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.
40416
Waseem Shaheen v. His Majesty the King
(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) |
|---|---|---|
| 2023-08-25 | Close file on Leave | |
| 2023-08-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-08-24 | Judgment on leave sent to the parties | |
| 2023-08-24 |
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 C65070, 2022 ONCA 734, dated October 19, 2022, is dismissed. Dismissed |
|
| 2023-08-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2023-07-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-07-10 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-05-09 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-05-09 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2023-05-11 | His Majesty the King |
| 2023-05-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-05-11, (Printed version filed on 2023-05-10) | His Majesty the King |
| 2023-04-14 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2023-04-13 | Certificate (on limitations to public access), 23A - Application / motion to extend time | Waseem Shaheen |
| 2023-04-13 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-04-20, (Printed version filed on 2023-04-20) | Waseem Shaheen |
| 2023-04-13 |
Application for leave to appeal, (Book Form), Required: - filing fee (rec'd 2023-04-14), Completed on: 2023-04-20, (Printed version filed on 2023-04-20) |
Waseem Shaheen |
| 2023-03-24 | Letter and notice pursuant to Rule 64 sent to, Applicant via email | |
| 2022-10-27 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2022-10-27 | Certificate (on limitations to public access), 23A / 232B | Waseem Shaheen |
| 2022-10-27 | Notice of application for leave to appeal, (Book Form), Completed on: 2022-10-27 | Waseem Shaheen |
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 |
|---|---|---|
| Shaheen, Waseem | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Shaheen, Waseem
Counsel
280 Metcalfe St.
Suite 201
Ottawa, Ontario
K2P 1R7
Telephone: (613) 563-1005
FAX: (613) 691-1360
Email: diane@magaslaw.net
Party: His Majesty the King
Counsel
Giuseppe Cipriano
160 Elgin Street
14th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4789
FAX: (613) 957-9043
Email: colleen.liggett@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 and Freedoms — Right to be tried within a reasonable time — Should a period of delay when the Crown is failing in its duty to disclose be counted as defense delay in a Jordan application — Does an accused have to show that a different result would have ensued in order to show that the trial was rendered unfair by late disclosure after the commencement of trial — Does a court of appeal’s failure to consider a ground of appeal frustrate the appellate review process and render the process procedurally unfair and, if so, is a remedy available?
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. Shaheen was charged with trafficking fentanyl, fraud and mischief. The trial judge dismissed a pre-trial motion to stay charges for breach of the right to be tried within a reasonable time guaranteed by s. 11(b) of the Charter of Rights and Freedoms. Mr. Shaheen was convicted for trafficking in fentanyl, fraud and public mischief. The Court of Appeal dismissed an appeal from the convictions.
Lower court rulings
Ontario Court of Justice
15-A10885
Motion to dismiss action for unreasonable delay dismissed
Ontario Court of Justice
15-A10885
Convictions for trafficking in fentanyl, fraud and public mischief
Court of Appeal for Ontario
2022 ONCA 734, C65070
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 613‑996‑7933 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