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.
40463
Benard Asante 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) |
|---|---|---|
| 2023-05-12 | Close file on Leave | |
| 2023-04-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-04-20 |
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 C66379, 2022 ONCA 657, dated September 22, 2022, is dismissed. Dismissed, no order as to costs |
|
| 2023-04-20 |
Decision on motion to extend time to file and /or serve the leave application, See decision on Application for Leave to Appeal Granted, no order as to costs |
|
| 2023-03-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-03-13 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-01-11 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-01-11 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2023-01-16, (Printed version due on 2023-01-18) | His Majesty the King |
| 2022-11-30 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-11-30 | |
| 2022-11-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2022-11-30 | Benard Asante |
| 2022-11-24 | Certificate (on limitations to public access), (Letter Form), 23A | Benard Asante |
| 2022-11-24 | Application for leave to appeal, (Book Form), Completed on: 2022-11-24, (Printed version filed on 2022-11-24) | Benard Asante |
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 |
|---|---|---|
| Asante, Benard | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Asante, Benard
Counsel
James Mencel
603 ½ Parliament Street
Toronto, Ontario
M4X 1P9
Telephone: (416) 391-2118
FAX: (416) 613-8726
Email: lbeechener@pcslaw.ca
Agent
2600 - 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-9425
FAX: (416) 326-4656
Email: Michael.bernstein@ontario.ca
Summary
Keywords
Criminal law — Evidence — Admissibility — Prior convictions — Photographs — Accused convicted of first degree murder and attempted murder — Whether trial judge erred in declining to excise reference to parts of accused’s criminal record — Whether trial judge erred in admitting photograph of a handgun recovered from accused’s cellphone
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.
Applicant Benard Asante was charged with first degree murder and attempted murder in connection with a shooting.
The Crown brought a pre-trial application to admit, among other things, a photograph of a handgun found on Mr. Asante’s cellphone. The trial judge ruled that the photo was admissible as evidence.
Before testifying in his defence, Mr. Asante brought a Corbett application to excise reference to portions of his criminal record. The trial judge allowed the application in part, but declined to excise reference to: one count of possession of a firearm knowing its possession was unauthorized; and one count of possession of a firearm or ammunition contrary to a prohibition order.
Mr. Asante was convicted of first degree murder and of attempted murder. The Court of Appeal dismissed Mr. Asante’s appeal from his convictions.
Lower court rulings
Ontario Superior Court of Justice
CR-16-50000081
Jury verdict; accused convicted of first degree murder and attempted murder
Court of Appeal for Ontario
2022 ONCA 657, C66379
Appeal from convictions dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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