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Case information

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33897

Her Majesty the Queen v. Omar Riahi

(Quebec) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
2011-02-22 Close file on Leave
2011-01-28 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-01-28 Judgment on leave sent to the parties
2011-01-27 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-004581-102, dated August 3, 2010, is dismissed without costs.
Dismissed, without costs
2010-12-31 All materials on application for leave submitted to the Judges, LeB De Cha
2010-11-24 Order on motion to extend time
2010-11-24 Decision on motion to extend time, Reg, to serve and file the applicant's reply to November 12, 2010
Granted
2010-11-24 Submission of motion to extend time, Reg
2010-11-12 Motion to extend time, to serve and file the applicant's reply to November 12, 2010, Completed on: 2010-11-24 Her Majesty the Queen
2010-11-12 Applicant's reply to respondent's argument, Completed on: 2010-11-12 Her Majesty the Queen
2010-11-01 Respondent's response on the application for leave to appeal, Completed on: 2010-11-01 Omar Riahi
2010-10-25 Correspondence received from, P. Lescarbeau, dated Oct. 25, 2010, by fax re: change of solicitor, will now be representing the respondent Omar Riahi
2010-10-07 Letter acknowledging receipt of a complete application for leave to appeal
2010-10-04 Application for leave to appeal, Completed on: 2010-10-04 Her Majesty the Queen

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Her Majesty the Queen Applicant Active

v.

Main parties - Respondents
Name Role Status
Riahi, Omar Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Yvan Poulin
Service des poursuites pénales du Canada
200, boul. René-Lévesque Ouest
Tour est, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8319
FAX: (514) 496-7372
Email: yvan.poulin@ppsc-sppc.gc.ca
Agent
François Lacasse
Directeur des poursuites pénales du Canada
284, rue Wellington
2ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca

Party: Riahi, Omar

Counsel
Pascal Lescarbeau
19, rue Le Royer
Bureau 401
Montréal, Quebec
H2X 1W4
Telephone: (514) 871-8389
FAX: (514) 848-1704
Email: pascallescarbeau@yahoo.ca

Summary

Keywords

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.



Criminal law – Sentencing – Sentencing principles – Sentence to be similar to other sentences imposed in similar circumstances – Extent to which sentences imposed for given offence may vary from one region of country to another – Criminal Code, R.S.C. 1985, c. C 46, s. 718.2.

The Respondent, Mr. Riahi, was charged following Operation Colisée, an anti mafia operation that resulted in the arrest of more than 100 individuals in November 2006. He pleaded guilty to four counts: bribery of a customs officer (s. 120 Criminal Code), bribery for the benefit of a criminal organization (s. 467.12 Criminal Code), conspiracy to import and possess cocaine for the purpose of trafficking (s. 465 Criminal Code) and conspiracy for the benefit of a criminal organization (s. 467.12 Criminal Code). He was given an aggregate sentence of three years in a penitentiary even though the Crown had asked for an aggregate sentence of ten years’ imprisonment. On appeal, the Crown argued mainly that the judge had attached too much importance to the rehabilitation factor and not enough importance to the principle that a sentence should be similar to other sentences imposed in similar circumstances. The Court of Appeal dismissed the appeal.


Lower court rulings

January 27, 2010
Court of Quebec

2010 QCCQ 5275, 500-73-002672-67

Intimé condamné à une peine globale de trois ans d'emprisonnement suite à des plaidoyers de culpabilité pour les infractions de corruption d'une douanière (art. 120 Code Criminel), corruption au profit d'une organisation criminelle (art. 467.12 Code crim

August 3, 2010
Court of Appeal of Quebec (Montréal)

2010 QCCA 1398, 500-10-004581-102

Appel rejeté

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

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Webcasts

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Date modified: 2025-02-27