Case information
Consult our database for details on a Supreme Court of Canada case.
39995
Bassam Al-Rawi v. Her Majesty the Queen
(Nova Scotia) (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) |
|---|---|---|
| 2022-06-02 | Close file on Leave | |
| 2022-06-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-06-02 | Judgment on leave sent to the parties | |
| 2022-06-02 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CAC 503005, 2021 NSCA 86, dated December 21, 2021, is dismissed. Dismissed |
|
| 2022-05-25 | Correspondence received from, (Letter Form), letter in response to counsel's request for permission to withdraw as solicitors of record, (Printed version due on 2022-06-01) | Her Majesty the Queen |
| 2022-05-25 | Notice of withdrawal, (Letter Form), Completed on: 2022-05-26, (Printed version due on 2022-06-01) | Bassam Al-Rawi |
| 2022-04-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-10 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-03-17) | Her Majesty the Queen |
| 2022-03-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-03-17) | Her Majesty the Queen |
| 2022-03-10 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-03-18, (Printed version filed on 2022-03-10) | Her Majesty the Queen |
| 2022-02-14 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2022-02-14 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-03-01) | Bassam Al-Rawi |
| 2022-02-14 | Application for leave to appeal, (Book Form), require: Trial Court Order (rec' 02/15/22), Completed on: 2022-03-30, (Printed version filed on 2022-03-01) | Bassam Al-Rawi |
| 2021-12-30 | Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 2021-12-30 | |
| 2021-12-23 | Correspondence received from, (Letter Form), (Printed version due on 2022-01-04) | Bassam Al-Rawi |
| 2021-12-23 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-01-06) | Bassam Al-Rawi |
| 2021-12-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-01-06) | Bassam Al-Rawi |
| 2021-12-23 |
Notice of application for leave to appeal, (Letter Form), require: -full application (rec'd 2022-02-14) -amended style of cause (rec'd 2022-02-14), Completed on: 2022-03-10, (Printed version filed on 2022-01-06) |
Bassam Al-Rawi |
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 |
|---|---|---|
| Al-Rawi, Bassam | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Al-Rawi, Bassam
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
700-1625 Grafton Street
Halifax, Nova Scotia
B3J 0E8
Telephone: (902) 424-6794
FAX: (902) 424-8440
Email: mark.scott@novascotia.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 563-9869
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Assessment — Credibility — Whether the Court of Appeal erred in law in concluding that the trial judge did not commit reversible error in assessing the complainant’s credibility — Whether the Court of Appeal erred in law in concluding that the trial judge did not commit reversible error and engage in impermissible speculation — Whether the Court of Appeal erred in concluding that the trial judge had not reversed the burden of proof in noting that there was no evidence to explain to why the complainant would have fabricated her evidence?
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)
At trial, the complainant alleged that after an evening of socializing and drinking with friends, she was picked up in the early morning hours by a cab driver. She testified she was taken to the cab driver’s apartment building. The complainant said she was afraid and feigned sleep. She said the cab driver removed her clothes and engaged in non-consensual vaginal intercourse with her. At trial, the complainant was unable to identify Mr. Al-Rawi (the applicant) as the cab driver she had encountered. Further, she had a number of memory gaps relating to other aspects of the evening and early morning hours. Mr. Al-Rawi was convicted of sexual assault. His conviction appeal was dismissed.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
CRH 485671
Conviction entered: sexual assault
Nova Scotia Court of Appeal
2021 NSCA 86, CAC 503005
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 613-996-8666 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