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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


34917

Anees Chaudhary v. Warden of Frontenac Institution

(Ontario) (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)
2012-11-20 Close file on Leave
2012-11-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2012-11-16 Judgment on leave sent to the parties
2012-11-15 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 for Ontario, Number C54342, 2012 ONCA 313, dated May 8, 2012, is dismissed without costs.
Dismissed, without costs
2012-10-01 All materials on application for leave submitted to the Judges, F Mo Ka
2012-09-17 Applicant's reply to respondent's argument, (Book Form), Completed on: 2012-09-17 Anees Chaudhary
2012-09-06 Book of authorities, (Book Form) Warden of Frontenac Institution
2012-09-06 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2012-09-06 Warden of Frontenac Institution
2012-08-08 Letter acknowledging receipt of an incomplete application for leave to appeal
2012-08-07 Application for leave to appeal, (Book Form), fees missing, Completed on: 2012-08-16 Anees Chaudhary

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
Chaudhary, Anees Applicant Active

v.

Main parties - Respondents
Name Role Status
Warden of Frontenac Institution Respondent Active

Counsel

Party: Chaudhary, Anees

Counsel
Name
Joseph A. Neuberger
Contact information
Neuberger Rose LLP
1392 Eglington Avenue West
Toronto, Ontario
M6C 2E4
Telephone: (418) 364-3111
FAX: (418) 364-3271
Email: joseph@nrlawyers.com
Agent
Name
Guy Régimbald
Contact information
Gowling WLG (Canada) LLP
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com

Party: Warden of Frontenac Institution

Counsel
Name
Alain Prefontaine
Contact information
Attorney General of Canada
234 Wellington Street, East Tower
Room 1101
Ottawa, Ontario
K1A 0H8
Telephone: (613) 946-3815
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Summary

Keywords

None.

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.

Courts – Jurisdiction – Habeas corpus – Availability of habeas corpus to challenge revocation of parole by National Parole Board – Whether a superior court can only decline habeas corpus jurisdiction if Parliament has put in place a statutory scheme of review that is at least as broad and no less advantageous – Whether parole review process meets this criteria – Whether applicant unlawfully deprived of liberty – Whether R. v. Graham (2001), 275 O.A.C. 200, was wrongly decided – Whether May v. Warden of Ferndale Institution, [2005] 3 S.C.R. 809, was wrongly interpreted and applied.

The applicant was granted full parole from life imprisonment. His parole was suspended for failure to comply with a condition of his parole that required him to make any financial disclosure requested by his parole officer. He was arrested and returned to prison. On February 9, 2010, the National Parole Board reviewed the parole suspension and revoked his parole. The Appeal Division upheld the Board’s decision. The applicant brought a habeas corpus application in Superior Court. The applications judge declined to exercise the court’s habeas corpus jurisdiction.

Lower court rulings

August 5, 2011
Ontario Superior Court of Justice

CR-11-14-MO, 2011 ONSC 4627

Application for order granting habeas corpus with certiorari-in-aid dismissed

May 8, 2012
Court of Appeal for Ontario

C54342, 2012 ONCA 313

Appeal dismissed

Filed documents

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 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 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

Not available

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

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-02-27