

September 17, 2025
Court of Appeal for British Columbia (Vancouver)

2025 BCCA 324

Appeal allowed, convictions set aside, new trial ordered

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: 2026-09-12