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.
39331
Samir Arif v. Her Majesty the Queen
(Quebec) (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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2021-02-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-02-05 | Judgment on leave sent to the parties | |
| 2021-02-04 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-006614-182 and 500-10-006770-182, 2020 QCCA 848, dated June 23, 2020, is dismissed. Dismissed |
|
| 2020-12-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-11-05 | Applicant's reply to respondent's argument, (Book Form), Amended reply rec'd 2020/11/06, Completed on: 2020-11-05 | Samir Arif |
| 2020-10-30 | Notice of name, (Letter Form) | Her Majesty the Queen |
| 2020-10-30 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2020-11-02) | Her Majesty the Queen |
| 2020-10-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-30, (Printed version filed on 2020-11-02) | Her Majesty the Queen |
| 2020-10-02 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 10/02/20 | |
| 2020-09-21 | Certificate (on limitations to public access), (Letter Form), Amended Form 23A required-rec'd 2020/12/18, (Printed version filed on 2020-12-29) | Samir Arif |
| 2020-09-21 |
Application for leave to appeal, (Book Form), Missing: Amended form 23A (rec'd 2020/12/18) Amended Notice of Application (rec' 10/15/20), Completed on: 2020-12-18, (Printed version filed on 2020-09-22) |
Samir Arif |
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 |
|---|---|---|
| Arif, Samir | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Arif, Samir
Counsel
Julia Blais-Quintal
1155 René-Lévesque Ouest
Suite 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180 Ext: 229
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
Party: Her Majesty the Queen
Counsel
Palais de justice de Longueuil
1111, boul. Jacques-Cartier Est, RC-07
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61271
FAX: (450) 928-7486
Email: frederique.lecolletter@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Sentencing — Powers of Court of Appeal — Whether Quebec Court of Appeal erred in law in unduly limiting its power to intervene in appeal against sentence — Whether Quebec Court of Appeal erred in law in failing to in any way address application of principle of parity in sentencing.
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.
Ten charges were laid against the applicant, Mr. Arif, including forcible confinement and aggravated assault against Mike Tremblay.
Mr. Arif was found guilty on all 10 counts. At sentencing, the Court of Québec found that there were a number of aggravating circumstances and no mitigating circumstances. Mr. Arif was therefore sentenced to a total of 11 years’ imprisonment. The Court of Appeal unanimously dismissed an appeal from both the verdicts and the sentence. Although it found that the trial judge had made errors, they had not in its opinion had a meaningful impact on the sentence. It concluded that it had not been shown that the sentences, considered as a whole, were demonstrably unfit or that they had resulted from errors in principle of sufficient importance to require its intervention.
Lower court rulings
Court of Quebec
750-01-052086-178
Applicant found guilty on 10 charges
Court of Appeal of Quebec (Montréal)
2020 QCCA 848, 500-10-006614-182, 500-10-006770-182
Appeal from verdicts dismissed; appeal against sentences allowed in part
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