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.
41022
Temorshah Hafizi 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) |
|---|---|---|
| 2024-04-03 | Close file on Leave | |
| 2024-03-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-28 | Judgment on leave sent to the parties | |
| 2024-03-28 |
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 C67423, 2023 ONCA 639, dated September 28, 2023, is dismissed. Dismissed |
|
| 2024-02-05 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-21) | His Majesty the King |
| 2023-12-15 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-01-02, (Printed version filed on 2023-12-21) | His Majesty the King |
| 2023-11-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-11-30 | |
| 2023-11-27 | Certificate (on limitations to public access), 23A | Temorshah Hafizi |
| 2023-11-27 |
Application for leave to appeal, (Book Form), REQUIRED: - Filing fee, Completed on: 2024-03-05, (Printed version due on 2023-12-04) |
Temorshah Hafizi |
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 |
|---|---|---|
| Hafizi, Temorshah | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Hafizi, Temorshah
Counsel
Bryan Badali
18 York St., Suite 2900
Toronto, Ontario
M5J 2T8
Telephone: (416) 360-2776
Email: mlacy@lacynasterllp.ca
Party: His Majesty the King
Counsel
Lisa Mathews
160 Elgin Street, Suite 1400
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-6656
Email: Allyson.Ratsoy@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 — Search and seizure — Interception of communications — Whether Court of Appeal erred in determining that s. 186(1)(a) of the Criminal Code is to be interpreted as requiring reasonable grounds to believe that the interception would afford evidence of the offence only in respect of the authorization as a whole, and whether, if this statutory interpretation is correct, the Court of Appeal erred in concluding that s. 186 is constitutionally compliant with s. 8 of the Charter?
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.
Pursuant to a wiretap authorisation in which Mr. Hafizi was a named person but not the primary target, the police intercepted Mr. Hafizi uttering a death threat and uttering statements indicating that he was trafficking in drugs. Mr. Hafizi was arrested, his vehicle was searched incident to arrest, and Mr. Hafizi was charged with possession of heroin for the purpose of trafficking and uttering a death threat. Mr. Hafizi applied to exclude the evidence. The trial judge dismissed the application and convicted Mr. Hafizi. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
12-G1063
Conviction for possession of heroin for the purpose of trafficking and uttering a death threat
Court of Appeal for Ontario
2023 ONCA 639, C67423
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