Indirect Contact : Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses what constitutes indirect contact.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.


Timothy Lofstrom was charged with a number of offences in relation to his ex-partner and as a result of these charges, he was released on bail conditions that included not contacting her directly or indirectly. Mr. Lofstrom was charged with a breach of those conditions when he showed up at a church service that his ex-partner was also at.

He argued at trial that he hadn’t breached his conditions as he had the right to attend the religious place of his choosing. He was convicted at trial and his appeals were dismissed by the higher courts, he sought leave to the Supreme Court of Canada which was denied.

This case raises interesting issues about what really constitutes indirect contact. Is simply being in the same place as another person the same as indirectly contacting them?

The SCC missed the opportunity here to clarify what is indirect contact in a very clear and concise way so that people subject to bail conditions can know.

Watch the video for more.

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