Case information
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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.
| 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
| Name | Role | Status |
|---|---|---|
| Sheriffe, Christopher | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Sheriffe, Christopher
Counsel
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
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
Michael Perlin
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2682
FAX: (416) 326-4656
Email: susan.reid@ontario.ca
Agent
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
Ontario Superior Court of Justice
11/50000200/0000, 2012 ONSC 387
Conviction by jury, First degree murder
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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Related links
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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