Case information
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40721
Serena Khavita Narinesingh v. His Majesty the King
(Quebec) (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) |
|---|---|---|
| 2023-09-21 | Close file on Leave | |
| 2023-09-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-09-21 | Judgment on leave sent to the parties | |
| 2023-09-21 |
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 from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006487-175, 2021 QCCA 396, dated March 12, 2021, is dismissed. Dismissed |
|
| 2023-08-14 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-08-14 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-06-01 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-06-01) | His Majesty the King |
| 2023-06-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-06-05, (Printed version filed on 2023-06-01) | His Majesty the King |
| 2023-05-09 | Letter acknowledging receipt of an incomplete application for leave to appeal, File Opened on May 9, 2023 | |
| 2023-05-09 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-05-26) | Serena Khavita Narinesingh |
| 2023-05-09 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-05-09, (Printed version filed on 2023-05-26) | Serena Khavita Narinesingh |
| 2023-05-09 |
Application for leave to appeal, (Book Form), Required: -Signed trial judgement (Rec'd 2023-08-31) -signed CA judgement (rec'd 2023-08-17) , Completed on: 2023-08-15, (Printed version filed on 2023-05-26) |
Serena Khavita Narinesingh |
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 |
|---|---|---|
| Narinesingh, Serena Khavita | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Narinesingh, Serena Khavita
Counsel
Vincent Larochelle
1350, rue Mazurette
Bureau 314
Montréal, Quebec
H4N 1H2
Telephone: (514) 719-9564
FAX: (514) 719-9016
Email: marieclaude.lacroix@simaolacroix.com
Party: His Majesty the King
Counsel
Samuel Monfette-Tessier
200, boul. René-Lévesque Ouest 9e étage, Tour Est
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-2378
FAX: (514) 496-7372
Email: anne-marie.manoukian@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
Criminal law — Elements of offence — Mens rea — Knowledge — Recklessness — Whether recklessness as defined in criminal law can support inference of knowledge for offences of possessing and importing drugs.
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.
In July 2015, the applicant, Serena Khavita Narinesingh, was arrested at Pierre Elliot Trudeau International Airport on her return from Africa when customs officers found 7.7 kg of heroin concealed in her luggage. The Crown preferred an indictment containing one count of importing and one count of possessing, for the purpose of trafficking, a drug included in Schedule I of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, specifically heroin, as opposed to a “controlled substance”. The trial judge held that the Crown had to show beyond a reasonable doubt that the applicant had subjective knowledge of the presence of heroin. He instructed the jury that the applicant’s recklessness and wilful blindness could be relied on as a basis for such knowledge. The jury convicted the applicant of the charges. The Court of Appeal unanimously dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2018 QCCS 762, 500-73-004313-157
Applicant sentenced to imprisonment for 11 years and 1 month on first count; applicant sentenced to imprisonment for 4 years and 1 month on second count, to be served concurrently with sentence imposed on first count; order made under s. 109(1)(c) Cr. C.; order made under s. 487.051 Cr. C.
Court of Appeal of Quebec (Montréal)
2021 QCCA 396, 500-10-006487-175
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