Case information
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39364
J.A. v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-05-04 | Close file on Leave | |
| 2021-04-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-04-06 | Judgment on leave sent to the parties | |
| 2021-04-01 |
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 for Ontario, Number M51556, 2020 ONCA 660, dated October 21, 2020, is dismissed. Dismissed |
|
| 2021-03-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-02-16 | Certificate (on limitations to public access), (Letter Form), 23B-Correspondence/Supplemental Document, (Printed version due on 2021-02-23) | J.A. |
| 2021-02-16 | Supplemental document, (Letter Form), (Included in the correspondence received from), Reasons for judgment for stay before panel of the Ontario Court of Appeal from Feb 5, 2021 , (Printed version due on 2021-02-23) | J.A. |
| 2021-02-16 |
Correspondence received from, (Letter Form), Correspondence: Further to the Order of Justice Martin on Jan 18, 2021, the applicant sought a stay before a panel of the ONCA which was dismissed (reasons attached to this letter). The Applicant requests that the Application for Leave to Appeal be determined as expeditiously as possible. , (Printed version filed on 2021-02-24) |
J.A. |
| 2021-02-04 |
Correspondence received from, (Letter Form), Correspondence regarding proceeding before Court of Appeal. |
J.A. |
| 2021-02-03 | Correspondence received from, (Letter Form), Parties will be in the lower court to argue the jurisdictional issue raised in their Motion to Stay. | J.A. |
| 2021-01-19 | Certificate (on limitations to public access), (Letter Form), 23B-Reply, (Printed version due on 2021-01-26) | J.A. |
| 2021-01-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-01-28, (Printed version filed on 2021-01-21) | J.A. |
| 2021-01-18 | Order on miscellaneous motion, by THE COURT. | |
| 2021-01-18 |
Decision on the miscellaneous motion, See order on motion for a stay of execution. Granted |
|
| 2021-01-18 | Submission of miscellaneous motion, to the Court. | |
| 2021-01-18 | Order issued on motion for a stay of execution, by THE COURT. | |
| 2021-01-18 |
Decision on the motion for a stay of execution, UPON APPLICATION by the applicant pursuant to section 65.1 (1) of the Supreme Court Act for a stay of execution of the judgment of the Court of Appeal for Ontario, Number M51556, 2020 ONCA 660, dated October 21, 2020, and for an order to expedite the motion for a stay of execution; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion to expedite the motion for a stay of execution is granted. The motion for a stay of execution is dismissed on the basis that the parties may have recourse, under s. 7(5) of the Courts of Justice Act, RSO 1990, c C.43, and s. 683(3) of the Criminal Code, RSC 1985, c C-46, that they have not exhausted at the Court of Appeal. Dismissed |
|
| 2021-01-18 | Submission of motion for a stay of execution, to the Court. | |
| 2021-01-12 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2021-01-19) | Her Majesty the Queen |
| 2021-01-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-01-19) | Her Majesty the Queen |
| 2021-01-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-01-28, (Printed version due on 2021-01-19) | Her Majesty the Queen |
| 2020-12-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2020-12-02 | Certificate (on limitations to public access), (Letter Form), 23B | J.A. |
| 2020-12-02 | Application for leave to appeal, (Book Form), Completed on: 2020-12-02, (Printed version filed on 2020-12-03) | J.A. |
| 2020-11-30 | Certificate (on limitations to public access), (Letter Form), 23B-Reply to Motion | J.A. |
| 2020-11-30 | Reply to motion for a stay of execution, (Included in the reply to motion to expedite the application for leave to appeal), Completed on: 2020-11-30 | J.A. |
| 2020-11-30 | Reply to motion to expedite the application for leave to appeal, (Book Form), Completed on: 2020-11-30 | J.A. |
| 2020-11-26 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2020-11-26 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2020-11-26 | Response to the motion to expedite the application for leave to appeal, (Included in the response to the motion for a stay of execution), Completed on: 2020-11-26 | Her Majesty the Queen |
| 2020-11-26 | Response to the motion for a stay of execution, (Book Form), Completed on: 2020-11-26 | Her Majesty the Queen |
| 2020-11-17 | Notice of miscellaneous motion, (Book Form), (Included in the motion for a stay of execution), Motion to expedite the motion for a stay of execution., Completed on: 2020-11-17 | J.A. |
| 2020-11-17 | Certificate (on limitations to public access), (Letter Form), 23B-Motion to Stay/Expedite | J.A. |
| 2020-11-17 | Motion to expedite the application for leave to appeal, (Included in the motion for a stay of execution), Completed on: 2020-11-17 | J.A. |
| 2020-11-17 | Motion for a stay of execution, (Book Form), Completed on: 2020-11-17 | J.A. |
| 2020-10-27 | Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 10/27/20 | |
| 2020-10-21 | Certificate (on limitations to public access), (Letter Form), 23B | J.A. |
| 2020-10-21 | Certificate (on limitations to public access), (Letter Form), 23A-Amended 23A required-rec'd 2021/01/29 | J.A. |
| 2020-10-21 | Notice of application for leave to appeal, Completed on: 2020-10-21 | J.A. |
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 |
|---|---|---|
| J.A. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: J.A.
Counsel
Thomas Slade
1920 - 155 University Avenue
Toronto, Ontario
M5H 3B7
Telephone: (416) 944-8111
FAX: (416) 944-0533
Email: law@leorashemesh.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
E. Nicole Rivers
Eric W. Taylor
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4258
FAX: (416) 326-4656
Email: david.friesen@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Criminal law — Interim release review — Grounds justifying detention — Material change in circumstances — For bail review applications, what is the proper test to be applied in determining whether there has been a material change — Is it sufficient to show a material change relevant to a material issue, or must one show that the material change could have impacted the result — Where a material change in circumstances has been established, is a reviewing bail judge entitled to conduct a de novo bail hearing — Does a global pandemic such as COVID 19 constitute a material change in every case — How should resulting delays and deteriorating detention conditions factor into the overall balancing and proportionality analysis?
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)
In 2019, the Ontario Superior Court of Justice denied J.A.’s application for judicial interim release (“bail”). The Court of Appeal also denied J.A.’s subsequent bail review. J.A. then brought a second bail application, arguing a material change in circumstances. On April 16, 2020, the Superior Court of Justice found that there was a material change of circumstances due to COVID 19 amongst other reasons and released J.A. on bail. However, on October 21, 2020, a majority of the Court of Appeal for Ontario concluded that the motion judge erred in finding a material change in circumstances and set aside the order granting bail pending trial. A dissenting judge would have granted J.A. bail.
Lower court rulings
Ontario Superior Court of Justice
CR/20-88 BR, 2020 ONSC 2312
See file
Court of Appeal for Ontario
2020 ONCA 660, M51556
See file.
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