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34524

Mandeep Singh Chehil v. Her Majesty the Queen

(Nova Scotia) (Criminal) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2013-10-01 Appeal closed
2013-09-30 Formal judgment sent to the registrar of the court of appeal and all parties
2013-09-30 Judgment on appeal and notice of deposit of judgment sent to all parties
2013-09-27 Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 339413, 2011 NSCA 82, dated September 16, 2011, heard on January 22, 2013, is dismissed.
Dismissed
2013-03-01 Supplemental document, Decision of the U.S Supreme Court in Florida v. Harris (submitted to the Court of Mar 4/13), Completed on: 2013-03-01 Mandeep Singh Chehil
2013-02-25 Correspondence received from, François Lacasse re: consenting to change of record (submitted to the Court on Mar 4/13) Her Majesty the Queen
2013-02-19 Correspondence received from, Moira Dillon re: change of court record. (Submitted to the Court on Feb 20/13) Mandeep Singh Chehil
2013-02-05 Transcript received, (130 pages)
2013-01-22 Judgment reserved OR rendered with reasons to follow
2013-01-22 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) joint with 34397 Attorney General of Ontario
2013-01-22 Intervener's condensed book, (Book Form), Submitted in Court (14 copies), joint with 34397 Canadian Civil Liberties Association
2013-01-22 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2013-01-22 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Mandeep Singh Chehil
2013-01-22 Acknowledgement and consent for video taping of proceedings, From all parties
2013-01-22 Hearing of the appeal, 2013-01-22, CJ LeB F Abe Ro Cro Mo Ka Wa
Judgment reserved
2013-01-17 Order on motion to strike out, (BY LEBEL J.)
2013-01-17 Decision on motion to strike out, LeB, UPON APPLICATION by the respondent for an order striking paragraphs 1, 2 and 5 to 29 of the factum of the intervener, British Columbia Civil Liberties Association or in the alternative, for an order to have a constitutional question stated and to adjourn this appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
In my view, the factum of the British Columbia Civil Liberties Association does not raise a new issue, but focuses instead on what the R. v. Kang Brown, [2008] 1 S.C.R. 456 standard governing sniffer dog searches means and what its consequences and weaknesses may be. The factum does not go beyond the legitimate scope of an intervention in the context of this appeal. Interveners often comment on the state of the law, how it functions or why and how it should be reformed. That is the essence of an intervener’s role in this Court and that is what the British Columbia Civil Liberties Association’s intervention is doing in this appeal. For these reasons, I would dismiss the motion to strike parts of its factum, and I would not give effect to the alternative request to adjourn the hearing of the appeal in order to permit the parties to file a motion to state a constitutional question.
Dismissed, no order as to costs
2013-01-17 Submission of motion to strike out, LeB
2013-01-16 Response to motion to strike out, (Letter Form), from Amy Alyea dated Jan. 16/13, Completed on: 2013-01-16 Attorney General of Ontario
2013-01-16 Response to motion to strike out, (Letter Form), from Stanley W. MacDonald dated Jan. 16/13, Completed on: 2013-01-16 Mandeep Singh Chehil
2013-01-14 Response to motion to strike out, (Letter Form), from Michael A. Feder dated Jan. 14/13 (joint with 34397), Completed on: 2013-01-14 British Columbia Civil Liberties Association
2013-01-14 Motion to strike out, (Book Form), paragraphs of BCCLA intevener's factum (joint with 34397), Completed on: 2013-01-14 Her Majesty the Queen
2013-01-11 Notice of appearance, Michael Feder and Michael Rosenberg will be present at the hearing. British Columbia Civil Liberties Association
2013-01-11 Notice of appearance, Amy Alyea will be present at the hearing. Attorney General of Ontario
2013-01-11 Notice of appearance, Will not be appearing at the hearing. Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2013-01-11 Notice of appearance, Mark Covan and Douglas Curliss, Q.C. will be present at the hearing. Her Majesty the Queen
2013-01-10 Decision on motion to extend time, LeB, AND IT IS HEREBY FURTHER ORDERED THAT the motion by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic extending the time to serve and file its factum and book of authorities to January 9, 2013 is granted. The request to present oral argument at the hearing of these appeals is denied.
Granted, no order as to costs
2013-01-10 Submission of motion to extend time, LeB
2013-01-10 Order by, LeB, FURTHER TO THE ORDER dated November 5, 2012, granting leave to intervene to the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic;
AND UPON APPLICATION by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for an order extending the time to serve and file its factum and book of authorities to January 9, 2013;
AND THE MATERIAL FILED having been read;
IT IS HEREBY FURTHER ORDERED that the Attorney General of Ontario, the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals.
AND IT IS HEREBY FURTHER ORDERED THAT the motion by the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic extending the time to serve and file its factum and book of authorities to January 9, 2013 is granted. The request to present oral argument at the hearing of these appeals is denied.
Granted, no order as to costs
2013-01-09 Intervener's book of authorities, Completed on: 2013-01-10 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2013-01-09 Intervener's factum, CD to follow - Rec'd on January 17, 2013, Completed on: 2013-01-18 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2013-01-09 Motion to extend time, to serve and file their factum and book of authorities to Jan. 9/13 - joint with 34397, Completed on: 2013-01-09 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2013-01-08 Notice of appearance, Stan MacDonald will be present at the hearing. Mandeep Singh Chehil
2013-01-08 Notice of appearance, Mahmud Jamal, David Mollica and David Rankin will be present at the hearing. Canadian Civil Liberties Association
2013-01-07 Intervener's book of authorities, Joint with 34397, Completed on: 2013-01-07 Attorney General of Ontario
2013-01-07 Intervener's factum, Joint with 34397, Completed on: 2013-01-07 Attorney General of Ontario
2013-01-04 Intervener's book of authorities, Joint with 34397, Completed on: 2013-01-04 British Columbia Civil Liberties Association
2013-01-04 Intervener's factum, Joint with 34397, Completed on: 2013-01-04 British Columbia Civil Liberties Association
2013-01-03 Intervener's book of authorities, Joint with 34397, Completed on: 2013-01-03 Canadian Civil Liberties Association
2013-01-03 Intervener's factum, Joint with 34397, Completed on: 2013-01-03 Canadian Civil Liberties Association
2012-12-11 Submission of motion to adduce new evidence
2012-12-10 Notice of hearing sent to parties
2012-12-03 Order on motion to adduce new evidence, (BY LEBEL J.)
2012-11-29 Decision on motion to adduce new evidence, LeB, UPON APPLICATION by the respondent for an order admitting as fresh evidence the affidavit of Cpl. Greg Fraser (retired), sworn on October 22, 2012;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is deferred to the panel hearing the appeal.
Referred, no order as to costs
2012-11-29 Submission of motion to adduce new evidence, LeB
2012-11-26 Reply to motion to adduce new evidence, (Letter Form), from Mark Govan dated Nov 26/12 (submitted to panel Dec. 11/12), Completed on: 2012-11-26 Her Majesty the Queen
2012-11-22 Correspondence received from, Burke Robertson rec'd by email Nov. 22/12 re: change of solicitor Attorney General of Ontario
2012-11-22 Appeal hearing scheduled, 2013-01-22, (to be heard with 34397)
Judgment reserved
2012-11-15 Response to the motion to adduce new evidence, (Book Form), (sent to panel Dec. 11/12), Completed on: 2012-11-15 Mandeep Singh Chehil
2012-11-06 Motion to adduce new evidence, (Book Form), Vol. I & II (sent to panel Dec. 11/12), Completed on: 2012-11-06 Her Majesty the Queen
2012-11-05 Order on motion for leave to intervene, (BY LEBEL J.) (joint with 34397)
2012-11-05 Decision on the motion for leave to intervene, (joint with 34397), LeB, UPON APPLICATIONS by the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Attorney General of Ontario, the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association and Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic are granted and the said four interveners shall be entitled to each serve and file a single factum not to exceed 10 pages in length on or before January 7, 2013.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners are 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 interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their interventions
Granted
2012-11-05 Submission of motion for leave to intervene, LeB
2012-10-30 Appeal perfected for hearing
2012-10-22 Respondent's book of authorities, Completed on: 2012-10-22 Her Majesty the Queen
2012-10-22 Respondent's record, Completed on: 2012-10-22 Her Majesty the Queen
2012-10-22 Respondent's factum, Completed on: 2012-10-22 Her Majesty the Queen
2012-10-02 Reply to the motion for leave to intervene, (Letter Form), from Tamir Israel dated October 2/12, Completed on: 2012-10-02 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-10-02 Response to the motion for leave to intervene, (Letter Form), from François Lacasse dated Oct 2/12 (joint with 34397), Completed on: 2012-10-02 Her Majesty the Queen
2012-09-28 Response to the motion for leave to intervene, (Letter Form), from Stanley MacDonald dated Sept 27/12, Completed on: 2012-09-28 Mandeep Singh Chehil
2012-09-27 Response to the motion for leave to intervene, (Letter Form), from Stanley Macdonald dated Sept 27/12 re: response to motion for intervention of AG Ontario, Completed on: 2012-09-27 Mandeep Singh Chehil
2012-09-24 Motion for leave to intervene, (Book Form), (joint with 34397), Completed on: 2012-09-24 British Columbia Civil Liberties Association
2012-09-24 Motion for leave to intervene, (Book Form), Completed on: 2012-09-24 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2012-09-24 Motion for leave to intervene, (Book Form), (joint with 34397), Completed on: 2012-09-24 Canadian Civil Liberties Association
2012-09-17 Motion for leave to intervene, (joint with 34397), Completed on: 2012-09-17 Attorney General of Ontario
2012-08-27 Appellant's record, (Book Form), Vol. 1 to 5, Completed on: 2012-08-27 Mandeep Singh Chehil
2012-08-27 Appellant's book of authorities, (Book Form), Completed on: 2012-08-27 Mandeep Singh Chehil
2012-08-27 Appellant's factum, (Book Form), Completed on: 2012-08-29 Mandeep Singh Chehil
2012-06-05 Notice of appeal, Completed on: 2012-06-05 Mandeep Singh Chehil
2012-05-22 Transcript received, (18 pages)
2012-05-11 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2012-05-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-05-08 Judgment on leave sent to the parties
2012-05-07 Judgment of the Court on the application for leave to appeal, After hearing the parties on the leave application on May 7, 2012, the application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 339413, 2011 NSCA 82, dated September 16, 2011, is granted without costs, Deschamps J. dissenting.
Granted, without costs
2012-05-07 Hearing of the application for leave to appeal, 2012-05-07, CJ De Cro
Decision rendered
2012-05-07 Correspondence received from, All parties consented to broadcast and distribution Mandeep Singh Chehil
2012-05-03 Correspondence (sent by the Court) to, Mr. Covan re: confirming the videoconference
2012-05-02 Correspondence received from, Stan MacDonald appearing in person Mandeep Singh Chehil
2012-05-02 Correspondence received from, Mr. Covan appearing by videoconference Her Majesty the Queen
2012-04-16 Correspondence received from, Stanley W. MacDonald, Q.C. will be appearing at the hearing of the application Mandeep Singh Chehil
2012-03-29 Correspondence received from, François Lacasse re: request for videoconference Her Majesty the Queen
2012-03-29 Notice of hearing sent to parties, (Oral hearing on application for leave)
2012-03-29 Appeal hearing scheduled, 2012-05-07, (Oral hearing on Application for Leave) (Start Time - 9:30 A.M.)
2012-03-29 Order by, CJ De Cro, The request for an oral hearing of the application for leave to appeal from the judgment of the of the Nova Scotia Court of Appeal, Number CAC 339413, 2011 NSCA 82, dated September 16, 2011 is granted. The hearing is scheduled for May 7, 2012.
Oral hearing ordered
2012-02-20 All materials on application for leave submitted to the Judges, 2012-05-07, CJ De Cro
Decision rendered
2012-01-10 Applicant's reply to respondent's argument, Originaly rec'd by fax, Completed on: 2012-01-10 Mandeep Singh Chehil
2011-12-13 Respondent's response on the application for leave to appeal, Completed on: 2011-12-13 Her Majesty the Queen
2011-11-15 Correspondence received from, Moira Dillon dated November 14, 2011. Re: No formal order was issued at the trial court Mandeep Singh Chehil
2011-11-14 Letter acknowledging receipt of a complete application for leave to appeal
2011-11-14 Application for leave to appeal, (the applicant has requested an oral hearing of this leave application pursuant to s. 43(1.2) of the Supreme Court Act.), Completed on: 2011-11-14 Mandeep Singh Chehil

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

Main parties - Appellants
Name Role Status
Chehil, Mandeep Singh Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Canadian Civil Liberties Association Intervener Active
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic Intervener Active
British Columbia Civil Liberties Association Intervener Active

Counsel

Party: Chehil, Mandeep Singh

Counsel
Stanley W. MacDonald, Q.C.
Garson MacDonald
1741 Brunswick Street
Halifax, Nova Scotia
B3J 3X8
Telephone: (902) 425-0222
FAX: (902) 423-4690
Email: stan.macdonald@garsonmacdonald.ca
Agent
Moira Dillon
Supreme Law Group
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
Mark J. Covan
Douglas Curliss, Q.C.
Public Prosecution Service of Canada
Suite 1400, Duke Tower
5251 Duke Street
Halifax, Nova Scotia
B3J 1P3
Telephone: (902) 426-5535
Email: mark.covan@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

Party: Attorney General of Ontario

Counsel
Amy Alyea
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4187
FAX: (416) 326-4656
Email: amy.alyea@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

Party: Canadian Civil Liberties Association

Counsel
Mahmud Jamal
David Mollica
W. David Rankin
Osler, Hoskin & Harcourt LLP
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
Patricia J. Wilson
Osler, Hoskin & Harcourt LLP
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com

Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic

Counsel
Tamir Israel
University of Ottawa
Faculty of Law
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2914
FAX: (613) 562-5417
Email: tisrael@cippic.ca

Party: British Columbia Civil Liberties Association

Counsel
Michael A. Feder
H. Michael Rosenberg
McCarthy Tétrault LLP
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com

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 Criminal law Search and seizure Freedom from unreasonable search and seizure Sniff search of suitcase by sniffer dog led to discovery of drugs Whether police conduct violated s. 8 of the Charter Whether the evidence should have been excluded pursuant to s. 24(2) of the Charter.

The appellant, Mr. Chehil, was travelling by plane from Vancouver to Halifax. His travel patterns raised the suspicion of the police. When Mr. Chehil arrived, the police deployed a sniffer dog to smell his suitcase. The dog identified the suitcase, as well as a cooler immediately next to the suitcase, as containing narcotics. Mr. Chehil was arrested, his suitcase was searched and a large quantity of cocaine was discovered. The cooler was also searched but did not contain drugs. The trial judge held that the search violated Mr. Chehil’s Charter rights. He concluded that the specific facts of the case did not meet the “reasonable suspicion” standard for deploying a drug sniffer dog, and that even if the use of the dog was Charter compliant, the dog’s incorrect indication of drugs in the cooler undermined his reliability such that his positive indication of drugs in the suitcase did not give rise to reasonable grounds to believe the suitcase contained drugs. The drugs were excluded, resulting in an acquittal. The Court of Appeal allowed the appeal and ordered a new trial.

Lower court rulings

August 26, 2010
Supreme Court of Nova Scotia, Trial Division

CRH 319974, 2010 NSSC 255

Acquittal entered for possession for the purpose of trafficking; rights under ss. 7, 8 and 9 Charter infringed; evidence excluded pursuant to s. 24(2) of the Charter

September 16, 2011
Nova Scotia Court of Appeal

CAC 339413, 2011 NSCA 82

Appeal allowed; no Charter breach; new trial ordered

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.

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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.

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Date modified: 2024-10-03