Case information
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36459
Jeffrey Sebben v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2015-11-09 | Close file on Leave | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
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 Ontario, Number C59397, 2015 ONCA 270, dated April 21, 2015, is dismissed. Dismissed |
|
| 2015-09-21 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2015-07-24 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-07-24, (Electronic version filed on 2015-07-24) | Jeffrey Sebben |
| 2015-06-23 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-23) | Her Majesty the Queen |
| 2015-06-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-06-24, (Electronic version filed on 2015-06-23) | Her Majesty the Queen |
| 2015-05-29 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED MAY 29, 2015 | |
| 2015-05-28 | Certificate (on limitations to public access) | Jeffrey Sebben |
| 2015-05-28 | Application for leave to appeal, Completed on: 2015-05-28 | Jeffrey Sebben |
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
| Name | Role | Status |
|---|---|---|
| Sebben, Jeffrey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Sebben, Jeffrey
Counsel
Toronto, Ontario
M5G 1Y8
Telephone: (416) 585-9329
FAX: (416) 408-2372
Email: delih@ca.inter.net
Agent
900 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Her Majesty the Queen
Counsel
P.O. Box 36, Exchange Tower
3400 - 130 King St. W.
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-0026
FAX: (416) 973-8253
Email: kevin.wilson@justice.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Summary
Keywords
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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.
Charter of Rights and Freedoms – Criminal law – Search and Seizure – Right to counsel – When a motorist is detained at the roadside, when does a police request to perform a consent search and questioning for drugs, constitute a search under section 8 of the Charter of Right and Freedoms – Charter of Rights ss. 8, 10(b).
An off duty police officer saw the applicant driving his vehicle in an erratic manner. A different officer stopped the applicant and administered a roadside breath test and the applicant passed the test. In the course of checking the CPIC database and other related data bases, the police officer received information about a possible connection that the applicant had to drugs. The officer decided to ask the applicant if he would consent to a search of his vehicle. In the course of a very brief discussion that ensued, the applicant produced a bag of marihuana. The officer arrested him for possession of that marihuana and proceeded to conduct a search of the vehicle as an incident of that arrest. The officer found more drugs. The applicant was convicted of possession of marihuana; possession of marihuana for the purpose of trafficking and possession of hashish for the purpose of trafficking. The applicant’s conviction appeal was dismissed.
Lower court rulings
Ontario Court of Justice
Conviction: possession of marihuana; possession of marihuana for the purpose of trafficking and possession of hashish for the purpose of trafficking
Court of Appeal for Ontario
C59397, 2015 ONCA 270
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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Related links
Factums on appeal
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
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