Supreme Court of Canada Hearings

Dwayne Alexander Campbell v. His Majesty the King (40465)

Police seized a cellphone during a search incident to the arrest of a known drug dealer. The phone was displaying incoming text messages on its screen. The police believed the messages revealed a transaction for heroin, which would likely be laced with fentanyl, was in progress.The police impersonated the drug dealer by responding to the text messages, and arranged to have the drugs delivered to the dealer’s residence. Applicant Dwayne Alexander Campbell arrived at the residence and was arrested. Mr. Campbell was charged under the Controlled Drugs and Substances Act (CDSA). At trial, Mr. Campbell brought a motion to exclude evidence, claiming that his rights under s. 8 of the Charter had been infringed by the police action in using the dealer’s phone to communicate with him. The trial judge rejected Mr. Campbell’s claim that he had a reasonable expectation of privacy in the text messages, and concluded that the likelihood that the drugs were laced with fentanyl created exigent circumstances that justified the warrantless use of the drug dealer’s cellphone. Mr. Campbell was convicted and sentenced.The Court of Appeal held that Mr. Campbell did have a reasonable expectation of privacy in his electronic communications, but that the police action was justified by the exigent circumstances doctrine. Consequently, there was no breach of Mr. Campbell’s s. 8 rights. The Court of Appeal dismissed Mr. Campbell’s appeal. Argued Date 2024-03-21 Keywords Charter of Rights — Search and seizure (s. 8) — Enforcement (s. 24) — Exigent circumstances — Police seizing cellphone in search incident to the arrest of a known drug dealer — Incoming text messages from appellant visible on its screen — Police believing messages concerned impending drug deal involving fentanyl — Police impersonating drug dealer, facilitating drug transaction with the appellant via text message — Whether police breached appellant’s s. 8 rights by warrantless use of drug dealer’s cellphone to impersonate drug dealer and engage in electronic conversation with accused — Whether police action justified by exigent circumstances because the police reasonably believed the drug transaction may have involved fentanyl — Whether police breached the appellant’s s. 8 rights by intercepting private communications without authorization — Whether evidence obtained by s. 8 breaches should have been excluded — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 11; Criminal Code, R.S.C. 1985, c. C-46, Part VI Notes (Ontario) (Criminal) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Dwayne Alexander Campbell v. His Majesty the King (40465)

Police seized a cellphone during a search incident to the arrest of a known drug dealer. The phone was displaying incoming text messages on its screen. The police believed the messages revealed a transaction for heroin, which would likely be laced with fentanyl, was in progress.The police impersonated the drug dealer by responding to the text messages, and arranged to have the drugs delivered to the dealer’s residence. Applicant Dwayne Alexander Campbell arrived at the residence and was arrested. Mr. Campbell was charged under the Controlled Drugs and Substances Act (CDSA). At trial, Mr. Campbell brought a motion to exclude evidence, claiming that his rights under s. 8 of the Charter had been infringed by the police action in using the dealer’s phone to communicate with him. The trial judge rejected Mr. Campbell’s claim that he had a reasonable expectation of privacy in the text messages, and concluded that the likelihood that the drugs were laced with fentanyl created exigent circumstances that justified the warrantless use of the drug dealer’s cellphone. Mr. Campbell was convicted and sentenced.The Court of Appeal held that Mr. Campbell did have a reasonable expectation of privacy in his electronic communications, but that the police action was justified by the exigent circumstances doctrine. Consequently, there was no breach of Mr. Campbell’s s. 8 rights. The Court of Appeal dismissed Mr. Campbell’s appeal. Argued Date 2024-03-21 Keywords Charter of Rights — Search and seizure (s. 8) — Enforcement (s. 24) — Exigent circumstances — Police seizing cellphone in search incident to the arrest of a known drug dealer — Incoming text messages from appellant visible on its screen — Police believing messages concerned impending drug deal involving fentanyl — Police impersonating drug dealer, facilitating drug transaction with the appellant via text message — Whether police breached appellant’s s. 8 rights by warrantless use of drug dealer’s cellphone to impersonate drug dealer and engage in electronic conversation with accused — Whether police action justified by exigent circumstances because the police reasonably believed the drug transaction may have involved fentanyl — Whether police breached the appellant’s s. 8 rights by intercepting private communications without authorization — Whether evidence obtained by s. 8 breaches should have been excluded — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 11; Criminal Code, R.S.C. 1985, c. C-46, Part VI Notes (Ontario) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Gabriel Boudreau v. His Majesty the King (40810)

Following a trial in the Court of Québec, the appellant, Gabriel Boudreau, was convicted of dangerous driving causing bodily harm as a result of a collision between him and the complainant. On appeal, the appellant argued that the trial judge had erred by finding that he had taken part in a race with another driver, by improperly assessing the complainant’s testimony and by failing to consider some of the evidence. The majority of the Court of Appeal dismissed the appeal, as it was of the view that the verdict was not unreasonable, illogical or irrational. The trial judge, who had direct evidence on some aspects and circumstantial evidence on others, could convict the appellant of the offence based on that evidence.The dissenting judge would have allowed the appeal, set aside the conviction and ordered a new trial. In her view, the trial judge had made two errors that undermined the reasonableness of the verdict. She had rejected the testimony on the basis of an illogical inference even though the appellant’s version was consistent with the site of the damage and was confirmed by the complainant’s testimony. In addition, the judge’s finding that the complainant had been driving in the left lane well before the impact was contradicted by the complainant’s testimony. Argued Date 2024-03-20 Keywords Criminal law — Appeals — Unreasonable verdict — Evidence — Whether trial judge arrived at unreasonable verdict by drawing illogical inferences and by drawing inferences that were clearly contradicted by evidence. Notes (Quebec) (Criminal) (As of Right) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Gabriel Boudreau v. His Majesty the King (40810)

Following a trial in the Court of Québec, the appellant, Gabriel Boudreau, was convicted of dangerous driving causing bodily harm as a result of a collision between him and the complainant. On appeal, the appellant argued that the trial judge had erred by finding that he had taken part in a race with another driver, by improperly assessing the complainant’s testimony and by failing to consider some of the evidence. The majority of the Court of Appeal dismissed the appeal, as it was of the view that the verdict was not unreasonable, illogical or irrational. The trial judge, who had direct evidence on some aspects and circumstantial evidence on others, could convict the appellant of the offence based on that evidence.The dissenting judge would have allowed the appeal, set aside the conviction and ordered a new trial. In her view, the trial judge had made two errors that undermined the reasonableness of the verdict. She had rejected the testimony on the basis of an illogical inference even though the appellant’s version was consistent with the site of the damage and was confirmed by the complainant’s testimony. In addition, the judge’s finding that the complainant had been driving in the left lane well before the impact was contradicted by the complainant’s testimony. Argued Date 2024-03-20 Keywords Criminal law — Appeals — Unreasonable verdict — Evidence — Whether trial judge arrived at unreasonable verdict by drawing illogical inferences and by drawing inferences that were clearly contradicted by evidence. Notes (Quebec) (Criminal) (As of Right) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Trevor Ian James Lindsay v. His Majesty the King (40569)

The appellant, Trevor Ian James Lindsay, is a constable with the Calgary Police Service. While processing an arrestee, an altercation occurred between the appellant and the arrestee that left the latter with serious injuries. The appellant was charged with aggravated assault under s. 268 of the Criminal Code. At trial, the appellant’s defence included s. 25 of the Criminal Code, which protects peace officers from liability related to their lawful use of force. The trial judge concluded that s. 25 did not protect the appellant from criminal liability for his actions. A majority of the Court of Appeal agreed. However, Wakeling J.A., in dissent, would have held that the trial judge erred in concluding that the prosecution had proven beyond a reasonable doubt that the appellant’s actions constituted an assault, and also that the trial judge erred in concluding that s. 25 did not apply. Wakeling J.A. would have allowed the appeal and ordered a new trial. Argued Date 2023-12-14 Keywords Criminal Law — Defences — Use of force by peace officer — Protection of peace officers — Whether the majority of the Court of Appeal of Alberta erred in upholding the trial judge’s decision that s. 25 of the Criminal Code did not protect the appellant from criminal liability — Whether the majority of the Court of the Appeal erred in upholding the trial judge’s decision that the prosecution had proven the elements of aggravated assault beyond a reasonable doubt — Criminal Code, s. 25. Notes (Alberta) (Criminal) (As of Right) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Trevor Ian James Lindsay v. His Majesty the King (40569)

The appellant, Trevor Ian James Lindsay, is a constable with the Calgary Police Service. While processing an arrestee, an altercation occurred between the appellant and the arrestee that left the latter with serious injuries. The appellant was charged with aggravated assault under s. 268 of the Criminal Code. At trial, the appellant’s defence included s. 25 of the Criminal Code, which protects peace officers from liability related to their lawful use of force. The trial judge concluded that s. 25 did not protect the appellant from criminal liability for his actions. A majority of the Court of Appeal agreed. However, Wakeling J.A., in dissent, would have held that the trial judge erred in concluding that the prosecution had proven beyond a reasonable doubt that the appellant’s actions constituted an assault, and also that the trial judge erred in concluding that s. 25 did not apply. Wakeling J.A. would have allowed the appeal and ordered a new trial. Argued Date 2023-12-14 Keywords Criminal Law — Defences — Use of force by peace officer — Protection of peace officers — Whether the majority of the Court of Appeal of Alberta erred in upholding the trial judge’s decision that s. 25 of the Criminal Code did not protect the appellant from criminal liability — Whether the majority of the Court of the Appeal erred in upholding the trial judge’s decision that the prosecution had proven the elements of aggravated assault beyond a reasonable doubt — Criminal Code, s. 25. Notes (Alberta) (Criminal) (As of Right) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Derrick Michael Lawlor v. His Majesty the King (40500)

The appellant engaged in a sexual encounter with two other men in a park. A number of hours later, the body of one of those men was found in the park; he had died due to external neck compression. The appellant had mental health difficulties and had consumed both psychiatric medication and alcohol around the time he was in the park with the victim and the third man. The appellant had made several statements both before and after the victim’s death that he wanted to harm and kill gay men, and that he had at times carried a rope and a knife to do so. In the days following the killing, the appellant searched the internet for news with respect to the discovery of a body in the park.A jury found the appellant guilty of first-degree murder. A majority of the Court of Appeal dismissed his appeal and held that the trial judge’s instructions to the jury had been appropriate. In dissent, Nordheimer J.A. would have allowed the appeal on two grounds: (1) that the trial judge failed to instruct the jury on the appellant’s mental health as it relates to the intent required for murder and (2) that the trial judge failed to provide a limiting instruction on the use of after-the-fact conduct evidence. Nordheimer J.A. would have ordered a new trial. Argued Date 2023-12-15 Keywords Criminal law — Charge to jury — Non-direction amounting to misdirection — Need to review mental health evidence with jury — Need to include limiting instruction for after-the-fact conduct evidence — Whether Court of Appeal erred by holding that trial judge did not err in not relating mental health evidence to intent required for murder — Whether the Court of Appeal erred by holding that the trial judge did not err in not providing a limiting instruction for after-the-fact conduct evidence Notes (Ontario) (Criminal) (As of Right) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Derrick Michael Lawlor v. His Majesty the King (40500)

The appellant engaged in a sexual encounter with two other men in a park. A number of hours later, the body of one of those men was found in the park; he had died due to external neck compression. The appellant had mental health difficulties and had consumed both psychiatric medication and alcohol around the time he was in the park with the victim and the third man. The appellant had made several statements both before and after the victim’s death that he wanted to harm and kill gay men, and that he had at times carried a rope and a knife to do so. In the days following the killing, the appellant searched the internet for news with respect to the discovery of a body in the park.A jury found the appellant guilty of first-degree murder. A majority of the Court of Appeal dismissed his appeal and held that the trial judge’s instructions to the jury had been appropriate. In dissent, Nordheimer J.A. would have allowed the appeal on two grounds: (1) that the trial judge failed to instruct the jury on the appellant’s mental health as it relates to the intent required for murder and (2) that the trial judge failed to provide a limiting instruction on the use of after-the-fact conduct evidence. Nordheimer J.A. would have ordered a new trial. Argued Date 2023-12-15 Keywords Criminal law — Charge to jury — Non-direction amounting to misdirection — Need to review mental health evidence with jury — Need to include limiting instruction for after-the-fact conduct evidence — Whether Court of Appeal erred by holding that trial judge did not err in not relating mental health evidence to intent required for murder — Whether the Court of Appeal erred by holding that the trial judge did not err in not providing a limiting instruction for after-the-fact conduct evidence Notes (Ontario) (Criminal) (As of Right) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Nicolas Landry v. His Majesty the King (40394)

(PUBLICATION BAN IN CASE)The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his disability was permanent, and the appellant was therefore entitled to permanent disability benefits from his employer. The employer knew of some of the appellant’s work activities but did not tell the physician-arbitrator about them.The trial judge found that all the elements of the offence of fraud over $5,000 had been established. The appellant was convicted of one count of fraud. The majority of the Court of Appeal upheld the trial judge’s decision, while the minority would have substituted a verdict of attempted fraud. Argued Date 2024-01-17 Keywords Criminal law — Offences — Elements of offence — Fraud — Deprivation — Concurrence between actus reus and mens rea — Proof of causation — Whether Court has jurisdiction to hear appeal as of right under s. 691(1)(a) of Criminal Code — Whether majority of Court of Appeal interpreted essential element of deprivation too broadly — Whether victim’s prior knowledge of scheme prevents deprivation from being shown — Criminal Code, R.S.C. 1985, c. C-46, s. 380(1). Notes (Quebec) (Criminal) (As of Right) (Publication ban in case) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Nicolas Landry v. His Majesty the King (40394)

(PUBLICATION BAN IN CASE)The appellant, a police officer, was temporarily off work because of medical problems. During a meeting with a physician-arbitrator who was to determine whether his disability was permanent, the appellant misrepresented his work activities with his former spouse’s travel agencies. The physician-arbitrator found that his disability was permanent, and the appellant was therefore entitled to permanent disability benefits from his employer. The employer knew of some of the appellant’s work activities but did not tell the physician-arbitrator about them.The trial judge found that all the elements of the offence of fraud over $5,000 had been established. The appellant was convicted of one count of fraud. The majority of the Court of Appeal upheld the trial judge’s decision, while the minority would have substituted a verdict of attempted fraud. Argued Date 2024-01-17 Keywords Criminal law — Offences — Elements of offence — Fraud — Deprivation — Concurrence between actus reus and mens rea — Proof of causation — Whether Court has jurisdiction to hear appeal as of right under s. 691(1)(a) of Criminal Code — Whether majority of Court of Appeal interpreted essential element of deprivation too broadly — Whether victim’s prior knowledge of scheme prevents deprivation from being shown — Criminal Code, R.S.C. 1985, c. C-46, s. 380(1). Notes (Quebec) (Criminal) (As of Right) (Publication ban in case) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).