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.
41172
Dishon Harvey 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) |
|---|---|---|
| 2024-07-25 | Close file on Leave | |
| 2024-07-25 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-25 | Judgment on leave sent to the parties | |
| 2024-07-25 |
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 C70520, 2024 ONCA 47, dated January 23, 2024, is dismissed. Dismissed |
|
| 2024-06-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-22 | Lower court order - e-filing, CA Order | Dishon Harvey |
| 2024-04-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-04-17) | His Majesty the King |
| 2024-04-12 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 04-16-2024), Completed on: 2024-04-16, (Printed version filed on 2024-04-17) |
His Majesty the King |
| 2024-03-21 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-03-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-03-20) | Dishon Harvey |
| 2024-03-19 |
Application for leave to appeal, (Book Form), Missing: - Filling fee - Amended Notice (Citing correct legal provision) (Rec'd 06-14-2024), Completed on: 2024-06-18, (Printed version filed on 2024-03-20) |
Dishon Harvey |
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 |
|---|---|---|
| Harvey, Dishon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Harvey, Dishon
Counsel
100-102 Atlantic Avenue
Toronto, Ontario
M6P 1X9
Telephone: (416) 613-0416
FAX: (416) 613-8746
Email: jcouse@lzzdefence.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: andrew.cappell@ontario.ca
Summary
Keywords
Charter of Rights and Freedoms — Arbitrary detention — Criminal law — Appeals — Arrest —Where an arrest is based on an erroneous legal presumption, is the arrest unlawful — On what basis can an appellate court dismiss an error in the trial judge’s reasoning as immaterial?
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.
Niagara Regional Police Service investigating a confidential drug trafficking tip and responding to a 911-call regarding a woman who overdosed on fentanyl observed Mr. Harvey and an accomplice engaging in activity that they considered suspicious and connected to drug trafficking. The officers decided to arrest Mr. Harvey and his accomplice for possession of narcotics. After Mr. Harvey complied with a direction to step out of his vehicle, he lunged for a satchel inside the car. He was pinned to the ground and arrested for possession of narcotics. The officers searched the satchel and discovered two shot gun shells. They searched the trunk of the vehicle and found a sawed-off shotgun. Mr. Harvey was charged with firearms offences. Mr. Harvey brought a motion to exclude the evidence for breaches of ss. 8 and 9 of the Charter. The motion was dismissed and he was convicted of firearms offences. His appeal from the convictions was dismissed.
Lower court rulings
Ontario Court of Justice
Application to exclude evidence dismissed; Convictions for firearms offences entered
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