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.
38085
Simone Foster 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) |
|---|---|---|
| 2018-09-05 | Close file on Leave | |
| 2018-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-08-24 | Judgment on leave sent to the parties | |
| 2018-08-23 |
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 C62327, 2018 ONCA 53, dated January 24, 2018, is dismissed. Dismissed |
|
| 2018-08-23 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application. Granted |
|
| 2018-06-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-06-25 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-06-13 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-06-13 | Simone Foster |
| 2018-06-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-06-04 | Her Majesty the Queen |
| 2018-06-04 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2018-05-08 | Correspondence received from, No trial court judgment and order. | Simone Foster |
| 2018-05-03 | Letter advising parties of an incomplete application for leave to appeal, (FILE OPENED 2018-05-03) | |
| 2018-04-23 | 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), Completed on: 2018-04-23 | Simone Foster |
| 2018-04-23 | Certificate (on limitations to public access), (Letter Form) | Simone Foster |
| 2018-04-23 | Application for leave to appeal, (Book Form), Completed on: 2018-06-26 | Simone Foster |
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 |
|---|---|---|
| Foster, Simone | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Foster, Simone
Counsel
Toronto, Ontario
M5G 1Z8
Telephone: (647) 378-8838
FAX: (416) 599-1307
Email: martell@martelldefence.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Yael Pressman
P.O. Box 36, Exchange Tower
3400-130 King St. West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-8570
FAX: (416) 952-2116
Email: xenia.proestos@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law – Offences – Elements of offence – Conviction for importing cocaine – Whether importing is a continuing offence – At what point do goods enter the country – What is the time period for considering whether an accused who imports contraband under duress had a safe avenue of escape.
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.
The applicant, Ms. Foster, left Toronto to visit some relatives in Jamaica. While Ms. Foster was in Jamaica she socialized with D.J. a few evenings. According to Ms. Foster, D.J. told her that he wanted her to bring something to his friend in Canada. That “something” turned out to be cocaine. According to Ms. Foster, D.J. made some threats including harm to Ms. Foster, and to her relatives in both Jamaica and Toronto. The next day, D.J. provided Ms. Foster with the bra in which the cocaine was secreted, as well as a second bra and a shirt to wear over it. He drove her to the airport. He reiterated his threats and reminded Ms. Foster that she would be under surveillance during and after the return flight to Toronto. In Toronto, at the secondary inspection, a clothing oddity led to her detention. A pat-down search led to her arrest, and a strip search. The strip search revealed that the bra Ms. Foster was wearing contained 1.2 kg of cocaine. Ms. Foster did not notify anyone about her predicament. After a trial by judge and jury, Ms. Foster was convicted of importing cocaine. Ms. Foster’s conviction appeal was dismissed.
Lower court rulings
Court of Appeal for Ontario
C62327, 2018 ONCA 53
Conviction 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
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