Docket

39803

Erhard Haniffa v. His Majesty The King

(Ontario) (Criminal) (By Leave)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2023-01-11 Appeal closed
2022-11-25 Formal judgment sent to the registrar of the court of appeal and all parties
2022-11-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2022-11-24 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for Ontario, Number C64988, 2021 ONCA 326, dated May 17, 2021, heard on May 17, 2022, is dismissed.
Dismissed
2022-06-02 Transcript received, Joint with 39871, 39676 and 39664
116 pages
2022-05-17 Judgment reserved OR rendered with reasons to follow
2022-05-17 Hearing of the appeal, 2022-05-17, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment reserved
2022-05-16 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2022-05-13 Respondent's condensed book, (Book Form), Joint condensed book (39664-39676-39803-39871), (Printed version due on 2022-05-20) His Majesty The King
2022-05-13 Appellant's condensed book, (Book Form), (Printed version due on 2022-05-20) Erhard Haniffa
2022-05-05 Correspondence (sent by the Court) to, Information relating to upcoming hearing
2022-05-05 Correspondence received from, (Letter Form), (Printed version due on 2022-05-12) Director of Public Prosecutions
2022-05-03 Intervener's factum, (Book Form), Completed on: 2022-05-04, (Printed version filed on 2022-05-03) Director of Public Prosecutions
2022-05-03 Intervener's book of authorities, (Book Form), Completed on: 2022-05-04, (Printed version filed on 2022-05-09) British Columbia Civil Liberties Association
2022-05-03 Intervener's factum, (Book Form), Completed on: 2022-05-04, (Printed version filed on 2022-05-09) British Columbia Civil Liberties Association
2022-05-02 Intervener's factum, (Book Form), Completed on: 2022-05-04, (Printed version filed on 2022-05-02) Criminal Lawyers' Association of Ontario
2022-05-02 Intervener's book of authorities, (Book Form), Completed on: 2022-05-04, (Printed version filed on 2022-05-02) Canadian Civil Liberties Association
2022-05-02 Intervener's factum, (Book Form), Completed on: 2022-05-04, (Printed version filed on 2022-05-02) Canadian Civil Liberties Association
2022-04-28 Correspondence (sent by the Court) to, Letters of direction relating to upcoming hearing
2022-04-20 Notice of appearance, (Letter Form), Lisa Fineberg, Katie Doherty will appear / present oral argument at the hearing., (Printed version due on 2022-04-27) His Majesty The King
2022-04-19 Notice of appearance, (Letter Form), Boris Bytensky will appear / present oral argument at the hearing. , (Printed version due on 2022-04-26) Erhard Haniffa
2022-04-14 Notice of appearance, (Letter Form), Gerald Chan, Spencer Bass will appear at the hearing. Gerald Chan will present oral argument., (Printed version due on 2022-04-25) British Columbia Civil Liberties Association
2022-04-14 Notice of appearance, (Letter Form), Michael Lacy, Bryan Badali will appear at the hearing. Michael Lacy will present oral argument. , (Printed version due on 2022-04-25) Criminal Lawyers' Association of Ontario
2022-04-14 Notice of appearance, (Letter Form), Danielle Glatt, Catherine Fan will appear at the hearing. Danielle Glatt will present oral argument., (Printed version due on 2022-04-25) Canadian Civil Liberties Association
2022-04-06 Order on motion for leave to intervene, (joint with 39664, 39871 and 39676) by Justice Kasirer (sent to all parties electronically)
2022-04-06 Order on motion to extend time, see order on intervention
2022-04-06 Decision on the motion for leave to intervene, Kas, UPON APPLICATIONS by the Criminal Lawyers’ Association of Ontario, the British Columbia Civil Liberties Association and the Canadian Civil Liberties Association for an order extending the time to serve and file motions for leave to intervene and for leave to intervene in the above four (4) appeals;

AND UPON APPLICATION by the Director of Public Prosecutions of Canada for leave to intervene in the Jaffer (39676), Haniffa (39803) and Dare (39871) appeals, in addition to leave previously being granted in the Ramelson (39664) appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for an extension of time by the Criminal Lawyers’ Association of Ontario and the British Columbia Civil Liberties Association to intervene in the Ramelson (39664) and Haniffa (39803) appeals are granted.

The motion for an extension of time by the Canadian Civil Liberties Association to intervene in the Ramelson (39664), Haniffa (39803) and Dare (39871) appeals is granted.

The motions for leave to intervene are granted and the said four (4) interveners shall be entitled to each serve and file a single factum for all four (4) appeals not to exceed ten (10) pages in length on or before May 3, 2022.

The said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.

The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

The requests by the appellants in the Ramelson (39664) and Haniffa (39803) appeals to file a reply to the intervention by the Director of Public Prosecutions of Canada is denied.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants and the respondents any additional disbursements resulting from their interventions.

Granted
2022-04-06 Decision on motion to extend time, Kas, see decision on intervention
Granted
2022-04-06 Submission of motion for leave to intervene, Kas
2022-04-06 Submission of motion to extend time, Kas
2022-04-04 Certificate (on limitations to public access), (Letter Form), 23A - Factum, (Printed version filed on 2022-04-06) His Majesty The King
2022-04-04 Respondent's factum, (Book Form), Completed on: 2022-04-14, (Printed version filed on 2022-04-06) His Majesty The King
2022-03-30 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-03-30 Erhard Haniffa
2022-03-29 Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2022-03-30 His Majesty The King
2022-03-29 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-03-30 His Majesty The King
2022-03-22 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file the motion on intervention, Completed on: 2022-03-23 Canadian Civil Liberties Association
2022-03-22 Motion for leave to intervene, (Book Form), (joint with 39676, 39871 and 39664), Completed on: 2022-03-23 Canadian Civil Liberties Association
2022-03-21 Response to the motion for leave to intervene, (Letter Form), (joint with 39676, 39871 and 39664), Completed on: 2022-03-22 His Majesty The King
2022-03-21 Response to the motion for leave to intervene, (Letter Form), (BCCLA), Completed on: 2022-03-21 Erhard Haniffa
2022-03-21 Response to the motion for leave to intervene, (Letter Form), (CLA), Completed on: 2022-03-21 Erhard Haniffa
2022-03-18 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-28) British Columbia Civil Liberties Association
2022-03-18 Notice of name, (Letter Form), (Printed version filed on 2022-03-28) British Columbia Civil Liberties Association
2022-03-18 Motion for leave to intervene, (Book Form), (joint with 39676, 39664 and 39871)
MISSING:
Filing Fee, Incomplete, (Printed version filed on 2022-03-28)
British Columbia Civil Liberties Association
2022-03-17 Notice of name Criminal Lawyers' Association of Ontario
2022-03-17 Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file the motion for leave to intervene, Completed on: 2022-03-17 Criminal Lawyers' Association of Ontario
2022-03-17 Motion for leave to intervene, (Book Form), (Joint motion with files 39676, 39664 and 39871)
MISSING:
Filing Fee, Incomplete
Criminal Lawyers' Association of Ontario
2022-03-14 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-03-14, (Printed version filed on 2022-03-16) Erhard Haniffa
2022-03-11 Motion for leave to intervene, (Book Form), (Joint with 39781/39676 and 39664)
MISSING:
Filing Fee, Incomplete
Director of Public Prosecutions
2022-02-21 Certificate (on limitations to public access), 23A/23B, (Printed version due on 2022-02-28) Erhard Haniffa
2022-02-21 Certificate of counsel (attesting to record), (Printed version filed on 2022-03-01) Erhard Haniffa
2022-02-21 Appellant's record, (Book Form), (6 volumes), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Erhard Haniffa
2022-02-21 Appellant's factum, (Book Form), Completed on: 2022-03-02, (Printed version filed on 2022-03-01) Erhard Haniffa
2022-02-04 Notice of hearing sent to parties
2022-02-04 Appeal hearing scheduled, 2022-05-17
Judgment reserved
2022-01-14 Correspondence received from, (Letter Form), Correspondence filed in 39664/39676/39803/39871
regarding: response in Jaffer, the targeted hearing date for the Ramelson and Haniffa appeals, and the filing deadlines for the material in all four matters. , (Printed version due on 2022-01-21)
His Majesty The King
2022-01-07 Notice of appeal, (Letter Form), Completed on: 2022-01-18, (Printed version filed on 2022-01-14) Erhard Haniffa
2022-01-06 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email)
The hearing of this appeal is tentatively set for the week of May 16, 2022. In order for the hearing to proceed at this time, the schedule for serving and filing the material is set as follows:

a) The notice of appeal and the appellant’s notice of constitutional question, if any, shall be served and filed on or before January 10, 2022.

b) The respondents’ notice of constitutional question, if any, shall be served and filed on or before January 10, 2022.

c) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before February 21, 2022.

a) 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 March 14, 2022.


b) The appellant and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before March 21, 2022.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 23, 2022.

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 May 3, 2022


f) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before April 4, 2022.

g) The hearing of the appeal is tentatively scheduled for the week of May 16, 2022.

2021-12-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-12-23 Judgment on leave sent to the parties
2021-12-23 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C64988, 2021 ONCA 326, dated May 17, 2021, is granted only on the entrapment issue. The appeal is to be heard with the appeal as of right in Corey Daniel Ramelson v. Her Majesty the Queen (39664).
Granted
2021-12-23 Decision on motion to extend time to file and /or serve the leave application, See decision on application
Granted
2021-12-06 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-12-06 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2021-10-21 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-10-28) His Majesty The King
2021-10-21 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-12-02, (Printed version filed on 2021-10-21) His Majesty The King
2021-09-22 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-09-22
2021-08-27 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2021-09-22, (Printed version filed on 2021-09-13) Erhard Haniffa
2021-08-27 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-09-13) Erhard Haniffa
2021-08-27 Application for leave to appeal, (Book Form), Completed on: 2021-08-27, (Printed version filed on 2021-09-13) Erhard Haniffa