Case information
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37052
Durham Regional Crime Stoppers Inc., et al. 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) |
|---|---|---|
| 2017-11-09 | Appeal closed | |
| 2017-11-08 | Correspondence received from, (Letter Form), Ms. Susan Magotiaux, Counsel for the Appellant, HMTQ, re: the publication ban has expired. | Durham Regional Crime Stoppers Inc. |
| 2017-09-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-09-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-09-22 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the decision of the Ontario Superior Court of Justice, Number 15/13823, dated April 14, 2016, heard on January 20, 2017, is dismissed. Dismissed |
|
| 2017-07-17 | Correspondence received from, Jennifer Penman and Karen Heath, by email, Re: appellant's trial adjourned (distributed to the court on July 20, 2017) | Keenan Corner |
| 2017-01-20 | Judgment reserved OR rendered with reasons to follow | |
| 2017-01-20 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2017-01-20 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Keenan Corner |
| 2017-01-20 | Appellant's condensed book, (Book Form), Submitted in court (14 copies) | Durham Regional Crime Stoppers Inc. |
| 2017-01-20 |
Hearing of the appeal, 2017-01-20, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-01-13 | Notice of appearance, Bradley Reitz and François Lacasse will be present at the hearing. | Director of Public Prosecutions of Canada |
| 2017-01-13 |
Appeal hearing scheduled, 2017-01-20, Partially in camera Judgment reserved |
|
| 2017-01-12 | Order on miscellaneous motion, by the Chief Justice | |
| 2017-01-12 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by Durham Regional Crimes Stoppers Inc., Appellant, for an order granting additional time for oral argument; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2017-01-12 | Submission of miscellaneous motion, (requests additional time for oral arguments), CJ | |
| 2017-01-12 | Order on miscellaneous motion, By the Chief Justice | |
| 2017-01-12 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by Durham Regional Crimes Stoppers Inc., Appellant, for an order stating the following: 1. That the hearing of this appeal be held in camera in the presence only of the Court, counsel for the Appellant, Durham Regional Crime Stoppers Inc., counsel for the Appellant, X.Y., the Appellant, X.Y., and counsel for the Respondent, Her Majesty the Queen; and 2. An order that counsel for the Intervener, Director of Public Prosecutions, shall not be entitled to present oral argument or, in the alternative, shall be excluded from the hearing until called upon to present oral argument. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted in part. The portion of the courtroom proceedings during which the parties make submissions shall be held in camera. The intervener, the Director of Public Prosecutions, shall be excluded from the courtroom during the in camera proceedings. Staff members of the Court shall be permitted in the courtroom during the in camera proceedings at the discretion of the Court. Following the in camera proceedings, the Director of Public Prosecutions shall be permitted to make submissions in open court in accordance with the order granting said intervener permission to present oral argument at the hearing of the appeal. The courtroom proceedings, including the in camera proceedings, shall be recorded and the recording shall be sealed. The courtroom proceedings shall not be webcast. This order may be modified or vacated by the panel hearing the appeal. Allowed in part |
|
| 2017-01-12 | Submission of miscellaneous motion, (request for hearing of the appeal to be held in camera), CJ | |
| 2017-01-12 |
Order by, Row, FURTHER TO THE ORDER dated December 8, 2016, granting leave to intervene to the Director of Public Prosecutions of Canada; IT IS HEREBY FURTHER ORDERED THAT: The said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2017-01-11 | Notice of appearance, Susan Magotiaux and Mabel Lai will be present at the hearing. | Her Majesty the Queen |
| 2017-01-11 | Appeal perfected for hearing | |
| 2017-01-10 | Response to miscellaneous motion, (Letter Form), Completed on: 2017-01-10 | Her Majesty the Queen |
| 2017-01-09 | Respondent's book of authorities, (Book Form), Completed on: 2017-01-09 | Her Majesty the Queen |
| 2017-01-09 | Respondent's factum, (Book Form), 2 redacted copies - (discarded after the pub ban/sealing order was lifted), Completed on: 2017-01-09 | Her Majesty the Queen |
| 2017-01-09 | Intervener's factum, (Book Form), Completed on: 2017-01-09, (Electronic version filed on 2017-01-09) | Director of Public Prosecutions of Canada |
| 2017-01-06 | Notice of appearance, Mr. Robert S. Gill and Ms. Michelle E. Booth will be present at the hearing. Mr. Gill will present oral arguments. | Durham Regional Crime Stoppers Inc. |
| 2017-01-06 | Notice of appearance, Jennifer Penman and Karen Heath will be present at the hearing. Ms. Penman will present oral arguments. | Keenan Corner |
| 2017-01-06 | Response to miscellaneous motion, (Letter Form), Completed on: 2017-01-06, (Printed version filed on 2017-01-06) | Director of Public Prosecutions of Canada |
| 2017-01-06 | Response to miscellaneous motion, (Letter Form), Completed on: 2017-01-06, (Electronic version filed on 2017-01-06) | Keenan Corner |
| 2017-01-06 | Notice of miscellaneous motion, (Letter Form), (request for additional time for oral arguments), Completed on: 2017-01-06, (Printed version filed on 2017-01-06) | Durham Regional Crime Stoppers Inc. |
| 2017-01-03 | Reply to miscellaneous motion, (Letter Form), Completed on: 2017-01-03 | Durham Regional Crime Stoppers Inc. |
| 2017-01-03 | Response to miscellaneous motion, (Letter Form), Completed on: 2017-01-03 | Keenan Corner |
| 2016-12-21 | Response to miscellaneous motion, (Letter Form), Completed on: 2016-12-21, (Printed version filed on 2016-12-21) | Director of Public Prosecutions of Canada |
| 2016-12-21 | Response to miscellaneous motion, (Letter Form), Completed on: 2016-12-21, (Electronic version filed on 2016-12-21) | Her Majesty the Queen |
| 2016-12-20 | Notice of miscellaneous motion, (Book Form), Motion for an order allowing the hearing to be held in camera., Completed on: 2016-12-20, (Electronic version filed on 2016-12-20) | Durham Regional Crime Stoppers Inc. |
| 2016-12-12 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-14) | Keenan Corner |
| 2016-12-12 | Appellant's book of authorities, (Book Form), Completed on: 2016-12-13, (Electronic version filed on 2016-12-23) | Keenan Corner |
| 2016-12-12 | Appellant's factum, (Book Form), factum sealed, 2 redacted copies filed 2016/12/12 - (discarded after the pub ban/sealing order was lifted), Completed on: 2016-12-12, (Electronic version filed on 2016-12-14) | Keenan Corner |
| 2016-12-08 | Order on motion for leave to intervene, by Justice Rowe | |
| 2016-12-08 |
Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Director of Public Prosecutions of Canada for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before January 9, 2017. The decision with respect to the request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2016-12-08 | Submission of motion for leave to intervene, Row | |
| 2016-12-06 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-12-06, (Printed version filed on 2016-12-06) | Durham Regional Crime Stoppers Inc. |
| 2016-12-06 | Response to the motion for leave to intervene, (Letter Form), consents to the motion, Completed on: 2016-12-06, (Printed version filed on 2016-12-06) | Her Majesty the Queen |
| 2016-12-05 | Motion for leave to intervene, (Letter Form), proof of service to come, Completed on: 2016-12-05, (Electronic version filed on 2016-12-05) | Director of Public Prosecutions of Canada |
| 2016-12-01 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2016-12-01) | Durham Regional Crime Stoppers Inc. |
| 2016-11-30 | Certificate of counsel (attesting to record), (Letter Form), service to come, (Printed version filed on 2016-11-30) | Durham Regional Crime Stoppers Inc. |
| 2016-11-28 | Appellant's book of authorities, (Book Form), Completed on: 2016-11-28, (Electronic version filed on 2016-11-28) | Durham Regional Crime Stoppers Inc. |
| 2016-11-28 | Appellant's record, (Book Form), (2 volumes), record sealed; 2 redacted copies filed 2016/11/28 - (discarded after the pub ban/sealing order was lifted), Completed on: 2016-11-28, (Electronic version filed on 2016-11-28) | Durham Regional Crime Stoppers Inc. |
| 2016-11-28 | Appellant's factum, (Book Form), factum sealed; 2 redacted copies filed 2016/11/28 - (discarded after the pub ban/sealing order was lifted), Completed on: 2016-11-28, (Electronic version filed on 2016-11-28) | Durham Regional Crime Stoppers Inc. |
| 2016-11-23 |
Order by, CJ, The Court was advised by letter dated July 15, 2016 from counsel for Durham Regional Crime Stoppers Inc. that XY should be added as a Respondent in these proceedings. Counsel for XY filed with the Court a letter dated August 26, 2016 indicating that XY supported the application for leave to appeal and intended to participate in the hearing of the appeal. The Registrar of the Court wrote to counsel for XY asking for clarification as to whether XY is taking a position that is adverse in interest to the appellant, and referred to Rule 22(2)(b) of the Rules of the Supreme Court of Canada. The letter filed by counsel for XY on November 17, 2016, indicates that this concern is well-founded. Accordingly, it is hereby ordered that XY shall be added as an appellant in the proceedings before this Court pursuant to Rule 18(5) of the Rules of the Supreme Court of Canada and the style of cause shall be modified to reflect the change. XY shall serve and file a notice of appeal, factum, record and book of authorities no later than December 12, 2016. The record filed by XY shall contain only documents that are not already included in the appellant Durham Regional Crime Stopper’s record and that are necessary to support the submissions in the factum filed by XY. Granted |
|
| 2016-11-21 | Notice of hearing sent to parties | |
| 2016-11-17 | Correspondence received from, agent for XY, letter dated Nov.17/2016, re: position of their client and Rule 18(5). | Keenan Corner |
| 2016-11-14 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1. The appellant’s record, factum and book of authorities shall be served and filed on or before November 28, 2016. 2. 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 December 5, 2016. 3. The appellant and respondents shall serve and file their responses, if any, to the motions for leave to intervene on or before December 7, 2016. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before December 8, 2016. 5. The respondents’ records, factums and books of authorities shall be served and filed on or before January 10, 2017. 6. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 9, 2017. Granted |
|
| 2016-11-09 | Correspondence (sent by the Court) to, Counsel for XY - request for clairification with repsect to client's position. | |
| 2016-11-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-10-31 | Notice of appeal, (Letter Form), Completed on: 2016-10-31 | Durham Regional Crime Stoppers Inc. |
| 2016-10-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-10-27 | Judgment on leave sent to the parties | |
| 2016-10-24 | Correspondence received from, (Letter Form), HMTQ: email letter dated October 24, 2016, re: request for expedited hearing date for the appeal. | Her Majesty the Queen |
| 2016-10-20 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Number 15/13823, dated April 14, 2016, is granted. The motion for an order that this file be sealed, and not available for search by the public, and for an order banning publication of the name of the accused and of any information described as having been contained in any communication received by the Applicant from an anonymous source and relating in any way to the subject matter of the application for leave to appeal and, if leave is granted, to the appeal, is granted on the following terms. All materials filed in the case shall be sealed, except for the redacted copy of the application for leave to appeal which shall be made available for public consultation. The parties shall be required to file a redacted copy of the factum and record, and all such redacted copies shall be made available for public consultation. There shall be a ban on the publication of the name of the accused. There shall be a ban on the publication of any information that might identify the source or the contents of the anonymous communication received by the Applicant that is related to the subject matter of the application for leave to appeal and the appeal. This order may be modified or vacated by the panel hearing the appeal Granted |
|
| 2016-10-20 |
Decision on motion to seal, see judgment on application. Granted |
|
| 2016-09-06 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-09-06 | Submission of motion to seal, Abe Ka Br | |
| 2016-08-26 | Correspondence received from, Dirk Derstine dated 2016-08-26. Re: Supports the application | Keenan Corner |
| 2016-08-16 | Applicant's reply to respondent's argument, Completed on: 2016-08-16 | Durham Regional Crime Stoppers Inc. |
| 2016-08-08 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-08-08 | Respondent's response on the application for leave to appeal, SEALED - Electronic redacted copy rec'd on 2016-10-26 - (discarded after the pub ban/sealing order was lifted), Completed on: 2016-08-08 | Her Majesty the Queen |
| 2016-07-20 | Correspondence received from, Marie-France Major dated 2016-07-20. Re: Replace covers to add XY as respondent | Durham Regional Crime Stoppers Inc. |
| 2016-06-10 | Response to motion to seal, (Letter Form), Completed on: 2016-06-10 | Her Majesty the Queen |
| 2016-06-08 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-06-08 | |
| 2016-06-06 | Motion to seal, (Book Form), File and other relief, Completed on: 2016-06-06 | Durham Regional Crime Stoppers Inc. |
| 2016-06-06 | Correspondence received from, Robert Gill dated 2016-06-02. Re: Sealed application | Durham Regional Crime Stoppers Inc. |
| 2016-06-06 | Certificate (on limitations to public access), Revised certificate rec'd on 2016-06-09 | Durham Regional Crime Stoppers Inc. |
| 2016-06-06 | Notice of name | Durham Regional Crime Stoppers Inc. |
| 2016-06-06 | Application for leave to appeal, Redacted copies filed - (discarded after the pub ban/sealing order was lifted), Completed on: 2016-06-06 | Durham Regional Crime Stoppers Inc. |
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 |
|---|---|---|
| Durham Regional Crime Stoppers Inc. | Appellant | Active |
| Corner, Keenan | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions of Canada | Intervener | Active |
Counsel
Party: Durham Regional Crime Stoppers Inc.
Counsel
Robert S. Gill
Michelle E. Booth
Michelle E. Booth
Clay & Company
Main Floor, 837 Burdett Avenue
Victoria, British Columbia
V8W 1B3
Telephone: (250) 386-2261
FAX: (250) 389-1336
Email: rgill@clay.bc.ca
Main Floor, 837 Burdett Avenue
Victoria, British Columbia
V8W 1B3
Telephone: (250) 386-2261
FAX: (250) 389-1336
Email: rgill@clay.bc.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Corner, Keenan
Counsel
Dirk Derstine
Karen Heath
Jennifer Penman
Karen Heath
Jennifer Penman
Derstine, Penman
302 - 559 College Street
Toronto, Ontario
M6G 1A9
Telephone: (416) 304-1414
FAX: (416) 304-1345
Email: derstine@derstinepenman.com
302 - 559 College Street
Toronto, Ontario
M6G 1A9
Telephone: (416) 304-1414
FAX: (416) 304-1345
Email: derstine@derstinepenman.com
Agent
Michael A. Crystal
Spiteri & Ursulak LLP
1010 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 563-1010
FAX: (613) 563-1011
Email: mac@sulaw.ca
1010 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 563-1010
FAX: (613) 563-1011
Email: mac@sulaw.ca
Party: Her Majesty the Queen
Counsel
Susan Magotiaux
Mabel Lai
Mabel Lai
Attorney General of Ontario
Crown Law Office, Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-5238
FAX: (416) 326-4656
Email: susan.magotiaux@ontario.ca
Crown Law Office, Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-5238
FAX: (416) 326-4656
Email: susan.magotiaux@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Director of Public Prosecutions of Canada
Counsel
Bradley Reitz
Public Prosecution Service of Canada
The Exchange Tower Box 36
3400 - 130 King Street St. W.
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-5042
FAX: (416) 973-8253
Email: Bradley.reitz@ppsc-sppc.gc.ca
The Exchange Tower Box 36
3400 - 130 King Street St. W.
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-5042
FAX: (416) 973-8253
Email: Bradley.reitz@ppsc-sppc.gc.ca
Agent
François Lacasse
Director of Public Prosecutions of Canada
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
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
None.
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.
(PUBLICATION BAN IN CASE) (SEALING ORDER)
Criminal law – Evidence – Privilege – Informants
Criminal law - Evidence - Privilege - Standing - Jurisdiction - Whether Durham Regional Crime Stoppers Inc. has standing to appeal from an interlocutory ruling in criminal proceedings against another party regarding the admissibility of a record of an anonymous tip that it received - Whether the Court has jurisdiction to hear the appeal - Whether informer privilege attaches to anonymous tips made to Crime Stoppers - Whether a trial judge may weigh and consider the content of an anonymous tip - Whether Crown counsel is prevented from disclosing the content of an anonymous tip to defence or the courts except in cases of waiver or innocence-at-stake - Whether privilege is excluded for criminality if admissible evidence demonstrates that a tip is the actus reus of a criminal offence - Appropriate remedy for a breach of anonymity.
Durham Regional Crime Stoppers Inc. solicits members of the public to provide anonymous tips in respect of criminal activity. It shares this information with law enforcement agencies. Its standard record of an anonymous tip includes declarations that the record is its exclusive property, disclosure of the record is strictly prohibited, and the record is not to be included in any investigative file, Crown brief or police report. At issue in this case is whether a record of an anonymous tip about a crime received by Durham Regional Crime Stoppers Inc. is protected by informer privilege or whether it is admissible as evidence for the Crown in criminal proceedings against an accused person.
Lower court rulings
April 14, 2016
Ontario Superior Court of Justice
15/13823
Ontario Superior Court of Justice
15/13823
Decision on voir dire that record admissible into evidence
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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Related links
Date modified: 2025-05-13