Case information
Consult our database for details on a Supreme Court of Canada case.
41316
Garry Browne (a.k.a. Jakim El Bey) 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) |
|---|---|---|
| 2025-06-12 | Close file on Leave | |
| 2025-04-16 | Correspondence (sent by the Court) to, Letter by the Registrar (sent by email) | |
| 2025-04-16 | Reconsideration not accepted for filing | |
| 2025-03-28 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2025-01-16 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2025-02-21 | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-19 | Judgment on leave sent to the parties | |
| 2024-12-19 |
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 motion to serve and file a lengthy memorandum of argument is dismissed. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-23-OM-0252, dated February 13, 2024, is dismissed. Dismissed |
|
| 2024-12-19 | Decision on motion to file a lengthy memorandum of argument, See decision on application | |
| 2024-12-19 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2024-11-13 | Correspondence (sent by the Court) to, Sent by regular mail to the applicant | |
| 2024-10-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-28 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2024-10-28 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-09-27 | Correspondence (sent by the Court) to | |
| 2024-09-27 | Correspondence received from | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-09-24 |
Correspondence (sent by the Court) to, *BY MAIL* Request to file a motion to extend time to file/serve a reply |
|
| 2024-09-24 |
Applicant's reply to respondent's argument, (Book Form), Missing: -Motion to extend time, Completed on: 2024-10-29 |
Garry Browne (a.k.a. Jakim El Bey) |
| 2024-09-24 | Correspondence received from, Open Letter - Writ of error | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-09-18 | Motion to file a lengthy memorandum of argument, (Book Form), Served to the other party by the registry, Completed on: 2024-09-18 | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-09-13 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2024-09-16, (Printed version due on 2024-09-20) | His Majesty the King |
| 2024-09-13 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2024-09-20) | His Majesty the King |
| 2024-09-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-09-16, (Printed version due on 2024-09-20) | His Majesty the King |
| 2024-09-11 | Correspondence received from, (Letter Form), The applicant wants to be referred to as Jakim El Bey | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-09-10 | Correspondence received from, The applicant explains the Affidavit of Fact should be accepted in support of the motion for the extension of time and lenghty memorandum | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-08-27 |
Correspondence (sent by the Court) to, SENT BY MAIL Letter confirming change of registry officer on file |
|
| 2024-08-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Missing proof of service (served by the registry on 2024-08-30), Completed on: 2024-08-30 | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-08-26 | Correspondence received from, Requesting removal of registry officer JS from the file | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-08-21 | Letter and notice pursuant to Rule 64 sent to, ALL PARTIES NOTIFIED BY REGISTERED MAIL | |
| 2024-07-22 | Supplemental document, 2 Volumes | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-07-03 |
Supplemental document, 5 Volumes Vol. 1 contains non-compliant affidavit of service and birth certificate |
Garry Browne (a.k.a. Jakim El Bey) |
| 2024-06-28 | Supplemental document, (Book Form), 3 Volumes | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-06-20 | Supplemental document, 1 Volume | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-06-14 | Supplemental document, 2 Volumes | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-06-06 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-05-27 |
Affidavit of service - e-filing, Not sworn before a commissioner of oaths No proof of service method |
Garry Browne (a.k.a. Jakim El Bey) |
| 2024-05-03 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal), Public access to information form | Garry Browne (a.k.a. Jakim El Bey) |
| 2024-05-03 |
Application for leave to appeal, (Book Form), Missing: - Motion for an extension of time (rec'd 2024-08-26) - Motion to serve and file a lengthy memorandum (rec'd 2024-09-17) - Unedited TC Orders and Judgement (rec'd 2024-09-17) - Unedited CA Orders and Judgement (rec'd 2024-09-17) - Proof of service (Completed by the Registry 08-21-2024), Completed on: 2024-09-18 |
Garry Browne (a.k.a. Jakim El Bey) |
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 |
|---|---|---|
| Garry Browne (a.k.a. Jakim El Bey) | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Garry Browne (a.k.a. Jakim El Bey)
This party is not represented by counsel.
Party: His Majesty the King
Counsel
Simon Miles
Bradly Miller
David Pociocco
Jonathan George
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (437) 833-8967
Email: nicholas.hay@ontario.ca
Summary
Keywords
Criminal law — Appeals — Jurisdiction — Motion for extension of time — Court of Appeal ruling that proposed jurisdictional appeals do not have merit and dismissing motion for extension of time as not in interests of justice — Whether application for leave to appeal raises issues of public importance
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 claimed that the Ontario Superior Court of Justice had no jurisdiction over him. The jurisdictional challenge relates to charges pending against the applicant by indictment in the Superior Court of Justice in Durham County relating to offences he is alleged to have committed.
The Ontario Superior Court of Justice ruled that the laws of Ontario and Canada apply to the applicant no matter what he calls himself or what words are used to describe him. The Ontario Court of Appeal agreed and denied the applicant’s motion for extension of time because the applicant failed to demonstrate it was in the interests of justice.
Lower court rulings
Ontario Superior Court of Justice
2023 ONSC 2198
The Ontario Superior Court of Justice has jurisdiction over the criminal matters in question
Court of Appeal for Ontario
COA-23-OM-0252
Motion for extension of time to file Notice of 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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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