Case information
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33649
Aliu Imoro v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-11-23 | Transcript received, (32 pages) | |
| 2010-11-19 | Appeal closed | |
| 2010-11-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2010-11-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2010-11-08 |
Judgment on the appeal rendered, LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Number C49159, 2010 ONCA 122, dated February 12, 2010, was heard on November 8, 2010, and the following judgment was rendered orally: LEBEL J. – Like the Court of Appeal for Ontario, we are all of the view that there was no entrapment. On the facts of this case, the brief conversation between the police officer and the appellant near his apartment could not ground a finding of entrapment. The appellant himself allowed the police officer to witness a criminal drug transaction. The appellant was not induced to commit a crime, but was actually engaged in his criminal activities. By reason of our conclusion on entrapment, we need not express any opinion on the procedural issues raised by the parties in the courts below. The appeal is dismissed. Dismissed |
|
| 2010-11-08 | Intervener's condensed book, Submitted in Court (14 copies) | Attorney General of Ontario |
| 2010-11-08 | Respondent's condensed book, Submitted in court (14 copies) | Her Majesty the Queen |
| 2010-11-08 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2010-11-08 |
Hearing of the appeal, 2010-11-08, LeB De F Abe Cha Ro Cro Judgment rendered |
|
| 2010-11-05 | Notice of appearance, Robert Hubbard and Leanne Salel will be present at the hearing. | Attorney General of Ontario |
| 2010-11-01 |
Order by, Cha, FURTHER TO THE ORDER dated September 3, 2010, granting leave to intervene to the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal. Granted |
|
| 2010-10-27 | Notice of appearance, Nicholas Devlin and Lisa Csele will be present at the hearing. | Her Majesty the Queen |
| 2010-10-27 | Notice of appearance, Benjamin Moss will be present at the hearing. | Aliu Imoro |
| 2010-10-21 | Intervener's book of authorities, Completed on: 2010-10-21 | Attorney General of Ontario |
| 2010-10-21 | Intervener's factum, Completed on: 2010-10-21 | Attorney General of Ontario |
| 2010-10-20 | Correspondence received from, Lisa Csele re: correction at page 4, paragraphe 14 of the Respondent's factum (sent to the Court Oct. 22/10) | Her Majesty the Queen |
| 2010-10-04 | Respondent's book of authorities, CD and Form rec'd Oct. 4/10, Completed on: 2010-10-20 | Her Majesty the Queen |
| 2010-10-04 | Respondent's factum, CD and Form rec'd Oct. 4/10, Completed on: 2010-10-20 | Her Majesty the Queen |
| 2010-09-20 | Appeal perfected for hearing | |
| 2010-09-03 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2010-09-03 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Attorney General of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 22, 2010. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2010-09-03 | Submission of motion for leave to intervene, Cha | |
| 2010-08-30 | Response to the motion for leave to intervene, email from Gowlings dated Aug. 30/10, Completed on: 2010-08-30 | Aliu Imoro |
| 2010-08-19 | Order on motion to extend time | |
| 2010-08-19 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to Oct. 4/10, DeRg Granted |
|
| 2010-08-19 | Submission of motion to extend time, DeRg | |
| 2010-08-19 | Order on motion to extend time | |
| 2010-08-19 |
Decision on motion to extend time, to serve and file the appellant's factum and book of authorities to Aug. 11/10, DeRg Granted |
|
| 2010-08-18 | Response to motion to extend time, email from Gowlings dated Aug. 18/10, Completed on: 2010-08-18 | Aliu Imoro |
| 2010-08-17 | Submission of motion to extend time, DeRg | |
| 2010-08-17 | Response to the motion for leave to intervene, email from François Lacasse dated Aug. 17/10, Completed on: 2010-08-17 | Her Majesty the Queen |
| 2010-08-17 | Motion to extend time, to serve and file the respondent's factum and authorities to Oct. 4/10, Completed on: 2010-08-17 | Her Majesty the Queen |
| 2010-08-16 | Motion for leave to intervene, Completed on: 2010-08-16 | Attorney General of Ontario |
| 2010-08-16 | Response to motion to extend time, email from François Lacasse dated Aug. 16/10, Completed on: 2010-08-16 | Her Majesty the Queen |
| 2010-08-11 | Appellant's record, (3 vols), Completed on: 2010-08-11 | Aliu Imoro |
| 2010-08-11 | Motion to extend time, to serve and file the appellant's factum and authorities to July 26/10 and his record to Aug. 11/10, Completed on: 2010-08-11 | Aliu Imoro |
| 2010-07-26 | Appellant's book of authorities, Completed on: 2010-08-11 | Aliu Imoro |
| 2010-07-26 | Appellant's factum, Ext. of time requested, Completed on: 2010-08-11 | Aliu Imoro |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-11-08, (start time 9:30 am) Judgment rendered |
|
| 2010-06-04 | Correspondence received from, J. Kelloway dated June 4/10 re: change of respondent's counsel from M. Pistyner to Nicholas Devlin (by fax) | Her Majesty the Queen |
| 2010-05-04 | Correspondence (sent by the Court) to, all parties by fax and by mail re: revised timetable. | |
| 2010-05-04 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2010-05-04 |
Decision on motion to extend time to serve and/or file notice of appeal, De, UPON APPLICATION by counsel on behalf of the Appellant for an order extending the time within which to serve and file the notice of appeal to April 12, 2010, nunc pro tunc, and upon reading the affidavit of Marcy Brasz; IT IS ORDERED that the time within which the Appellant may serve and file the notice of appeal is extended to April 12, 2010, nunc pro tunc. Granted |
|
| 2010-05-04 | Submission of motion to extend time to serve and/or file notice of appeal submitted, De | |
| 2010-05-03 | Reply to motion to extend time to serve and/or file notice of appeal, Completed on: 2010-05-03 | Aliu Imoro |
| 2010-04-26 | Response to motion to extend time to serve and/or file notice of appeal, Completed on: 2010-04-26 | Her Majesty the Queen |
| 2010-04-26 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-04-14 | Motion to extend the time to serve and/or file the notice of appeal, Completed on: 2010-04-16 | Aliu Imoro |
| 2010-04-12 | Notice of appeal, Completed on: 2010-04-12 | Aliu Imoro |
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 |
|---|---|---|
| Imoro, Aliu | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Imoro, Aliu
Counsel
Toronto, Ontario
M5A 2Y8
Telephone: (416) 423-6548
FAX: (416) 423-7116
Email: benjaminmoss@rogers.com
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Her Majesty the Queen
Counsel
Lisa Csele
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6213
FAX: (416) 952-2116
Email: nick.devlin@ppsc-sppc.gc.ca
Agent
284, rue Wellington
2ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Attorney General of Ontario
Counsel
Leanne Salel
10th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: robert.hubbard@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
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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.
Charter - Criminal law - Right to life, liberty and security of person - Abuse of process - Search and seizure - Entrapment - Remedies - Stay of proceedings - Exclusion of evidence - Whether the under cover police officer entrapped the Appellant - Whether the issue of entrapment can be determined by a trial judge as a Charter application prior to a finding of guilt - Whether the exclusion of evidence pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms is available as a remedy for entrapment.
The police received an anonymous tip that the Appellant was selling drugs from an apartment in Toronto, and they decided to investigate. An undercover police officer went to the apartment on two separate occasions to buy drugs, and on both occasions, the Appellant sold the officer cocaine. The police subsequently obtained a search warrant for the Appellant’s apartment, and upon execution, they seized cocaine, marijuana and the police “buy money” that was used to purchase the drugs. The Appellant was arrested and charged with two counts each of trafficking cocaine, possession of controlled substances for the purposes of trafficking, and possession of the proceeds of crime. In a pre-trial Charter application, the Appellant alleged entrapment and moved to have the evidence excluded pursuant to s. 24(2) of the Charter. The trial judge found that the undercover officer’s conduct amounted to entrapment, excluded the seized drugs and “buy money”, and acquitted the Appellant. The Court of Appeal set aside the acquittals, concluding that there was no evidence to support a finding of entrapment, and entered verdicts of guilty.
Lower court rulings
Ontario Superior Court of Justice
See file
Court of Appeal for Ontario
C49159, 2010 ONCA 122
See file
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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