Case information
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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.
| 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
| Name | Role | Status |
|---|---|---|
| S.A. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: S.A.
Counsel
Deryk Gravesande
Cecilia Fearon-Forbes
180 Bloor St. W., Unit 1201
Toronto, Ontario
M5S 2V6
Telephone: (416) 583-1510
FAX: (416) 361-8199
Email: chris@sewrattan.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
Akshay Aurora
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
Ontario Superior Court of Justice
CR-22-30000223-0000
Stay of proceedings for unreasonable delay granted
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.
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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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