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.
40835
Rene Hamouth 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) |
|---|---|---|
| 2024-01-11 | Close file on Leave | |
| 2024-01-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-01-11 | Judgment on leave sent to the parties | |
| 2024-01-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C70338, 2023 ONCA 518, dated August 2, 2023, is dismissed. Dismissed |
|
| 2023-11-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-08 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-11-08) | Rene Hamouth |
| 2023-11-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2023-11-10, (Printed version filed on 2023-11-08) | Rene Hamouth |
| 2023-11-03 |
Certificate (on limitations to public access), (Letter Form), 23B Missing - Proof of service , (Printed version due on 2023-11-10) |
His Majesty the King |
| 2023-11-03 |
Certificate (on limitations to public access), (Letter Form), 23A Missing - Proof of service, (Printed version due on 2023-11-10) |
His Majesty the King |
| 2023-11-01 |
Respondent's response on the application for leave to appeal, (Book Form), MIssing: - 23A (Rec'd 2023-11-03), Completed on: 2023-11-14, (Printed version filed on 2023-11-03) |
His Majesty the King |
| 2023-10-03 | Letter advising parties of a complete application for leave to appeal | |
| 2023-09-28 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-09-28) | Rene Hamouth |
| 2023-09-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-28) | Rene Hamouth |
| 2023-09-28 | Application for leave to appeal, (Book Form), Completed on: 2023-10-03, (Printed version filed on 2023-09-28) | Rene Hamouth |
| 2023-08-15 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2023-08-15 | Correspondence received, Letter from the applicant to the registry - Agent to be added to file | |
| 2023-08-09 | Certificate (on limitations to public access), 23A, (Printed version due on 2023-08-16) | Rene Hamouth |
| 2023-08-09 |
Notice of application for leave to appeal, MISSING: - Signed Trial Court Judgement and Order (Rec'd 2023-09-08) - Filing fee (Payed 2023-08-15) , Completed on: 2023-09-29, (Printed version due on 2023-08-16) |
Rene Hamouth |
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 |
|---|---|---|
| Hamouth, Rene | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Hamouth, Rene
Counsel
Ellen C. Williams
20 Adelaide Street East
Suite 210
Toronto, Ontario
M5C 2T6
Telephone: (416) 368-1726
FAX: (416) 368-6811
Email: info@alandgoldlaw.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty the King
Counsel
10-720 Bay St
Toronto, Ontario
M7A 2S9
Telephone: (437) 677-7274
Email: jim.clark2@ontario.ca
Summary
Keywords
Charter of Rights — Search warrant not set aside — Applicant’s s. 8 Charter application dismissed — Right to counsel — Remedy — Extent of s. 10(b) Charter breaches, and whether the evidence should be excluded — Admitting the firearms would not bring the administration of justice into disrepute pursuant to s. 24(2) of the Charter — Whether the lower courts erred in law — Whether the lower courts erred in their analysis of the causal connection between a Charter violation, the evidence and s. 24(2) of the Charter — Whether the lower courts erred in determining the possession of firearms issues — Whether Court of Appeal erred in the ss. 8 and 10 Charter analysis — Whether Court of Appeal erred in the s. 24(2) Charter analysis — Canadian Charter of Rights and Freedoms, ss. 8, 10(b), 24(2).
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.
The applicant was charged with multiple firearm related offences, all of which arose from the execution of a search warrant at a residential address. The applicant applied in a Garofoli hearing to set aside the search warrant and to have the 4 firearms seized from his residence excluded from the evidence. Feldman J. dismissed the applicant’s s. 8 Charter application. At trial, the Crown conceded that the applicant’s s. 10(b) Charter rights were infringed after the police located the firearms. After conducting a s. 24(2) Charter analysis, the trial judge found that in all the circumstances, admitting the firearms would not bring the administration of justice into disrepute. The Court of Appeal varied the conviction on one of the counts and dismissed the appeal.
Lower court rulings
Ontario Court of Justice
ONCJ 363
Applicant’s s. 8 Charter application dismissed
Ontario Court of Justice
ONCJ 444
Convictions entered: unauthorized possession of a firearm (x4); possession of a firearm knowing the possession is unauthorized (x4); and possession of a prohibited firearm with ammunition (x4)
Court of Appeal for Ontario
2023 ONCA 518, C70338
Conviction on count 12 is set aside and an acquittal is entered on that count; conditional stay on count 11 is set aside and a conviction is entered on that count; Appeal 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
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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
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