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.
41611
Harris Nnane v. His Majesty the King
(Ontario) (Criminal) (As of Right)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-04-30 | Order on motion to directions, by THE COURT | |
| 2025-04-30 |
Decision on motion for directions, UPON APPLICATION by the appellant for an order to adduce further evidence; AND UPON APPLICATION by the respondent for directions; AND UPON APPLICATION by the appellant for an order extending the time to serve and file the response to the respondent’s motion for directions to April 11, 2025; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. Pursuant to Rule 8(1) of the Rules of the Supreme Court of Canada, the respondent is excused from non-compliance with Rule 52 of the Rules of the Supreme Court of Canada, under which its motion requesting that the Court remand the motion to adduce further evidence should have been brought. IT IS HEREBY FURTHER ORDERED THAT: In accordance with s. 46.1 of the Supreme Court Act, the motion to adduce further evidence is remanded to the Court of Appeal for Ontario for determination. The record of the appellant’s motion to adduce further evidence is sealed until further order of this Court or of a judge of the Court of Appeal for Ontario. The appeal is held in abeyance pending the decision of the Court of Appeal for Ontario on the motion to adduce further evidence. Judgment accordingly |
|
| 2025-04-30 | Decision on motion to adduce new evidence, Voir l'ordonnance sur la demande de directives | |
| 2025-04-30 | Decision on motion to extend time, See order on motion for directions | |
| 2025-04-30 | Submission of motion for directions | |
| 2025-04-30 | Submission of motion to adduce new evidence | |
| 2025-04-30 | Submission of motion to extend time | |
| 2025-04-17 | Motion to extend time, (Book Form), re: response to motion for directions, Completed on: 2025-04-22, (Printed version due on 2025-04-28) | Harris Nnane |
| 2025-04-11 | Response to motion for directions, (Letter Form), Completed on: 2025-04-22, (Printed version due on 2025-04-22) | Harris Nnane |
| 2025-03-19 | Motion for directions, (Book Form), Completed on: 2025-03-21, (Printed version filed on 2025-03-20) | His Majesty the King |
| 2025-03-10 | Correspondence received from, the appellant - re: new evidence | Harris Nnane |
| 2025-03-05 | Correspondence received from, the respondent, re: motion to adduce fresh evidence | His Majesty the King |
| 2025-02-25 | Motion to adduce new evidence, (Book Form), SEALED per Court Order (2025-04-30), Completed on: 2025-02-27, (Printed version filed on 2025-02-26) | Harris Nnane |
| 2025-02-25 | Certificate of counsel (attesting to record), 24A, (Printed version filed on 2025-02-26) | Harris Nnane |
| 2025-02-25 | Appellant's record, (Book Form), 5 Volumes , Completed on: 2025-02-25, (Printed version filed on 2025-02-26) | Harris Nnane |
| 2025-02-25 | Appellant's factum, (Book Form), Completed on: 2025-02-25, (Printed version filed on 2025-02-26) | Harris Nnane |
| 2024-12-23 | Letter acknowledging receipt of a notice of appeal | |
| 2024-12-19 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2025-01-06) | Harris Nnane |
| 2024-12-19 | Notice of appeal, (Letter Form), Completed on: 2024-12-19, (Printed version filed on 2025-01-06) | Harris Nnane |
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 |
|---|---|---|
| Nnane, Harris | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Nnane, Harris
Counsel
Spencer Bass
77 King Street West, Suite 4130
Toronto-Dominion Centre, TD North Tower
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
Agent
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: His Majesty the King
Counsel
Jeremy Streeter
Lilly Gates
Crown Law Office Criminal, 10th Flr.
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: karen.papadopoulos@ontario.ca
Summary
Keywords
Criminal Law — Evidence — Fresh evidence — Whether Court of Appeal erred in not admitting proposed fresh evidence on appeal
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 appellant, Harris Nnane, was convicted of two counts of first-degree murder after a trial by a judge sitting with a jury, in relation to a shooting in Toronto. Before the Court of Appeal, Mr. Nnane proffered fresh evidence from a witness who did not testify at trial, which would identify a now-deceased third party as the shooter.
The majority of the Court of Appeal held that the proposed fresh evidence was not reasonably capable of belief and therefore failed the test for admission as fresh evidence on appeal. Accordingly, the appeal was dismissed and the convictions were upheld. Dawe J.A., in dissent, would have admitted the fresh evidence on appeal. Given that the fresh evidence would have affected the jury’s verdict if it were believed, Dawe J.A. would have allowed the appeal and ordered a new trial.
Lower court rulings
Ontario Superior Court of Justice
Harris Nnane is found guilty of two counts of first-degree murder.
Appeal dismissed; convictions for first-degree murder affirmed. Dawe J.A., dissenting, would have allowed the appeal and ordered a new trial.
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