Docket

39414

Rafi Mohammad Gul v. Her Majesty the Queen

(Quebec) (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)
2021-05-10 Appeal closed
2021-05-05 Transcript received, 50 pages
2021-04-21 General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-04-28) Rafi Mohammad Gul
2021-04-20 Formal judgment sent to the registrar of the court of appeal and all parties
2021-04-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-04-19 General proceeding, (Letter Form), Case Sensitivity Quesionnaire, (Printed version due on 2021-04-26) Her Majesty the Queen
2021-04-19 Judgment on the appeal rendered, CJ Mo Br Row Kas, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006985-194, 2020 QCCA 1557, dated November 18, 2020, was heard on April 19, 2021, and the Court on that day delivered the following judgment orally:

[TRANSLATION]
THE CHIEF JUSTICE (Moldaver and Kasirer JJ. concurring) — The appellant appeals as of right from a decision in which a majority of the Quebec Court of Appeal upheld a verdict of guilty entered by the trial judge.

A majority of judges of this Court would, for the reasons of Savard C.J.Q. and Schrager J.A., and in particular for the reasons set out at para. 44 of the Court of Appeal’s decision, dismiss the appeal.

ROWE J. (Brown J. concurring) — The Crown acknowledges, and we agree with the Quebec Court of Appeal, that the trial judge erred in characterizing a prior event as [TRANSLATION] “probative evidence of past misconduct” (2018 QCCQ 7257, at para. 21 (CanLII)). However, unlike our colleagues, we are of the view that the curative proviso set out in s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46, cannot apply. At para. 21 of his reasons, the trial judge explained that the evidence in question was probative to “demonstrate similarity of conduct, determine the credibility of the accused, establish the identity of the offender and enhance the credibility of the complainant, because her version is contradicted by that of the accused”. In our view, because the assessment of the credibility of the accused and of the complainant was central to the case, this is not a situation in which the Crown’s evidence was overwhelming and conviction was inevitable. As this Court held in R. v. Trochym, 2007 SCC 6, [2007] 1 S.C.R. 239, at para. 82, whether the evidence against an accused is overwhelming is a higher standard than the requirement that the Crown prove its case beyond a reasonable doubt.

For these reasons, we would therefore have allowed the appeal and ordered a new trial on the same charges.
Dismissed
2021-04-19 Hearing of the appeal, 2021-04-19, CJ Mo Br Row Kas
Judgment rendered
2021-04-13 Certificate (on limitations to public access), Form 23B - condensed book Her Majesty the Queen
2021-04-13 Certificate (on limitations to public access), Form 23A - Condensed Book Her Majesty the Queen
2021-04-13 Respondent's condensed book, (Book Form), (Printed version filed on 2021-04-13) Her Majesty the Queen
2021-04-13 Certificate (on limitations to public access), Form 23B - condensed book Rafi Mohammad Gul
2021-04-13 Certificate (on limitations to public access), Form 23A - condensed book, (Printed version due on 2021-04-20) Rafi Mohammad Gul
2021-04-13 Appellant's condensed book, (Book Form), (Printed version filed on 2021-04-13) Rafi Mohammad Gul
2021-04-09 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties, (sent by email)
2021-03-31 Notice of appearance, (Letter Form), Clara Daviault, Jordan Trevick to appear before the Court and to present oral argument
, (Printed version due on 2021-04-09)
Rafi Mohammad Gul
2021-03-29 Notice of appearance, Frédérique Le Colletter to appear before the Court ; Frédérique Le Colletter to present oral argument
Her Majesty the Queen
2021-03-19 Supplemental document, (Letter Form), Annexe 23B, Completed on: 2021-03-29, (Printed version due on 2021-03-26) Her Majesty the Queen
2021-03-19 Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2021-03-26) Her Majesty the Queen
2021-03-19 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-03-23) Her Majesty the Queen
2021-03-19 Respondent's book of authorities, (Book Form), Completed on: 2021-03-29, (Printed version filed on 2021-03-23) Her Majesty the Queen
2021-03-19 Respondent's factum, (Book Form), Completed on: 2021-03-29, (Printed version filed on 2021-03-23) Her Majesty the Queen
2021-02-18 Notice of hearing sent to parties
2021-02-18 Appeal hearing scheduled, 2021-04-19
Judgment rendered
2021-02-09 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version due on 2021-02-16) Rafi Mohammad Gul
2021-02-09 Certificate (on limitations to public access), (Letter Form), 23B-Factum & Record, (Printed version due on 2021-02-16) Rafi Mohammad Gul
2021-02-02 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), by email 2021-02-03
2021-01-28 Appellant's book of authorities, (Book Form), Completed on: 2021-02-08, (Printed version filed on 2021-01-29) Rafi Mohammad Gul
2021-01-28 Appellant's record, (Book Form), (2 volumes), require: 23B, 24A (both rec'd 2021-02-09), Completed on: 2021-02-09, (Printed version filed on 2021-01-29) Rafi Mohammad Gul
2021-01-28 Appellant's factum, (Book Form), require: 23B (rec'd 2021-02-09), Completed on: 2021-02-09, (Printed version filed on 2021-01-29) Rafi Mohammad Gul
2020-12-01 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2020-12-01
2020-11-23 Certificate (on limitations to public access), (Letter Form), 23B

required: amended 23B (rec'd 2021-02-09)
Rafi Mohammad Gul
2020-11-23 Certificate (on limitations to public access), (Letter Form), 23A Rafi Mohammad Gul
2020-11-23 Notice of name, (Letter Form) Rafi Mohammad Gul
2020-11-23 Supplemental document, (Book Form), supplemental document: form 33A (notice of appeal), Completed on: 2020-12-01 Rafi Mohammad Gul
2020-11-23 Notice of appeal, (Book Form), required: amended 23B (rec'd 2021-02-09), Completed on: 2021-02-09, (Printed version filed on 2021-01-29) Rafi Mohammad Gul