Supreme Court of Canada Hearings

Commission scolaire francophone des Territoires du Nord-Ouest, A.B., et al. v. Minister of Education, Culture and Employment of the Northwest Territories, et al. (39915)

In 2018 and 2019, the Minister of Education, Culture and Employment of the Northwest Territories denied six applications for admission to French-language schools made by non-rights holder parents. The ineligibility of their children was assessed according to the criteria established in the Ministerial Directive — Enrolment of Students in French First Language Education Programs developed by the government of the Territories. Because none of the criteria in the Directive applied in the circumstances, the parents asked the Minister to exercise her residual discretion to authorize the admission of the six children concerned, which was denied. The non-rights holder parents and the school board applied for judicial review of the Minister’s decisions. In two judgments, the Northwest Territories Supreme Court set aside the Minister’s decisions on the ground that there had been no proportionate balancing of the protections guaranteed by s. 23 of the Charter and the government’s interests. The majority of the Court of Appeal allowed the Minister’s appeals and restored her decisions. The court found that the chambers judge’s reasoning on constitutional values had proceeded on the mistaken assumption that the case involved constitutional rights. The families in question did not qualify under s. 23 because they were not rights holders, and they therefore had no legal or statutory right or expectation to have their children attend the French-language schools. Argued Date 2023-02-09 Keywords Constitutional law - Charter of Rights, Administrative law - Constitutional law — Charter of Rights — Minority language educational rights — Ministerial directive — Administrative law — Discretion — Right to use French in court proceedings — Simultaneous interpretation — Children of non-rights holder parents — Minister denying applications for admission to French-language minority schools — Decisions set aside at first instance but restored on appeal — Whether Minister had to consider purpose of s. 23 in her decision-making process — Whether Minister’s denials were reasonable — Whether there was infringement of right to use French in courts protected by s. 19(1) of Charter and s. 9(1) of OLA — In alternative, whether right to natural justice was breached — Canadian Charter of Rights and Freedoms, ss. 19(1) and 23 — Official Languages Act, R.S.N.W.T. 1988, c. O-1, s. 9(1). Notes (Northwest Territories) (Civil) (By Leave) 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).

Daniel Brunelle, et al. v. His Majesty the King (39917)

The appellants, who were charged with various offences related to the large scale trafficking of cannabis, were arrested at the same time in more than one judicial district. They were divided into four different groups for separate trials. The appellants in the first group brought a motion for a stay of proceedings for abuse of process based on a series of infringements of the rights of the accused, and primarily their right to counsel.On August 27, 2018, Dumas J. of the Superior Court entered a stay of proceedings on the ground that the police conduct had undermined the integrity of the justice system. He noted that the infringement of the right to counsel was the most serious infringement. On May 7, 2019, at a hearing before Dumas J., the parties agreed that the decision rendered concerning group 1 would apply to the accused in the other groups. The proceedings against all the other accused were therefore stayed. The Court of Appeal allowed the appeals, set aside the judgments of August 27, 2018 and May 7, 2019 staying the court proceedings, and ordered a new trial. It found that the trial judge necessarily had to assess the situation of each accused individually, since a remedy could be granted only to a person whose own constitutional rights had been infringed. That error in itself justified a new hearing. Argued Date 2023-02-08 Keywords Constitutional law - Charter of Rights, Enforcement (s. 24), Abuse of process - Constitutional law — Charter of Rights — Enforcement — Stay of proceedings — Abuse of process — Residual category — Standing — Infringement of right to counsel — Given that infringement of personal right is not determinative in application for stay of proceedings based on residual category, what standing is required to seek remedy in this category through s. 24(1) of Canadian Charter of Rights and Freedoms — Whether Crown can appeal conclusion of judgment that ends proceedings even though Crown specifically asked trial judge to reach such conclusion. Notes (Quebec) (Criminal) (By Leave) 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).

Commission scolaire francophone des Territoires du Nord-Ouest, A.B., et al. v. Minister of Education, Culture and Employment of the Northwest Territories, et al. (39915)

In 2018 and 2019, the Minister of Education, Culture and Employment of the Northwest Territories denied six applications for admission to French-language schools made by non-rights holder parents. The ineligibility of their children was assessed according to the criteria established in the Ministerial Directive — Enrolment of Students in French First Language Education Programs developed by the government of the Territories. Because none of the criteria in the Directive applied in the circumstances, the parents asked the Minister to exercise her residual discretion to authorize the admission of the six children concerned, which was denied. The non-rights holder parents and the school board applied for judicial review of the Minister’s decisions. In two judgments, the Northwest Territories Supreme Court set aside the Minister’s decisions on the ground that there had been no proportionate balancing of the protections guaranteed by s. 23 of the Charter and the government’s interests. The majority of the Court of Appeal allowed the Minister’s appeals and restored her decisions. The court found that the chambers judge’s reasoning on constitutional values had proceeded on the mistaken assumption that the case involved constitutional rights. The families in question did not qualify under s. 23 because they were not rights holders, and they therefore had no legal or statutory right or expectation to have their children attend the French-language schools. Argued Date 2023-02-09 Keywords Constitutional law - Charter of Rights, Administrative law - Constitutional law — Charter of Rights — Minority language educational rights — Ministerial directive — Administrative law — Discretion — Right to use French in court proceedings — Simultaneous interpretation — Children of non-rights holder parents — Minister denying applications for admission to French-language minority schools — Decisions set aside at first instance but restored on appeal — Whether Minister had to consider purpose of s. 23 in her decision-making process — Whether Minister’s denials were reasonable — Whether there was infringement of right to use French in courts protected by s. 19(1) of Charter and s. 9(1) of OLA — In alternative, whether right to natural justice was breached — Canadian Charter of Rights and Freedoms, ss. 19(1) and 23 — Official Languages Act, R.S.N.W.T. 1988, c. O-1, s. 9(1). Notes (Northwest Territories) (Civil) (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).

Cindy Dickson v. Vuntut Gwitchin First Nation (39856)

The appellant, Cindy Dickson, is a member of the respondent Vuntut Gwitchin First Nation (“VGFN”) in the Yukon Territory; she resides in Whitehorse, instead of the VGFN’s Settlement Lands, approximately 800km away, for family medical reasons and other socio-economic reasons. Ms. Dickson sought to stand for election to the Council of the VGFN. However, the VGFN constitution specifies that any Councillor must reside on the Settlement Land (the “residency requirement”); it also states that if an eligible candidate for Chief or Councillor does not reside on Settlement Lands during the election, and wins their desired seat, they must relocate to the Settlement Lands within 14 days of election day. Given that Ms. Dickson was unwilling to move to the Settlement Lands, the VGFN Council declined to remove the residency requirement from the constitution, and rejected Ms. Dickson’s candidacy for the position of Councillor. Ms. Dickson then sought a declaration in the Yukon Supreme Court that the residency requirement was inconsistent with her right to equality protected and guaranteed by s. 15(1) of the Charter, could not be justified under s. 1 of the Charter, and was therefore of no force or effect.The chambers judge issued a number of declarations, concluding that while the Charter applies to the VGFN Council and to the residency requirement in the VGFN constitution, the residency requirement at its core does not infringe s. 15(1) of the Charter. However, the time limit for relocation specified in the residency requirement — “within 14 days” — does infringe s. 15(1), and should be severed from the requirement and declared to be of no force and effect pursuant to s. 52 of the Constitution Act, 1982 (the declaration of invalidity was suspended for 18 months).Alternatively, if this was incorrect and the residency requirement does infringe the s. 15(1) equality right, even without the time limit, the chambers judge concluded that s. 25 of the Charter would apply so as to “shield” the residency requirement (albeit with severance of the words “within 14 days”) from a finding of infringement. Argued Date 2023-02-07 Keywords Constitutional law - Canadian charter (Non-criminal), Application (s. 32), Right to equality (s. 15), Aboriginal peoples (s. 35), Treaty rights, Self-government - Constitutional law — Charter of rights — Application — Right to equality — Discrimination based on aboriginality-residence — Aboriginal peoples — Treaty rights — Self-government — First Nation constitution requiring elected Band councillors to relocate to settlement lands within 14 days of election — Appellant’s candidacy for councillor rejected for refusing to relocate if elected — Appellant challenging constitutional validity of residency requirement — Various declarations issued, including that Charter applies to First Nation’s residency requirement, that time limit in requirement infringes right to equality, but that s. 25 of Charter operates so as to shield requirement from review — Whether scope of “other rights and freedoms” that “pertain to aboriginal peoples of Canada” set out in s. 25 of Charter includes residency requirement — Whether court required to conduct full analysis of Charter right engaged, including s. 1, or whether application of s. 25 means collective rights need not be balanced with other interests — Whether Charter applies to residency requirement in constitution of self-governing First Nation — Whether residency requirement inconsistent with Charter, including whether analogous ground of “aboriginality-residence” rigidly applies in all circumstances of Indigenous governance — Canadian Charter of Rights and Freedoms, ss. 1, 15, 25, 32. Notes (Yukon Territory) (Civil) (By Leave) 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).

Daniel Brunelle, et al. v. His Majesty the King (39917)

The appellants, who were charged with various offences related to the large scale trafficking of cannabis, were arrested at the same time in more than one judicial district. They were divided into four different groups for separate trials. The appellants in the first group brought a motion for a stay of proceedings for abuse of process based on a series of infringements of the rights of the accused, and primarily their right to counsel.On August 27, 2018, Dumas J. of the Superior Court entered a stay of proceedings on the ground that the police conduct had undermined the integrity of the justice system. He noted that the infringement of the right to counsel was the most serious infringement. On May 7, 2019, at a hearing before Dumas J., the parties agreed that the decision rendered concerning group 1 would apply to the accused in the other groups. The proceedings against all the other accused were therefore stayed. The Court of Appeal allowed the appeals, set aside the judgments of August 27, 2018 and May 7, 2019 staying the court proceedings, and ordered a new trial. It found that the trial judge necessarily had to assess the situation of each accused individually, since a remedy could be granted only to a person whose own constitutional rights had been infringed. That error in itself justified a new hearing. Argued Date 2023-02-08 Keywords Constitutional law - Charter of Rights, Enforcement (s. 24), Abuse of process - Constitutional law — Charter of Rights — Enforcement — Stay of proceedings — Abuse of process — Residual category — Standing — Infringement of right to counsel — Given that infringement of personal right is not determinative in application for stay of proceedings based on residual category, what standing is required to seek remedy in this category through s. 24(1) of Canadian Charter of Rights and Freedoms — Whether Crown can appeal conclusion of judgment that ends proceedings even though Crown specifically asked trial judge to reach such conclusion. Notes (Quebec) (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).

Cindy Dickson v. Vuntut Gwitchin First Nation (39856)

The appellant, Cindy Dickson, is a member of the respondent Vuntut Gwitchin First Nation (“VGFN”) in the Yukon Territory; she resides in Whitehorse, instead of the VGFN’s Settlement Lands, approximately 800km away, for family medical reasons and other socio-economic reasons. Ms. Dickson sought to stand for election to the Council of the VGFN. However, the VGFN constitution specifies that any Councillor must reside on the Settlement Land (the “residency requirement”); it also states that if an eligible candidate for Chief or Councillor does not reside on Settlement Lands during the election, and wins their desired seat, they must relocate to the Settlement Lands within 14 days of election day. Given that Ms. Dickson was unwilling to move to the Settlement Lands, the VGFN Council declined to remove the residency requirement from the constitution, and rejected Ms. Dickson’s candidacy for the position of Councillor. Ms. Dickson then sought a declaration in the Yukon Supreme Court that the residency requirement was inconsistent with her right to equality protected and guaranteed by s. 15(1) of the Charter, could not be justified under s. 1 of the Charter, and was therefore of no force or effect.The chambers judge issued a number of declarations, concluding that while the Charter applies to the VGFN Council and to the residency requirement in the VGFN constitution, the residency requirement at its core does not infringe s. 15(1) of the Charter. However, the time limit for relocation specified in the residency requirement — “within 14 days” — does infringe s. 15(1), and should be severed from the requirement and declared to be of no force and effect pursuant to s. 52 of the Constitution Act, 1982 (the declaration of invalidity was suspended for 18 months).Alternatively, if this was incorrect and the residency requirement does infringe the s. 15(1) equality right, even without the time limit, the chambers judge concluded that s. 25 of the Charter would apply so as to “shield” the residency requirement (albeit with severance of the words “within 14 days”) from a finding of infringement. Argued Date 2023-02-07 Keywords Constitutional law - Canadian charter (Non-criminal), Application (s. 32), Right to equality (s. 15), Aboriginal peoples (s. 35), Treaty rights, Self-government - Constitutional law — Charter of rights — Application — Right to equality — Discrimination based on aboriginality-residence — Aboriginal peoples — Treaty rights — Self-government — First Nation constitution requiring elected Band councillors to relocate to settlement lands within 14 days of election — Appellant’s candidacy for councillor rejected for refusing to relocate if elected — Appellant challenging constitutional validity of residency requirement — Various declarations issued, including that Charter applies to First Nation’s residency requirement, that time limit in requirement infringes right to equality, but that s. 25 of Charter operates so as to shield requirement from review — Whether scope of “other rights and freedoms” that “pertain to aboriginal peoples of Canada” set out in s. 25 of Charter includes residency requirement — Whether court required to conduct full analysis of Charter right engaged, including s. 1, or whether application of s. 25 means collective rights need not be balanced with other interests — Whether Charter applies to residency requirement in constitution of self-governing First Nation — Whether residency requirement inconsistent with Charter, including whether analogous ground of “aboriginality-residence” rigidly applies in all circumstances of Indigenous governance — Canadian Charter of Rights and Freedoms, ss. 1, 15, 25, 32. Notes (Yukon Territory) (Civil) (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).

D.R. v. His Majesty the King (40039)

(PUBLICATION BAN)At trial, the appellant was acquitted of sexual interference, invitation to sexual touching and sexual assault respecting the complainant, a person under the age of 16 years. A majority of the Court of Appeal of Newfoundland and Labrador allowed the Crown’s appeal and ordered a new trial. It held that the trial judge engaged in impermissible stereotypical reasoning when assessing the complainant’s credibility by relying on the stereotypes that a victim could not be happy to see her abuser regardless of her age and circumstances, and that a victim will exhibit avoidant behaviour around her abuser if she were truly being abused. In dissent, White J.A. would have dismissed the appeal. In his view, the trial judge did not rely on any myth or stereotype about sexual assault when assessing the complainant’s credibility. Argued Date 2022-12-01 Keywords Criminal law - Evidence - Criminal law — Evidence — Credibility — Stereotypical reasoning — Whether the majority of the Court of Appeal erred in law in ruling that the trial judge relied upon impermissible stereotypes of victims of sexual abuse when he assessed the complainant’s credibility. Notes (Newfoundland & Labrador) (Criminal) (As of Right) (Publication ban in case) (Publication ban on party) 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).

Frederick Langford Sharp, et al. v. Autorité des marchés financiers, et al. (39920)

In 2017, the AMF brought an action before the FMAT alleging that the appellants participated in a transnational pump and dump scheme by improperly influencing or manipulating the price of a stock in contravention of the Quebec Securities Act, CQLR, c. V-1.1.According to the AMF, the appellants, who are residents of B.C., made financial transactions through offshore companies incorporated in several countries with bank accounts in Europe. AMF alleged that they acted in concert to acquire the shares of a Nevada company (Solo), give it a legitimate face and promote its business for the purpose of fraudulently increasing the value of its shares and then selling them for a profit, for distribution among themselves. Solo’s shares are traded on an over-the-counter market in New York. The AMF alleged that at all material times, Solo was under the direction of a Québec resident and was a reporting issuer in Québec with a business address in Montreal. It also alleged that the misleading press releases and promotional materials, a portion of which originated in Montreal, were accessible to Québec residents and that approximately fifteen investors in Québec lost a total of $5,000 as a result of the activities. AMF’s action sought to have the FMAT order the appellants to cease any activity in respect of a transaction in securities; prohibit them from acting as directors or officers of an issuer, dealer, adviser or investment fund manager for five years; and impose administrative penalties on them, all pursuant to ss. 265, 273.3, 195.2, 199.1(1) and 273.1 of the Securities Act.The appellants brought preliminary motions for declinatory exceptions arguing that the FMAT was without jurisdiction. The FMAT denied the appellants’ motions and confirmed its jurisdiction to hear the action. The Quebec Superior Court dismissed the application for judicial review, and the Quebec Court of Appeal dismissed the appeal. Argued Date 2023-01-18 Keywords Constitutional law - Private international law, Extraterritoriality, Legislation, Interpretation, Administrative law, Boards and tribunals, Jurisdiction - Constitutional law — Constitutional applicability — Private international law — Extraterritoriality — Jurisdiction of Québec Court — Legislation — Interpretation —Administrative law — Boards and Tribunals — Jurisdiction — Did the Court of Appeal err in deciding that the provisions of the C.C.Q. setting out the International Jurisdiction of Québec Authorities (articles 3134 to 3145) do not apply to administrative proceedings before the Financial Markets Administrative Tribunal (FMAT) — Did the Court of Appeal err in deciding that the FMAT can assert adjudicative jurisdiction over out-of-province defendants based on legislative or territorial jurisdiction — Did the Court of Appeal err in affirming the FMAT’s jurisdiction over the application by the Autorité des Marchés Financiers (AMF) against Sharp — Are the provisions of the C.C.Q. governing the International Jurisdiction of Québec Authorities applicable to administrative proceedings before a Québec tribunal in the context of disputes relating to the implementation of provincial laws concerning property and civil rights — If the provisions of the C.C.Q. are not applicable, must the Court’s jurisdiction be founded on the presence of specific and predetermined presumptive connecting factors relating to the alleged violations or is it sufficient for the Court to find some form of connection deemed sufficient between Québec and the overall context within which the violations took place — Is the test met in the circumstances of this case — Can article 3148 C.C.Q. be applied by analogy to ground the jurisdiction of Québec courts and tribunals in proceedings of a different nature than a personal action of patrimonial nature — Can article 3136 C.C.Q. apply to the present action in the absence of a request to this effect before the FMAT and in the absence of any evidence as to the impossibility that the Appellants’ alleged conduct be adjudicated elsewhere. Notes (Quebec) (Civil) (By Leave) 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).

Frederick Langford Sharp, et al. v. Autorité des marchés financiers, et al. (39920)

In 2017, the AMF brought an action before the FMAT alleging that the appellants participated in a transnational pump and dump scheme by improperly influencing or manipulating the price of a stock in contravention of the Quebec Securities Act, CQLR, c. V-1.1.According to the AMF, the appellants, who are residents of B.C., made financial transactions through offshore companies incorporated in several countries with bank accounts in Europe. AMF alleged that they acted in concert to acquire the shares of a Nevada company (Solo), give it a legitimate face and promote its business for the purpose of fraudulently increasing the value of its shares and then selling them for a profit, for distribution among themselves. Solo’s shares are traded on an over-the-counter market in New York. The AMF alleged that at all material times, Solo was under the direction of a Québec resident and was a reporting issuer in Québec with a business address in Montreal. It also alleged that the misleading press releases and promotional materials, a portion of which originated in Montreal, were accessible to Québec residents and that approximately fifteen investors in Québec lost a total of $5,000 as a result of the activities. AMF’s action sought to have the FMAT order the appellants to cease any activity in respect of a transaction in securities; prohibit them from acting as directors or officers of an issuer, dealer, adviser or investment fund manager for five years; and impose administrative penalties on them, all pursuant to ss. 265, 273.3, 195.2, 199.1(1) and 273.1 of the Securities Act.The appellants brought preliminary motions for declinatory exceptions arguing that the FMAT was without jurisdiction. The FMAT denied the appellants’ motions and confirmed its jurisdiction to hear the action. The Quebec Superior Court dismissed the application for judicial review, and the Quebec Court of Appeal dismissed the appeal. Argued Date 2023-01-18 Keywords Constitutional law - Private international law, Extraterritoriality, Legislation, Interpretation, Administrative law, Boards and tribunals, Jurisdiction - Constitutional law — Constitutional applicability — Private international law — Extraterritoriality — Jurisdiction of Québec Court — Legislation — Interpretation —Administrative law — Boards and Tribunals — Jurisdiction — Did the Court of Appeal err in deciding that the provisions of the C.C.Q. setting out the International Jurisdiction of Québec Authorities (articles 3134 to 3145) do not apply to administrative proceedings before the Financial Markets Administrative Tribunal (FMAT) — Did the Court of Appeal err in deciding that the FMAT can assert adjudicative jurisdiction over out-of-province defendants based on legislative or territorial jurisdiction — Did the Court of Appeal err in affirming the FMAT’s jurisdiction over the application by the Autorité des Marchés Financiers (AMF) against Sharp — Are the provisions of the C.C.Q. governing the International Jurisdiction of Québec Authorities applicable to administrative proceedings before a Québec tribunal in the context of disputes relating to the implementation of provincial laws concerning property and civil rights — If the provisions of the C.C.Q. are not applicable, must the Court’s jurisdiction be founded on the presence of specific and predetermined presumptive connecting factors relating to the alleged violations or is it sufficient for the Court to find some form of connection deemed sufficient between Québec and the overall context within which the violations took place — Is the test met in the circumstances of this case — Can article 3148 C.C.Q. be applied by analogy to ground the jurisdiction of Québec courts and tribunals in proceedings of a different nature than a personal action of patrimonial nature — Can article 3136 C.C.Q. apply to the present action in the absence of a request to this effect before the FMAT and in the absence of any evidence as to the impossibility that the Appellants’ alleged conduct be adjudicated elsewhere. Notes (Quebec) (Civil) (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).

Andrei Bykovets v. His Majesty the King (40269)

In September 2017, the police commenced an investigation related to the purchase of virtual gift cards with fraudulent credit card information. The police was told that the fraudulent online transactions used two IP addresses. The police obtained warrants to search the two residences associated with the IP addresses. The appellant was arrested and charged with 33 offences relating to the possession and use of third parties’ credit cards and personal identification documents, and firearms. The appellant filed a notice alleging the breach of his rights under s. 8 of the Charter as well as other rights. The trial judge found that it was not objectively reasonable to recognize a subjective expectation of privacy in an IP address used by an individual. She concluded that there was no breach of s. 8. The appellant was eventually convicted of 13 of the original 33 counts, which he appealed. The majority of the Court of Appeal of Alberta dismissed the appeal. It found that the trial judge correctly interpreted the scope of the law that governed her s. 8 analysis. The majority concluded that she applied the correct interpretation to her factual findings, which reveal no palpable or overriding error. Veldhuis J.A., dissenting, would have allowed the appeal and ordered a new trial. She found that the appellant had a reasonable expectation of privacy in the IP addresses and that his s. 8 rights were violated. Argued Date 2023-01-17 Keywords Constitutional law - Canadian charter (Criminal), Search and seizure (s. 8) - Constitutional law — Charter of Rights — Search and seizure — Investigation related to purchase of virtual gift cards with fraudulent credit card information — Police obtaining internet protocol (“IP”) addresses to locate residences — Whether reasonable expectation of privacy attaches to IP address — Canadian Charter of Rights and Freedoms, s. 8. Notes (Alberta) (Criminal) (As of Right) 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).