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.
38930
Raul Bulhosen 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) |
|---|---|---|
| 2020-03-13 | Close file on Leave | |
| 2020-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-03-06 | Judgment on leave sent to the parties | |
| 2020-03-05 |
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 C63745, 2019 ONCA 600, dated July 15, 2019, is dismissed. Dismissed |
|
| 2020-03-05 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application. Granted |
|
| 2020-01-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-01-27 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2020-01-10 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2020-01-10 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2020-01-10 | Her Majesty the Queen |
| 2019-12-09 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 12/09/19 | |
| 2019-11-27 | Certificate (on limitations to public access), (Letter Form) | Raul Bulhosen |
| 2019-11-27 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2019-12-08 | Raul Bulhosen |
| 2019-11-27 | Application for leave to appeal, (Book Form), Missing: Amended notice of application, SIGNED copy of the CA reasons for judgment; CA order missing-rec'd 2020/01/23, Completed on: 2020-01-29 | Raul Bulhosen |
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 |
|---|---|---|
| Bulhosen, Raul | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Bulhosen, Raul
Counsel
36 Lombard Street, Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (647) 973-5402
FAX: (416) 598-3384
Email: breana@gvlaw.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
Bradley Reitz
7685 Hurontario Street, Suite 400
Toronto, Ontario
L6W 0B4
Telephone: (905) 457-2109
FAX: (613) 996-9138
Email: Lisa.Mathews@ppsc-sppc.gc.ca
Summary
Keywords
Charter of Rights and Freedoms — Right to be tried within a reasonable time — Criminal law — Trial — Whether 30 month or 18 month presumptive ceiling applies — Whether court can presume Crown counsel’s decision to prefer direct indictment was to minimize delay?
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.
Mr. Bulhosen and thirteen co-accused were charged with counts for conspiring to import cocaine, laundering proceeds of crime and participating in a criminal organization. Crown counsel originally indicated intent to hold a preliminary hearing but, thirteen months after arrest and before the preliminary hearing, Crown counsel preferred a direct indictment. Mr. Bulhosen and other co-accused applied to the Superior Court of Justice to stay the proceedings for breach of the right to be tried within a reasonable time guaranteed by s. 11(b) of the Charter of Rights and Freedoms. The motions judge dismissed the applications, applying a 30 month presumptive ceiling, and finding delay beyond the ceiling was attributable to the exceptional circumstance of the complexity of the case. Mr. Bulhosen was convicted. The Court of Appeal dismissed a joint appeal from the dismissal of the s. 11(b) applications.
Lower court rulings
Ontario Superior Court of Justice
2016 ONSC 7284, 4355/15
Application to dismiss trial proceedings for unreasonable delay dismissed
Court of Appeal for Ontario
2019 ONCA 600, C63745
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
Not available
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
Not available