Docket

38827

S.H. v. Her Majesty the Queen

(Ont.) (Criminal) (As of Right)

(Publication ban in case)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2020-07-15 Appeal closed
2020-03-03 Transcript received, 67 pages
2020-02-20 Formal judgment sent to the registrar of the court of appeal and all parties
2020-02-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-02-19 Judgment on the appeal rendered, Abe Mo Côt Br Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C64876, 2019 ONCA 669, dated September 3, 2019, was heard on February 19, 2020, and the Court on that day delivered the following judgment orally:

MOLDAVER J. (Abella and Côté JJ. concurring) — A majority of the Court is of the view that the evidence adduced by the Crown after the re-opening was essentially confirmatory of the evidence that had already been adduced by the Crown showing that the appellant had constructive possession of the drugs in question. We agree with the majority of the Court of Appeal that the evidence led prior to the re-opening was overwhelming.

In these circumstances, we are satisfied that the Court of Appeal did not err in applying the curative proviso to sustain the convictions.

Accordingly, we would dismiss the appeal.

BROWN J. (Martin J. concurring) — We would allow the appeal and order a new trial. In our view, the trial judge’s error in allowing the Crown to split its case led to an unfair trial, which miscarriage of justice cannot be cured: R. v. Khan, 2001 SCC 86, [2001] 3 S.C.R. 823, at para. 27.
Dismissed
2020-02-19 Hearing of the appeal, 2020-02-19, Abe Mo Côt Br Mar
Judgment rendered
2020-02-19 General proceeding, (Letter Form), Case Sensitivity Questionnaire Her Majesty the Queen
2020-02-19 General proceeding, (Letter Form), Case Sensitivity Questionnaire S.H.
2020-02-19 Certificate (on limitations to public access), (Letter Form), 23B S.H.
2020-02-19 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) S.H.
2020-02-05 Reply factum on appeal, (Included in the respondent's factum), Completed on: 2020-02-05 Her Majesty the Queen
2020-02-05 Notice of appearance, (Letter Form), Alice Barton and Michael Dineen will appear before the court. Ms. Barton will present oral arguments.
S.H.
2020-02-05 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2020-02-05 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen
2020-02-05 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen
2020-02-05 Respondent's record, (Book Form), Completed on: 2020-02-05 Her Majesty the Queen
2020-02-05 Respondent's factum, (Book Form), Completed on: 2020-02-05 Her Majesty the Queen
2020-02-04 Notice of appearance, (Letter Form), Nader Hasan and Taufiq Hashmani will appear before the court. Mr. Hasan will present oral arguments. Criminal Lawyers' Association (Ontario)
2020-02-04 Notice of appearance, (Letter Form), Jennifer Conroy and François Lacasse will appear before the court. Ms. Conroy will present oral arguments.
Her Majesty the Queen
2020-02-03 Intervener's book of authorities, (Book Form), Completed on: 2020-02-03 Criminal Lawyers' Association (Ontario)
2020-02-03 Intervener's factum, (Book Form), Completed on: 2020-02-03 Criminal Lawyers' Association (Ontario)
2020-01-15 Order on motion for leave to intervene, by MARTIN J.
2020-01-15 Decision on the motion for leave to intervene, Mar,
UPON APPLICATION by the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal;

AND UPON REQUEST by the respondent to serve and file a factum in reply to the intervention;

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 to exceed ten (10) pages in length. The deadline set by the Registrar on November 21, 2019, is varied and the intervener shall serve and file its factum and book of authorities, if any, on or before February 3, 2020.

The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The respondent is granted permission to serve and file a single reply factum to the intervener’s factum not to exceed five (5) pages in length on or before February 5, 2020, at 12 p.m. EST.

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 appellant and respondent any additional disbursements resulting from its intervention.

Granted
2020-01-15 Submission of motion for leave to intervene, Mar
2020-01-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-01-02 Her Majesty the Queen
2019-12-20 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-12-20 S.H.
2019-12-20 Certificate (on limitations to public access), (Letter Form), Form 23B Criminal Lawyers' Association (Ontario)
2019-12-20 Certificate (on limitations to public access), (Letter Form), Form 23A Criminal Lawyers' Association (Ontario)
2019-12-20 Notice of name, (Letter Form) Criminal Lawyers' Association (Ontario)
2019-12-20 Motion for leave to intervene, (Book Form), Completed on: 2019-12-20 Criminal Lawyers' Association (Ontario)
2019-12-13 Notice of hearing sent to parties
2019-12-11 Appellant's record, (Book Form), (3 volumes), PUBLICATION BAN, Completed on: 2019-12-11 S.H.
2019-12-11 Certificate of counsel (attesting to record), (Letter Form) S.H.
2019-12-11 Certificate (on limitations to public access), (Letter Form), 23B (factum and record) S.H.
2019-12-11 Appellant's factum, (Book Form), PUBLICATION BAN
2 REDACTED COPIES RECEIVED, Completed on: 2019-12-11
S.H.
2019-11-27 Order on motion to extend time, by ROGER BILODEAU, Q.C.
2019-11-27 Decision on motion to extend time, Reg,
UPON APPLICATION by the appellant for an order extending the time to file its factum and record to December 12, 2019;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
The respondent’s factum, record and book of authorities, if any, shall be served and filed on or before February 5, 2019.
The appeal remains tentatively scheduled to be heard on February 19, 2020.

Granted
2019-11-27 Submission of motion to extend time, Reg
2019-11-27 Reply to motion to extend time, (Letter Form), Completed on: 2019-11-27 S.H.
2019-11-21 Response to motion to extend time, (Letter Form), Amended on 2019-11-22, Completed on: 2019-11-21 Her Majesty the Queen
2019-11-21 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-11-21 Appeal hearing scheduled, 2020-02-19,
The schedule for serving and filing the material is set as follows:

a) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before November 28, 2019.

b) 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 20, 2019.

c) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before January 3, 2020.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before January 7, 2020.

e) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before February 5, 2020.

f) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before February 4, 2020.


Judgment rendered
2019-11-20 Certificate (on limitations to public access), (Letter Form), Form 23B S.H.
2019-11-20 Motion to extend time, (Letter Form), to serve and file the appellant's record and factum., Completed on: 2019-11-20 S.H.
2019-10-08 Letter acknowledging receipt of a notice of appeal, FILE OPENED 10/08/19
2019-10-03 Certificate (on limitations to public access), (Letter Form), 23B S.H.
2019-10-03 Certificate (on limitations to public access), (Letter Form), 23A S.H.
2019-10-03 Notice of appeal, (Letter Form), Missing: CA Order (rec' 10/30/19)
Amended Notice of Appeal (rec' 10/08/19), Completed on: 2019-11-14
S.H.