Case information
Consult our database for details on a Supreme Court of Canada case.
41694
Sukhchain Brar 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) |
|---|---|---|
| 2025-06-06 | Close file on Leave | |
| 2025-06-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-06-05 | Judgment on leave sent to the parties | |
| 2025-06-05 |
Decision on motion to extend time to file and /or serve the leave application, 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 from the judgment of the Court of Appeal for Ontario, Number C68754, 2024 ONCA 254, dated April 11, 2024, is dismissed. Dismissed |
|
| 2025-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-04-22 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-04-22 | Submission of motion to appoint counsel, for consideration by the Court | |
| 2025-04-04 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-04-09) | His Majesty the King |
| 2025-04-04 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-04-04, (Printed version filed on 2025-04-09) | His Majesty the King |
| 2025-03-07 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-03-06 | Certificate (on limitations to public access), 23A | Sukhchain Brar |
| 2025-03-06 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2025-03-07 | Sukhchain Brar |
| 2025-03-06 | Motion to appoint counsel, (Book Form), Completed on: 2025-03-07 | Sukhchain Brar |
| 2025-03-06 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (rec 03-07-2025), Completed on: 2025-03-10, (Printed version filed on 2025-03-13) |
Sukhchain Brar |
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 |
|---|---|---|
| Brar, Sukhchain | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Brar, Sukhchain
Agent
116 Simcoe Street, Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (647) 748-7487
FAX: (416) 596-2597
Email: martell@martelldefence.com
Party: His Majesty the King
Counsel
720 Bay Street - 10th Floor
Toronto, Ontario
M5X 1K6
Telephone: (416) 919-8814
FAX: (416) 326-4656
Email: karen.papadopoulos@ontario.ca
Summary
Keywords
Charter of Rights — Right to liberty — Criminal law — Defences — Provocation — Whether Court of Appeal erred in upholding constitutionality of s. 232(2) of Criminal Code, defining provocation for the purpose of reducing murder to manslaughter, as amended by s. 7 of the Zero Tolerance for Barbaric Cultural Practices Act — Whether Court of Appeal misstated legislative history concerning Zero Tolerance for Barbaric Cultural Practices Act — Whether Court of Appeal erred in its understanding of statutory interpretation — Whether Court of Appeal’s reliance on R. v. Tran, 2010 SCC 58, is misplaced — Criminal Code, R.S.C. 1985, c. C 46, s. 232(2) — Zero Tolerance for Barbaric Cultural Practices Act, S.C. 2015, c. 29, s. 7.
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.
Mr. Brar was charged with the first degree murder. At trial before a jury, he raised the provocation defence set out in s. 232(2) of the Criminal Code. He was convicted of first degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
Conviction by jury for first degree murder
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