Case information
Consult our database for details on a Supreme Court of Canada case.
39914
Mohamed Hersi 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) |
|---|---|---|
| 2024-01-26 | Close file on Leave | |
| 2022-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-10 | Judgment on leave sent to the parties | |
| 2022-03-10 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal is dismissed. In any event, had the motion for an extension of time been granted, the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C59184, 2019 ONCA 94, dated February 11, 2019, would have been dismissed. Dismissed |
|
| 2022-02-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-07 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2022-01-31 | Reply to the motion to extend time to file and/ or serve the leave application, Completed on: 2022-02-04 | Mohamed Hersi |
| 2022-01-31 | Certificate (on limitations to public access), 23B | Mohamed Hersi |
| 2022-01-31 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-02-04, (Printed version filed on 2022-02-03) | Mohamed Hersi |
| 2022-01-20 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2022-02-04 | Her Majesty the Queen |
| 2022-01-20 | Certificate (on limitations to public access), (Letter Form), 23A-B, (Printed version filed on 2022-03-04) | Her Majesty the Queen |
| 2022-01-20 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-02-04, (Printed version filed on 2022-03-04) | Her Majesty the Queen |
| 2021-12-13 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-13 | |
| 2021-11-30 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2021-12-13 | Mohamed Hersi |
| 2021-11-30 | Certificate (on limitations to public access), (Letter Form), 23A-B, (Printed version due on 2021-12-07) | Mohamed Hersi |
| 2021-11-30 |
Application for leave to appeal, (Book Form), (9 volumes), Required: -Trial Judgment and Order -Amended Notice of application citing the section of the law referred to the conviction appealed (rec'd 2022-02-04), Completed on: 2022-02-08, (Printed version filed on 2021-12-01) |
Mohamed Hersi |
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 |
|---|---|---|
| Hersi, Mohamed | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Hersi, Mohamed
Counsel
515 Consumers Road
Suite 202
Toronto, Ontario
M2J 4Z2
Telephone: (416) 773-0309
FAX: (416) 773-0909
Email: paul.slansky@rogers.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 788-3559
Email: guy.regimbald@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
James Clark
130 King Street West, Suite 2400
P.O. Box 340
Toronto, Ontario
M5X 2A2
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
Charter of Rights — Criminal law — Evidence — Attempting or counselling participation in or contribution to activities of terrorist group — Entrapment — Whether attempt and counselling offences under s. 83.18 of the Criminal Code are unconstitutional for arbitrariness, overbreadth, gross disproportionality, being ultra vires Parliament’s authority or for breach of ss. 2(a), 2(b) or 7 of the Charter — Whether loss of evidence breached right to make full answer and defence and appropriate remedy was a stay of proceedings — Whether police engaged in random virtue testing entrapment?
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. Hersi was arrested before boarding a flight with a connecting flight to Egypt. An undercover officer testified that Mr. Hersi said that he wanted to travel to Somalia through Egypt in order to join a terrorist group and do whatever he was asked to further the terrorist group’s jihadist goals and that Mr. Hersi encouraged him to do the same. Mr. Hersi was convicted by a jury of attempting to knowingly participate in or contribute to the activities of a terrorist group and counselling another person to knowingly participate in or contribute to the activities of a terrorist group. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
2014 ONSC 4414
Convictions by jury for attempting to knowingly participate in or contribute to the activities of a terrorist group and counselling another person to knowingly participate in or contribute to the activities of a terrorist group
Court of Appeal for Ontario
2019 ONCA 94, C59184
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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