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.
35795
Timothy Lee Felger v. Her Majesty the Queen
(British Columbia) (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) |
|---|---|---|
| 2014-10-31 | Transcript received, 21 pages | |
| 2014-10-27 | Close file on Leave | |
| 2014-10-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-10-20 | Judgment on leave sent to the parties | |
| 2014-10-17 |
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), Number CA040496, 2014 BCCA 34, dated January 29, 2014, is dismissed. Dismissed |
|
| 2014-10-17 |
Hearing of the application for leave to appeal, 2014-10-17, CJ Cro Wa Decision rendered |
|
| 2014-10-15 | Notice of appearance, (Letter Form), Mr. Eccles will be appearing | Her Majesty the Queen |
| 2014-10-15 | Notice of appearance, (Letter Form), Roger Thirkell and Ken Beatch will be appearing and Mr. Beatch will make oral submission | Timothy Lee Felger |
| 2014-10-09 | Correspondence (sent by the Court) to, all parties re: videoconference confirmation | |
| 2014-08-29 | Notice of hearing sent to parties | |
| 2014-08-27 |
Appeal hearing scheduled, 2014-10-17, (FOR ORAL HEARING OF THE LEAVE APPLICATION), Start time 2:00 p.m. Decision rendered |
|
| 2014-08-20 | Correspondence received from, Respondent. Request for videoconference. | Her Majesty the Queen |
| 2014-08-19 | Judgment on leave sent to the parties | |
| 2014-08-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-08-15 | Correspondence received from, Applicant. Request for videoconference. | Timothy Lee Felger |
| 2014-08-14 |
Order by, CJ Cro Wa, The application for a mandatory oral hearing pursuant to s. 43(1.2) of the Supreme Court Act from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040496, 2014 BCCA 34, dated January 29, 2014, is granted. Granted |
|
| 2014-05-20 |
All materials on application for leave submitted to the Judges, 2014-10-17, CJ Cro Wa Decision rendered |
|
| 2014-04-25 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-04-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-04-25, (Electronic version filed on 2014-04-25) | Her Majesty the Queen |
| 2014-03-28 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED MARCH 28, 2014 | |
| 2014-03-28 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2014-03-28 | Application for leave to appeal, (Book Form), service to come (rec'd 03-28-2014); AMENDED notice of application filed on May 23, 2014 (consent of the Crown for filing after submission of materials included), Completed on: 2014-04-08, (Electronic version filed on 2014-03-28) | Her Majesty the Queen |
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 |
|---|---|---|
| Felger, Timothy Lee | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Felger, Timothy Lee
Counsel
Kenneth R. Beatch
202-2955 Galdwin Road
Abbotsford, British Columbia
V2T 5T4
Telephone: (604) 855-9942
FAX: (604) 526-8595
Email: roger@thirkellaw.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Her Majesty the Queen
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-3112
FAX: (604) 666-1599
Email: peccles@ppsc-sppc.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 – Search and Seizure – Section 8 of the Charter – Criminal law – Evidence – Privacy Interest – Whether the Court of Appeal erred in law in finding that the applicant had no reasonable expectation of privacy in commercial premise he operated and within which the evidence required to support the conviction was seized – Canadian Charter of Rights and Freedoms, s. 8.
The applicant operated a store. The store had a sign posted that said that police officers were not allowed entry without a warrant. The applicant also had his lawyer send a letter to the Chief of Police indicating that no member of the Abbotsford police department is allowed onto the premises without a warrant. Undercover officers attended the store and purchased marihuana from the applicant. The trial judge excluded the evidence on the basis that it constituted a search that infringed the applicant’s rights under s. 8 of the Charter. The applicant was acquitted of charges of trafficking in marihuana and possession for the purposes of trafficking. The Crown appealed the applicant’s acquittal. The Court of Appeal allowed the appeal, set aside the acquittal, and ordered a new trial.
Lower court rulings
Supreme Court of British Columbia
2012 BCSC 2078, 58401-3
Acquittal entered
Court of Appeal for British Columbia (Vancouver)
2014 BCCA 34, CA040496
Appeal from acquittal allowed, acquittal set aside, and 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 613‑996‑7933 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
Related links
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
Related links
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