Case information
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41703
Richard Leonard Walker v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2026-04-20 | Correspondence received from, (Letter Form), the intervener (Mobile Legal Clinic for the Unhoused), (Printed version due on 2026-04-27) | Mobile Legal Clinic for the Unhoused |
| 2026-04-17 | Intervener's factum, (Book Form), Incomplete, (Printed version due on 2026-04-24) | Attorney General of Ontario |
| 2026-04-17 | Intervener's factum, (Book Form), Completed on: 2026-04-21, (Printed version filed on 2026-04-20) | Criminal Trial Lawyers' Association |
| 2026-04-16 | Intervener's factum, (Book Form), Completed on: 2026-04-17, (Printed version filed on 2026-04-17) | Mobile Legal Clinic for the Unhoused |
| 2026-04-16 |
Intervener's factum, (Book Form), Missing Signature (Rec'd 2026-04-17), Completed on: 2026-04-17, (Printed version filed on 2026-04-16) |
Canadian Civil Liberties Association |
| 2026-04-13 | Correspondence (sent by the Court) to, Letter of direction | |
| 2026-03-23 | Appeal perfected for hearing | |
| 2026-03-23 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2026-03-24) | His Majesty the King |
| 2026-03-23 | Respondent's book of authorities, (Book Form), Completed on: 2026-03-23, (Printed version filed on 2026-03-24) | His Majesty the King |
| 2026-03-23 | Respondent's record, (Book Form), Completed on: 2026-03-23, (Printed version filed on 2026-03-24) | His Majesty the King |
| 2026-03-23 | Respondent's factum, (Book Form), Completed on: 2026-03-23, (Printed version filed on 2026-03-24) | His Majesty the King |
| 2026-03-13 | Order on motion for leave to intervene, by JUSTICE KASIRER | |
| 2026-03-13 |
Decision on the motion for leave to intervene, Kas, UPON APPLICATIONS by the Attorney General of Ontario, the Canadian Civil Liberties Association, the Criminal Trial Lawyers’ Association and the Mobile Legal Clinic for the Unhoused for leave to intervene in the above appeal; AND UPON REQUESTS by the appellant and the respondent to each serve and file a factum in reply to the interventions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted, and the four (4) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before April 17, 2026. The intervener the Mobile Legal Clinic for the Unhoused shall not address in its submissions the argument presented at para. 6(o) of its notice of motion for leave to intervene. The four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellant and respondent are each granted permission to serve and file a single factum in reply to all interventions, not to exceed five (5) pages in length, on or before May 1, 2026. The interveners are not entitled to express a position on the disposition of the appeal, to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Granted |
|
| 2026-03-13 | Submission of motion for leave to intervene, Kas | |
| 2026-03-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2026-03-03, (Printed version filed on 2026-03-13) | His Majesty the King |
| 2026-03-02 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2026-03-04, (Printed version filed on 2026-03-02) | Richard Leonard Walker |
| 2026-02-23 | Notice of name, (Book Form), (Included in the motion for leave to intervene), (Printed version filed on 2026-02-24) | Criminal Trial Lawyers' Association |
| 2026-02-23 | Motion for leave to intervene, (Book Form), Missing : Proof of service (Rec'd 2026-03-02), Completed on: 2026-03-04, (Printed version filed on 2026-02-24) | Criminal Trial Lawyers' Association |
| 2026-02-23 | Notice of name, (Letter Form), (Printed version filed on 2026-02-23) | Canadian Civil Liberties Association |
| 2026-02-23 | Motion for leave to intervene, (Book Form), Completed on: 2026-02-25, (Printed version filed on 2026-02-23) | Canadian Civil Liberties Association |
| 2026-02-23 | Certificate (on limitations to public access), 23B | Attorney General of Ontario |
| 2026-02-23 | Motion for leave to intervene, (Book Form), Incomplete, (Printed version due on 2026-03-02) | Attorney General of Ontario |
| 2026-02-20 | Notice of name, (Letter Form), (Printed version filed on 2026-02-23) | Mobile Legal Clinic for the Unhoused |
| 2026-02-20 | Motion for leave to intervene, (Book Form), Completed on: 2026-02-25, (Printed version filed on 2026-02-23) | Mobile Legal Clinic for the Unhoused |
| 2026-01-28 | Notice of hearing sent to parties | |
| 2026-01-28 | Appeal hearing scheduled, 2026-05-20 | |
| 2026-01-26 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2026-01-28) | Richard Leonard Walker |
| 2026-01-26 | Appellant's record, (Book Form), (2 volumes), Completed on: 2026-01-26, (Printed version filed on 2026-01-27) | Richard Leonard Walker |
| 2026-01-26 | Appellant's factum, (Book Form), Completed on: 2026-01-26, (Printed version filed on 2026-01-27) | Richard Leonard Walker |
| 2026-01-07 | Notice of change of counsel, (Letter Form), Change of Agent , (Printed version filed on 2026-01-20) | His Majesty the King |
| 2025-11-17 | Notice of appeal, (Letter Form), Completed on: 2025-11-17, (Printed version filed on 2025-11-17) | Richard Leonard Walker |
| 2025-10-31 |
Transcript received, 26 pages Printed copy rec'd on 2025-11-03 |
|
| 2025-10-17 | Appeal hearing scheduled, 2025-10-17, FOR WEBCAST PURPOSE ONLY - Application for Leave to appeal hearing | |
| 2025-10-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-10-17 | Judgment on leave sent to the parties | |
| 2025-10-17 |
Judgment of the Court on the application for leave to appeal Granted |
|
| 2025-10-17 |
Hearing of the application for leave to appeal, 2025-10-17, Côt Mar Kas Ob Mor Decision rendered |
|
| 2025-10-15 | Respondent's condensed book, (Book Form), (Printed version filed on 2025-10-15) | His Majesty the King |
| 2025-10-10 | Appellant's condensed book, (Book Form), (Printed version filed on 2025-10-14) | Richard Leonard Walker |
| 2025-09-22 | Correspondence (sent by the Court) to, Letter of appearance in person | |
| 2025-09-10 | Notice of appearance, (Letter Form), Stacey Purser and Emma Toporowski will appear before the Court. Stacey Purser will present oral argument., (Printed version due on 2025-09-17) | Richard Leonard Walker |
| 2025-09-10 | Notice of appearance, (Letter Form), Andrew Barg will appear before the Court. Andrew Barg will present oral argument., (Printed version due on 2025-09-17) | His Majesty the King |
| 2025-07-10 | Notice of hearing sent to parties | |
| 2025-05-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-29 | Judgment on leave sent to the parties | |
| 2025-05-29 |
Judgment of the Court on the application for leave to appeal, The request for an oral hearing of the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 2303-0125A, 2025 ABCA 13, dated January 21, 2025, is granted pursuant to s. 43(1.2) of the Supreme Court Act. The hearing date will be fixed by the Registrar. Oral hearing ordered |
|
| 2025-05-05 |
All materials on application for leave submitted to the Judges, 2025-10-17, for consideration by the Court Decision rendered |
|
| 2025-04-17 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2025-04-17, (Electronic version filed on 2025-04-17) | Richard Leonard Walker |
| 2025-04-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-04-08) | His Majesty the King |
| 2025-04-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-07, (Printed version filed on 2025-04-08) | His Majesty the King |
| 2025-03-14 | Lower court order - e-filing, (Letter Form), Missing Proof of Service(Rec'd-2025-03-14), (Printed version due on 2025-03-21) | Richard Leonard Walker |
| 2025-03-13 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-03-11 | Correspondence received from, (Letter Form), Oral Hearing Request, (Printed version filed on 2025-03-11) | Richard Leonard Walker |
| 2025-03-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-03-11) | Richard Leonard Walker |
| 2025-03-11 | Application for leave to appeal, (Book Form), Completed on: 2025-03-11, (Printed version filed on 2025-03-11) | Richard Leonard Walker |
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 |
|---|---|---|
| Walker, Richard Leonard | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Mobile Legal Clinic for the Unhoused | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Criminal Trial Lawyers' Association | Intervener | Active |
Counsel
Party: Walker, Richard Leonard
Counsel
Emma B. Toporowski
#200, 10237 104th street
Edmonton, Alberta
T5J 1B1
Telephone: (780) 851-7435
Email: purser@criminalappeals.net
Agent
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: His Majesty the King
Counsel
Appeals Unit
300 Centrium Place, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: andrew.barg@gov.ab.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: lea.desjardins@gowlingwlg.com
Party: Mobile Legal Clinic for the Unhoused
Counsel
Robert Delorme
10 332, rue Laverdure
Montréal, Quebec
H3L 2L4
Telephone: (514) 222-7274
FAX: (450) 818-3938
Email: d.tremblay@cji-mlc.org
Party: Attorney General of Ontario
Counsel
Maria Anghelidis
720 Bay Street, 10th floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4590
FAX: (416) 326-4656
Email: frank.au@ontario.ca
Party: Canadian Civil Liberties Association
Counsel
Paul Socka
116 Simcoe Street
Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 868-1203
FAX: (416) 868-0269
Email: edann@edlaw.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1A 5C6
Telephone: (613) 786-0189
FAX: (613) 563-9869
Email: Catherine.Ouellet@gowlingwlg.com
Party: Criminal Trial Lawyers' Association
Counsel
Michael Bates, K.C.
1740, 10123 - 99 Street
Edmonton, Alberta
T5J 3H1
Telephone: (780) 474-2888
FAX: (780) 665-1059
Email: cdick@hatch.law
Summary
Keywords
Criminal law — Arrest — Can a police officer arrest an individual for obstruction under the Criminal Code, during the course of a regulatory (or municipal) investigation where the regulatory (or municipal) statute provides for a lesser enforcement remedy — Does the discretion referenced in Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 allow police officers to engage the more serious Criminal Code provisions during the course of an investigation for less serious regulatory or municipal offences?
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.
During the course of an investigation under the Traffic Safety Act, a police officer attempted to effect a warrantless arrest of the applicant for obstruction under s. 129(a) of the Criminal Code. In a pre-trial application, the trial judge found that the police officer was not executing a lawful arrest, and therefore breached the applicant’s s. 9 Charter right not to be arbitrarily detained by attempting the arrest. The trial judge acquitted the applicant of assault causing bodily harm. The Court of Appeal allowed the appeal, and ordered a new trial.
Lower court rulings
Acquittal entered
Appeal allowed: 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