Case information
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41769
Nitish Verma 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) |
|---|---|---|
| 2025-08-29 | Close file on Leave | |
| 2025-08-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-08-28 | Judgment on leave sent to the parties | |
| 2025-08-28 |
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-23-CR-0417, 2025 ONCA 122, dated February 21, 2025, is dismissed. Dismissed |
|
| 2025-07-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-22 | Certificate (on limitations to public access), 23a, (Printed version filed on 2025-05-28) | His Majesty the King |
| 2025-05-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-05-22, (Printed version filed on 2025-05-28) | His Majesty the King |
| 2025-05-08 | Lower court order - e-filing, COA-23-CR-0417, (Printed version filed on 2025-05-08) | Nitish Verma |
| 2025-04-24 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2025-04-22 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-04-23) | Nitish Verma |
| 2025-04-22 | Notice of name, (Printed version filed on 2025-04-23) | Nitish Verma |
| 2025-04-22 | Application for leave to appeal, (Book Form), Amended application (Rec'd 2025-06-20), Completed on: 2025-05-09, (Printed version filed on 2025-04-23) | Nitish Verma |
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 |
|---|---|---|
| Nitish Verma | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Nitish Verma
Counsel
Robert Nanni
103 Church Street, Suite 400
Toronto, Ontario
M5C 2G3
Telephone: (416) 297-7200 Ext: 102
Email: halfyard@danielbrownlaw.ca
Agent
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: His Majesty the King
Counsel
Exchange Tower 130 King Street West,
Suite 2400
Toronto, Quebec
M5X 1E1
Telephone: (647) 921-9185
Email: Kelvin.Ramchand@ppsc-sppc.gc.ca
Agent
160 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law — Charge to jury — Police failure to make audio or video recording of interrogation of accused — Whether instruction regarding reliability of unrecorded statement was functionally adequate.
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.
When the applicant returned to Canada from a short trip abroad, the Canada Border Services Agency found multiple boxes and clear plastic baggies of opium in his luggage. At trial, a police officer testified that she went to the applicant’s holding cell, asked him about the plastic baggies, and that he replied that he received them from the same person that gave him the boxes in his suitcase. The police officer did not make an audio or video recording of this interaction, but made a contemporaneous note. The applicant testified at trial and denied that this exchange occurred.
With approval from counsel, the trial judge instructed the jury that, when resolving the question of what statement, if any, the applicant made to the police officer, they may consider whether the statement was audio or video recorded. Defence counsel relied on the absence of a recording in his closing address. The jury found the applicant guilty.
The Court of Appeal noted that while the jury instruction did not specifically say that the absence of a recording was an important factor, the instruction was nevertheless functionally adequate in the circumstances, as it equipped the jury to determine the reliability of the officer’s testimony. The appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
CR-21-00000960-0000
Convicted after trial.
Appeal dismissed.
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
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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
Not available