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41569

S.A. v. His Majesty the King

(Ontario) (Criminal) (By Leave)

(Publication ban in case)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-05-27 Transcript received, 33 pages
2025-05-16 Close file on Leave
2025-05-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-05-16 Judgment on leave sent to the parties
2025-05-16 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 COA-24-CR-0031, 2024 ONCA 737, dated September 12, 2024, heard this day, is dismissed.
Dismissed
2025-05-16 Hearing of the application for leave to appeal, 2025-05-16, CJ Ka Côt Row Mar Kas Ja Ob Mor
Decision rendered
2025-05-16 General proceeding, (Letter Form), Sensitivity Questionnaire His Majesty the King
2025-05-16 General proceeding, (Letter Form), Sensitivity Questionnaire S.A.
2025-05-16 Notice of appearance, (Letter Form), Chris Sewrattan and Deryk Gravesande will appear before the court. Chris Sewrattan will present the oral arguments.(AMENDED), (Printed version due on 2025-05-26) S.A.
2025-05-15 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties
2025-05-13 Respondent's condensed book, (Book Form), Missing
Proof of Service , (Printed version filed on 2025-05-14)
His Majesty the King
2025-05-08 Correspondence (sent by the Court) to, Letter of appearance in person
2025-05-08 Correspondence (sent by the Court) to, Letter of appearance by zoom
2025-05-07 Notice of appearance, (Letter Form), Joanne Stuart will appear before the court and Akshay Aurora will appear remotely. Joanne Stuart will present the oral arguments., (Printed version due on 2025-05-14) His Majesty the King
2025-05-06 Notice of appearance, (Letter Form), Chris Sewrattan will appear before the court. Chris Sewrattan will present the oral arguments., (Printed version due on 2025-05-13) S.A.
2025-04-30 Appeal hearing scheduled, 2025-05-16
Judgment rendered
2025-04-29 Correspondence (sent by the Court) to, Letter of direction
2025-04-29 Letter advising parties that an oral hearing has been ordered
2025-04-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-04-17 Judgment on leave sent to the parties
2025-04-17 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 expedite the application for leave to appeal is granted. An oral hearing of the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-24-CR-0031, 2024 ONCA 737, dated September 12, 2024, is ordered in accordance with s. 43(1.2) of the Supreme Court Act, R.S.C. c. S-26. The hearing date will be fixed by the Registrar.
Oral hearing ordered
2025-04-17 Decision on motion to expedite the application for leave to appeal, See decision on application
2025-04-17 Decision on motion to extend time to file and /or serve the leave application, See decision on application
2025-01-20 All materials on application for leave submitted to the Judges, 2025-05-16, for consideration by the Court
Decision rendered
2025-01-20 Submission of motion to expedite the application for leave to appeal, for consideration by the Court
2025-01-20 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2025-01-14 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-01-14) S.A.
2025-01-14 Applicant's reply to respondent's argument, (Book Form), Completed on: 2025-01-14, (Printed version filed on 2025-01-14) S.A.
2025-01-10 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-01-15) His Majesty the King
2025-01-10 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-15) His Majesty the King
2025-01-10 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-01-10, (Printed version filed on 2025-01-15) His Majesty the King
2024-11-29 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED
2024-11-28 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2024-11-29) S.A.
2024-11-28 Certificate (on limitations to public access), (Letter Form), PUB-BAN
Form 23A, (Printed version filed on 2024-11-29)
S.A.
2024-11-28 Motion to expedite the application for leave to appeal, (Book Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Completed on: 2024-11-29 S.A.
2024-11-28 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-11-29, (Printed version filed on 2024-11-29) S.A.
2024-11-28 Application for leave to appeal, (Book Form), PUBLICATION-BAN, Completed on: 2024-11-28, (Printed version filed on 2024-11-29) S.A.

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

Main parties - Appellants
Name Role Status
S.A. Applicant Active

v.

Main parties - Respondents
Name Role Status
His Majesty the King Respondent Active

Counsel

Party: S.A.

Counsel
Chris Sewrattan
Deryk Gravesande
Cecilia Fearon-Forbes
Sewrattan Criminal Lawyers
180 Bloor St. W., Unit 1201
Toronto, Ontario
M5S 2V6
Telephone: (416) 583-1510
FAX: (416) 361-8199
Email: chris@sewrattan.com
Agent
Marie-France Major
Supreme Advocacy LLP
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
Joanne K. Stuart
Akshay Aurora
Attorney General of Ontario
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 471-3630
FAX: (416) 326-4656
Email: joanne.stuart@ontario.ca

Summary

Keywords

Charter of Rights and Freedoms — Right to tried in reasonable time — How should delay caused by judicial vacancy be treated under s. 11(b) 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.

(PUBLICATION BAN IN CASE)

On December 6, 2021, S.A. was charged with assault and sexual assault. He elected to be tried by judge and jury. A trial date of April 17, 2023 was set but, on April 17, 2023, the trial could not commence because no judge was available. A trial date was set for February 12, 2024. Forestell J. held that delay of 6 to 10 months was unreasonable and breached s. 11(b) of the Charter. Notwithstanding that net delay was below the presumptive ceiling of 30 months set in R. v. Jordan, 2016 SCC 27, she stayed the proceedings. The Court of Appeal allowed an appeal and set aside the stay of proceedings.

Lower court rulings

December 11, 2023
Ontario Superior Court of Justice

CR-22-30000223-0000

Stay of proceedings for unreasonable delay granted

September 12, 2024
Court of Appeal for Ontario

2024 ONCA 737

Appeal allowed

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

Not available

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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Date modified: 2025-05-30