Case information
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37387
Hamed Mohammad Shafia v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2017-04-18 | Close file on Leave | |
| 2017-04-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-04-18 | Judgment on leave sent to the parties | |
| 2017-04-13 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C55528, 2016 ONCA 812, dated November 2, 2016, is dismissed. Dismissed |
|
| 2017-04-13 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2017-03-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-03-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-02-17 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-02-17 | Hamed Mohammad Shafia |
| 2017-02-10 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2017-02-10 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2017-02-10 | Respondent's response on the application for leave to appeal, (Book Form), 2 redacted copies rec'd 2017/02/22, Completed on: 2017-02-10 | Her Majesty the Queen |
| 2017-01-16 | Certificate (on limitations to public access), (Letter Form), 23B, (Electronic version filed on 2017-01-16) | Hamed Mohammad Shafia |
| 2017-01-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017/01/11 | |
| 2017-01-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Electronic version filed on 2017-01-09) | Hamed Mohammad Shafia |
| 2017-01-09 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), on consent, Completed on: 2017-01-09, (Electronic version filed on 2017-01-09) | Hamed Mohammad Shafia |
| 2017-01-09 | Application for leave to appeal, (Book Form), l/c indictment and 23B to come-both rec'd 2017/01/16; amended notice rec'd 2017/01/11-inserted into application; CA Order rec'd separately on 2017/01/09, Completed on: 2017-01-16, (Electronic version filed on 2017-01-09) | Hamed Mohammad Shafia |
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 |
|---|---|---|
| Shafia, Hamed Mohammad | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Shafia, Hamed Mohammad
Counsel
Samuel Walker
235 King Street East
Third Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: shutchison@hhllp.ca
Agent
400-4011 Rooservelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2026
FAX: (613) 688-0271
Email: orees@conway.pro
Party: Her Majesty the Queen
Counsel
Gillian Roberts
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jocelyn.speyer@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
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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.
(PUBLICATION BAN IN CASE)(SEALING ORDER IN CASE)
Criminal law – Evidence – Fresh evidence – Appeals – Whether Court of Appeal erred by departing from settled test for admission of fresh evidence – Whether Court of Appeal erred by finding that the precedent did not apply – Whether Court of Appeal erred by failing to admit fresh evidence?
Hamed Shafia and his parents, Shafia and Yahya Mohammed, each were convicted of four counts of first degree murder for the deaths of three of his sisters and his father’s first wife. The Crown argued at trial that the deaths were honour killings. Hamed and his parents acknowledged before trial that Hamed was 18 years old at the time of the offences. On appeal, Hamed applied to adduce fresh evidence to prove that he was 17 years old at the time of the offences therefore the Ontario Superior Court of Justice was without jurisdiction under the Youth Criminal Justice Act, S.C. 2002, c. 1. The Court of Appeal refused to admit the fresh evidence.
Lower court rulings
Ontario Superior Court of Justice
Conviction by jury on four counts of first degree murder
Court of Appeal for Ontario
C55528, 2016 ONCA 812
Motion to adduce fresh evidence dismissed; Appeal from conviction and sentence 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
Related links
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
Related links
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