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37101

Christopher Sheriffe v. Her Majesty the Queen

(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)
2016-12-05 Close file on Leave
2016-12-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-12-02 Judgment on leave sent to the parties
2016-12-01 Judgment of the Court on the application for leave to appeal, The motions for an extension of time to serve and file the application for leave to appeal and to serve and file the reply are granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C56713, 2015 ONCA 880, dated December 14, 2015, is dismissed.
Dismissed
2016-12-01 Decision on motion to extend time
Granted
2016-12-01 Decision on motion to extend time to file and /or serve the leave application
Granted
2016-11-22 Correspondence received, Nathan Gorham. New application for leave to appeal related to Mr. Sherriffe's case coming shortly.
2016-10-11 All materials on application for leave submitted to the Judges, Abe Ka Br
2016-10-11 Submission of motion to extend time, to serve and file the reply., Abe Ka Br
2016-10-11 Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br
2016-09-28 Motion to extend time, (Letter Form), For the reply., Completed on: 2016-10-14, (Electronic version filed on 2016-09-28) Christopher Sheriffe
2016-09-19 Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-09-29, (Electronic version filed on 2016-09-19) Christopher Sheriffe
2016-08-31 Motion to extend time, (Letter Form), not required for the Response., Completed on: 2016-08-31, (Electronic version filed on 2016-08-31) Her Majesty the Queen
2016-08-30 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-30) Her Majesty the Queen
2016-08-30 Respondent's response on the application for leave to appeal, (Book Form), (5 volumes), amended copies received 2016-08-31., Completed on: 2016-08-30, (Electronic version filed on 2016-08-30) Her Majesty the Queen
2016-07-19 Letter acknowledging receipt of a complete application for leave to appeal, file opened 2016-07-19.
2016-07-15 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-15) Christopher Sheriffe
2016-07-15 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), consent by the Respondent., Completed on: 2016-07-15 Christopher Sheriffe
2016-07-15 Application for leave to appeal, (Book Form), (4 volumes), Completed on: 2016-07-15, (Electronic version filed on 2016-07-15) Christopher Sheriffe

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
Sheriffe, Christopher Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Sheriffe, Christopher

Counsel
James Lockyer
Lockyer Campbell Posner
30 St. Clair Ave. West, Suite 103
Toronto, Ontario
M4V 3A1
Telephone: (416) 847-2560 Ext: 222
FAX: (416) 847-2564
Email: jlockyer@lzzdefence.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: Her Majesty the Queen

Counsel
Susan L. Reid
Michael Perlin
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2682
FAX: (416) 326-4656
Email: susan.reid@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

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.

Criminal Law – Evidence – Hearsay – Courts – Jurisdiction – Jury Selection – Under the principled exception to the hearsay rule, whether information from confidential informants can be considered necessary because they cannot be identified or called as witnesses and whether reliability can be established by their police handler – Whether the jury selection procedure in this case resulted in the jury being improperly constituted?

Mr. Sheriffe and Mr. Asfaha were jointly tried for first degree murder in relation to the fatal shooting of Bishen Golaub. During selection of a jury, defence counsel intended to challenge members of the jury panel. Counsel for Mr. Sheriffe requested rotating triers with the jury panel excluded from the room during the selection of the jury. After a discussion with counsel regarding the jury selection process, the trial judge chose to use static triers with the jury panel excluded from the room. At trial, a police expert in street gangs testified that, according to confidential informants, Mr. Sheriffe was a member of a gang involved in a gang war. The Crown argued that Mr. Golaub was shot by Mr. Asfaha after he was mistakenly identified as a member of the rival gang and Mr. Sheriffe drove the get-away car. Mr. Sheriffe and Mr. Asfaha testified. Each claimed innocence and gave testimony incriminating the other. Both were convicted by the jury of first degree murder. They appealed jointly and their appeal was dismissed.


Lower court rulings

July 5, 2012
Ontario Superior Court of Justice

11/50000200/0000, 2012 ONSC 387

Conviction by jury, First degree murder

December 14, 2015
Court of Appeal for Ontario

C56713, 2015 ONCA 880

Appeal dismissed

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

Not available

Webcasts

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Date modified: 2025-02-27