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.
41911
Mohamud Dhiblawe v. His Majesty the King
(Alberta) (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) |
|---|---|---|
| 2025-11-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-11-24 | Submission of motion to extend time, for consideration by the Court | |
| 2025-09-12 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2025-09-12) | His Majesty the King |
| 2025-09-12 | Motion to extend time, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2025-09-15, (Printed version filed on 2025-09-12) | His Majesty the King |
| 2025-09-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-09-15, (Printed version filed on 2025-09-12) | His Majesty the King |
| 2025-07-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, File open | |
| 2025-07-29 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-07-30) | Mohamud Dhiblawe |
| 2025-07-29 |
Application for leave to appeal, (Book Form), Missing: -TC signed judgement (N/A), Completed on: 2025-07-31, (Printed version filed on 2025-07-30) |
Mohamud Dhiblawe |
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 |
|---|---|---|
| Dhiblawe, Mohamud | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Dhiblawe, Mohamud
Counsel
Akram Attia
200, 10525 Japer Avenue
Edmonton, Alberta
T5J 1Z4
Telephone: (780) 451-8700
FAX: (780) 424-4252
Email: Daryl@darylroyer.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
516, John E. Brownlee Building
10365 97 Street NW
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: matthew.griener@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law — Evidence — Whether the trial judge failed to properly consider the burden of proof — Whether the trial judge erred in his assessment of circumstantial evidence, resulting in an unreasonable verdict — Whether the trial judge erred in failing to adequately address the ultimate reliability of hearsay evidence deemed to meet the test for threshold reliability — Having admitted the preliminary inquiry evidence of a witness, whether the trial judge erred in law in declining to admit, for substantive use, the police statement made by the witness.
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.
After a trial by judge alone, Mr. Dhiblawe was convicted of second degree murder and possession of a firearm while prohibited by order. Mr. Dhiblawe appealed his second degree murder conviction on two grounds. First, he argued that the trial judge erred by admitting the preliminary inquiry evidence of a witness under the principled exception to the rule against hearsay, but not admitting an earlier videotaped statement made by that same witness to the police. Second, he argued that the trial judge erred in his application of R. v. Villaroman, 2016 SCC 33, improperly dismissing the reasonable alternative that the shooting was an accident. Mr. Dhiblawe said that properly applying the burden of proof and considering the evidence and absence of evidence in the trial, no trier of fact, acting judicially, could have convicted him of murder. His appeal was dismissed.
Lower court rulings
Court of King’s Bench of Alberta
200175396Ql
Applicant convicted of second degree murder
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
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