Docket

40097

Dia ‘Eddin Hanan v. His Majesty the King

(Ontario) (Criminal) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2023-06-09 Appeal closed
2023-05-05 Written reasons rendered after oral judgment, Côt Row Mar Kas Ja
Allowed
2023-05-01 Transcript received, 48 pages
2023-04-17 Formal judgment sent to the registrar of the court of appeal and all parties
2023-04-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-04-17 Judgment reserved OR rendered with reasons to follow
2023-04-17 Judgment on the appeal rendered, Côt Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal for Ontario, Number C68236, 2022 ONCA 229, dated March 21, 2022, was heard on April 17, 2023, and the Court on that day delivered the following judgment orally:

CÔTÉ J. — We are all of the view to allow the appeal on the first ground relating to s. 11(b) of the Canadian Charter of Rights and Freedoms. This first ground is dispositive, so we decline to address the second.

As the Crown conceded, in view of the s. 11(b) breach, a stay of proceedings is warranted.

Reasons to follow shortly.

We therefore allow the appeal, set aside the convictions and order a stay of proceedings.

Allowed
2023-04-17 Hearing of the appeal, 2023-04-17, Côt Row Mar Kas Ja
Judgment rendered
2023-04-12 Appellant's condensed book, (Book Form), (Printed version due on 2023-04-19) Dia ‘Eddin Hanan
2023-04-12 Correspondence received from, re: filing of Appellant supplemental record Dia ‘Eddin Hanan
2023-04-12 Supplemental document, (Book Form), Supplemental - Appellant's Record, Completed on: 2023-04-13, (Printed version filed on 2023-04-13) Dia ‘Eddin Hanan
2023-04-11 Respondent's condensed book, (Book Form), (Printed version filed on 2023-04-12) His Majesty the King
2023-03-27 Notice of change of counsel, (Letter Form), (Printed version filed on 2023-03-29) His Majesty the King
2023-03-27 Notice of appearance, Tracy Kozlowski and Andrew Hotke will appear before the Court and will present oral argument.
His Majesty the King
2023-03-27 Notice of appearance, Saman Wickramasinghe and Parmbir Gill will appear before the Court and will present oral argument.
Dia ‘Eddin Hanan
2023-03-22 Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing
2023-01-24 Notice of hearing sent to parties, (sent by email)
2023-01-24 Appeal hearing scheduled, 2023-04-17
Judgment rendered
2022-12-30 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), (sent by email)
2022-12-08 Order on motion to extend time, by Justice O'Bonsawin
2022-12-08 Decision on motion to extend time, Ob, UPON APPLICATION by the respondent for an order extending the time to serve and file its factum, record and book of authorities, if any, to October 27, 2022, in the above matter;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time is granted and the respondent is permitted to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada.

Granted
2022-12-08 Submission of motion to extend time, Ob
2022-11-28 Motion to extend time, (Book Form), to serve and file the respondent's appeal documents
, Completed on: 2022-12-08
His Majesty the King
2022-10-27 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version due on 2022-11-03) His Majesty the King
2022-10-27 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-11-03) His Majesty the King
2022-10-27 Respondent's record, (Book Form), (10 volumes), Missing:
- Motion for extension of time (rec'd 2022-11-28), Completed on: 2022-11-28, (Electronic version due on 2022-11-03)
His Majesty the King
2022-10-27 Respondent's factum, (Book Form), Missing:
- Motion for extension of time (rec'd 2022-11-28), Completed on: 2022-11-28, (Printed version due on 2022-11-03)
His Majesty the King
2022-10-20 Order on miscellaneous motion, by BROWN J.
2022-10-20 Decision on miscellaneous motion, Br, UPON APPLICATION by the respondent for an order dispensing with the requirement to obtain leave to intervene for the Attorneys General of the provinces and territories of Canada, and the Attorney General of Canada, and for an order granting the Attorneys General four (4) weeks from the date of this order to serve and file their notice of intervention;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is dismissed.

Dismissed
2022-10-20 Submission of miscellaneous motion, Br
2022-10-11 Response to miscellaneous motion, (Book Form), Completed on: 2022-10-12, (Printed version filed on 2022-10-12) Dia ‘Eddin Hanan
2022-10-03 Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-10-11) His Majesty the King
2022-10-03 Notice of miscellaneous motion, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-10-06) His Majesty the King
2022-08-31 Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-08-31) Dia ‘Eddin Hanan
2022-08-31 Appellant's record, (Book Form), (6 volumes), Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Dia ‘Eddin Hanan
2022-08-31 Appellant's factum, (Book Form), Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Dia ‘Eddin Hanan
2022-08-11 Order on motion to extend time, by MOLDAVER J.
2022-08-11 Decision on motion to extend time, Mo, UPON APPLICATION by the appellant for an order extending the time to serve and file his factum, record and book of authorities, if any, to August 31, 2022;

AND THE MATERIAL FILED having been read;

AND NOTING the consent of the respondent;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Granted
2022-08-11 Submission of motion to extend time, Mo
2022-08-03 Motion to extend time, (Book Form), Missing: Filing Fee (rec' 08/10/22)
, Completed on: 2022-08-10, (Printed version filed on 2022-08-04)
Dia ‘Eddin Hanan
2022-08-03 Notice of change of counsel, (Letter Form), (Printed version filed on 2022-08-04) Dia ‘Eddin Hanan
2022-07-13 Correspondence (sent by the Court) to, the parties, RE: Update on Tentative Hearing Date
2022-06-28 Notice of change of counsel, (Letter Form), (Printed version due on 2022-07-06) His Majesty the King
2022-06-17 Correspondence received from, (Letter Form), Counsel for the appellant, RE: Tentative Hearing Date, (Printed version due on 2022-06-24) Dia ‘Eddin Hanan
2022-06-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to parties by email)
2022-06-14 Appeal hearing
2022-04-25 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-04-25
2022-04-20 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-04-21) Dia ‘Eddin Hanan
2022-04-20 Notice of appeal, (Book Form), Completed on: 2022-04-20, (Printed version filed on 2022-04-21) Dia ‘Eddin Hanan