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.
38909
Kristian Langenfeld v. Toronto Police Services Board, et al.
(Ontario) (Civil) (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) |
|---|---|---|
| 2020-07-13 | Close file on Leave | |
| 2020-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-03 | Judgment on leave sent to the parties | |
| 2020-04-02 |
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 C65691, 2019 ONCA 716, dated September 12, 2019, is dismissed. Dismissed |
|
| 2020-02-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-01-16 | Certificate (on limitations to public access), (Letter Form) | Toronto Police Chief Mark Saunders |
| 2020-01-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-16 | Toronto Police Chief Mark Saunders |
| 2020-01-16 | Notice of name | Toronto Police Services Board |
| 2020-01-16 | Certificate (on limitations to public access), (Letter Form) | Toronto Police Services Board |
| 2020-01-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-16 | Toronto Police Services Board |
| 2019-12-05 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2019-12-05 | |
| 2019-11-06 | Certificate (on limitations to public access), (Letter Form), 23A | Kristian Langenfeld |
| 2019-11-06 | Application for leave to appeal, (Book Form), Completed on: 2019-12-05 | Kristian Langenfeld |
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 |
|---|---|---|
| Langenfeld, Kristian | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Toronto Police Services Board | Respondent | Active |
| Toronto Police Chief Mark Saunders | Respondent | Active |
Counsel
Party: Langenfeld, Kristian
Counsel
31 Adelaide St. E.
P.O. Box 518, Stn. Adelaide
Toronto, Ontario
M5C 2J6
Telephone: (416) 787-5928
FAX: (416) 787-6145
Email: selwyn@selwynpieters.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Toronto Police Services Board
Counsel
Lauren E. Elliott
Station 1260, Metro Hall
55 John Street, 26th Floor
Toronto, Ontario
M5V 3C6
Telephone: (416) 392-7224
FAX: (416) 397-5624
Email: ffischer@toronto.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Toronto Police Chief Mark Saunders
Counsel
Cynthia B. Kuehl
Christopher T. Shorey
130 Adelaide Street West
Suite 2400, P.O. Box 95
Toronto, Ontario
M5H 3P5
Telephone: (416) 601-2350
FAX: (416) 867-2402
Email: echerniak@lerners.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
Charter of Rights — Freedom of expression — Right to attend public meeting — Chief of Police introduced security protocol requiring most people entering police headquarters to pass through security to enter building — Security examined persons with metal detector wand and inspected bags visually — Applicant wished to attend public Police Services Board meeting in building — Applicant refused to pass through security — Applicant denied access to building — Whether security measures infringe Charter right to freedom of expression by imposing warrantless search without reasonable and probable grounds — Whether Chief of Police, as occupier of police headquarters, has rights of occupier of private property — Whether security protocol must be authorized by statutory or regulatory provisions.
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.
In June 2017, the Chief of the Toronto Police Service instituted a new security protocol at Police Headquarters under which anyone entering the building would be examined with a metal detector wand, and any bag in their possession would be inspected visually. The special constables performing the security protocol were only authorized to screen individuals, not to seize items or conduct criminal investigations, but they could request the assistance of police officers.
Mr. Langenfeld, a Toronto resident, regularly attended meetings of the Police Services Board, which must ordinarily be held in public, for several years. The meetings were held in the Police Headquarters. After the security protocol was instituted, Mr. Langenfeld refused to pass through security and was refused entry to the building. As a result, he was unable to attend the meeting. He applied for an injunction and for an order that the Chief discontinue the security protocol.
Copeland J. granted declaratory relief under s. 24(1) of the Charter. The Court of Appeal allowed the appeal.
Lower court rulings
Ontario Superior Court of Justice
2018 ONSC 3447, CV-17-584207
Practice of searching individuals wishing to attend Police Service Board meetings prior to entry into police headquarters infringes s. 2(b) of Canadian Charter and is not justified under s. 1
Court of Appeal for Ontario
2019 ONCA 716, C65691
Appeal allowed; order of Copeland J. set aside; Mr. Langenfeld’s application dismissed
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