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Case information

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33989

N.S. v. Her Majesty the Queen, et al.

(Ontario) (Criminal) (By Leave)

(Publication ban in case) (Publication ban on party)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2013-01-03 Appeal closed
2012-12-21 Formal judgment sent to the registrar of the court of appeal and all parties
2012-12-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-12-20 Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C50534 and C50892, 2010 ONCA 670, dated October 13, 2010, heard on December 8, 2011, is dismissed. The matter should be remitted to the preliminary inquiry judge to be decided in accordance with these reasons. Abella J. is dissenting.
Dismissed
2012-04-13 Media lock-up request refused
2012-04-13 Media lock-up consent form received from, David Butt N.S.
2012-04-04 Media lock-up consent form received from, Michael Dineen M---d.S.
2012-04-04 Media lock-up consent form received from, Elise Nakelsky Her Majesty the Queen
2012-03-26 Media lock-up letter, consent form and undertaking sample sent to all parties
2012-03-23 Media lock-up requested or proposed
2011-12-29 Transcript received, (81 pages)
2011-12-08 Judgment reserved OR rendered with reasons to follow
2011-12-08 Intervener's condensed book, Submitted in Court (14 copies) Muslim Canadian Congress
2011-12-08 Respondent's condensed book, Submitted in Court (12 copies) M---d.S.
2011-12-08 Appellant's condensed book, Submitted in Court (14 copies) N.S.
2011-12-08 General proceeding, Questionnaire following the hearing concerning the publication ban M---d.S.
2011-12-08 General proceeding, Questionnaire following the hearing concerning the publication ban Her Majesty the Queen
2011-12-08 General proceeding, Questionnaire following the hearing concerning the publication ban N.S.
2011-12-08 Acknowledgement and consent for video taping of proceedings, From all parties
2011-12-08 Hearing of the appeal, 2011-12-08, CJ LeB De F Abe Ro Cro
Judgment reserved
2011-12-06 Notice of appearance, No one appearing at the hearing. Barreau du Québec
2011-12-01 Notice of appearance, No one appearing at the hearing. South Asian Legal Clinic of Ontario
2011-11-30 Order on motion to extend time
2011-11-30 Decision on motion to extend time, LeB, to serve and file the record of the respondent M_d.S. to Nov. 29/11
Granted
2011-11-30 Submission of motion to extend time, LeB
2011-11-30 Notice of appearance, David Butt will be present at the hearing. N.S.
2011-11-30 Response to motion to extend time, email from David Butt dated Nov. 30/11, Completed on: 2011-11-30 N.S.
2011-11-30 Response to motion to extend time, (Letter Form), from Elise Nakelsky and Benita Wassenaar dated Nov. 30/11, Completed on: 2011-11-30 Her Majesty the Queen
2011-11-29 Respondent's record, (sent to the Court Dec. 1/11), Completed on: 2011-11-29 M---d.S.
2011-11-29 Correspondence received from, Michael Dineeen dated Nov. 29/11 re issue arising of the record M---d.S.
2011-11-29 Motion to extend time, to serve and file the respondent's record to Nov. 29/11, Completed on: 2011-11-29 M---d.S.
2011-11-29 Correspondence received from, Norton Rose by fax, re.: request for 4 reserved seats at the hearing Barbra Schlifer Commemorative Clinic
2011-11-29 Notice of appearance, No one appearing at the hearing. Canadian Civil Liberties Association
2011-11-29 Order on motion to extend time
2011-11-29 Decision on motion to extend time, to serve and file the book of authorities of the respondent, M__d.S., to Nov. 21/11, Reg
Granted
2011-11-29 Submission of motion to extend time, Reg
2011-11-29 Notice of appearance, Rahool Agarwal, Michael Kortly, Vasuda Sinha and Brydie Bethell will be present at the hearing. Barbra Schlifer Commemorative Clinic
2011-11-28 Notice of appearance, Tyler Hodgson, Heather Pessione and Ewa Krajewska will be present at the hearing. Muslim Canadian Congress
2011-11-25 Response to motion to extend time, Completed on: 2011-11-25 N.S.
2011-11-25 Motion to extend time, to serve and file the book of authorities of the respondent, M__d.S., to Nov. 21/11, Completed on: 2011-11-25 M---d.S.
2011-11-24 Correspondence received from, Champ & Associates by fax, re.: request for 2 reserved seats at the hearing Canadian Council on American-Islamic Relations
2011-11-24 Notice of appearance, Mihad Fahmy and Faisal Bhabha will be present at the hearing. Canadian Council on American-Islamic Relations
2011-11-24 Notice of appearance, Frank Addario and Emma Phillips will be present at the hearing. Criminal Lawyers' Association (Ontario)
2011-11-23 Notice of appearance, Elise Nakelsky and Benita Wassenaar will be present at the hearing. Her Majesty the Queen
2011-11-22 Order by, De, FURTHER TO THE ORDER dated September 30, 2011, granting leave to intervene to the Ontario Human Rights Commission, the Barbra Schlifer Commemorative Clinic, the Criminal Lawyers' Association (Ontario), the Muslim Canadian Congress, the South Asian Legal Clinic of Ontario, the Barreau du Québec, the Canadian Civil Liberties Association, the Women's Legal Education and Action Fund and the Canadian Council on American-Islamic Relations;
IT IS HEREBY FURTHER ORDERED THAT only the interveners Criminal Lawyers' Association (Ontario), the Barbra Schlifer Commemorative Clinic and the Muslim Canadian Congress are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal
Allowed in part
2011-11-21 Intervener's book of authorities, service to come (3 volumes), Incomplete Barreau du Québec
2011-11-21 Intervener's factum, Completed on: 2012-12-20 Barreau du Québec
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Canadian Council on American-Islamic Relations
2011-11-21 Intervener's factum, Completed on: 2011-11-21 Canadian Council on American-Islamic Relations
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Criminal Lawyers' Association (Ontario)
2011-11-21 Intervener's factum, Completed on: 2011-11-21 Criminal Lawyers' Association (Ontario)
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Women's Legal Education and Action Fund
2011-11-21 Intervener's factum, Completed on: 2011-11-21 Women's Legal Education and Action Fund
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 South Asian Legal Clinic of Ontario
2011-11-21 Intervener's factum, Completed on: 2011-11-21 South Asian Legal Clinic of Ontario
2011-11-21 Intervener's book of authorities, Completed on: 2011-11-21 Muslim Canadian Congress
2011-11-21 Intervener's factum, Completed on: 2011-11-21 Muslim Canadian Congress
2011-11-21 Order on miscellaneous motion, (BY DESCHAMPS J.)
2011-11-21 Decision on miscellaneous motion, De, UPON APPLICATION by the applicant for an order fixing the rate of fees payable to Mr. David Butt, appointed as counsel for the applicant pursuant to s. 694.1 of the Criminal Code;
AND THE MATERIAL FILED having been read including the consent of the Crown;
IT IS HEREBY ORDERED THAT:
The Attorney General of Ontario shall pay the reasonable fees and disbursement of Mr. David Butt at a rate of $200.00 per hour
Granted
2011-11-21 Submission of miscellaneous motion, De
2011-11-18 Respondent's book of authorities, Motion for extension requested and service of the interveners rec'd Nov. 25/11, Completed on: 2011-11-28 M---d.S.
2011-11-18 Intervener's book of authorities, Completed on: 2011-11-18 Canadian Civil Liberties Association
2011-11-18 Intervener's factum, Completed on: 2011-11-18 Canadian Civil Liberties Association
2011-11-18 Intervener's book of authorities, Completed on: 2011-11-18 Ontario Human Rights Commission
2011-11-18 Intervener's factum, Completed on: 2011-11-18 Ontario Human Rights Commission
2011-11-18 Intervener's book of authorities, Completed on: 2011-11-18 Barbra Schlifer Commemorative Clinic
2011-11-18 Intervener's factum, Completed on: 2011-11-18 Barbra Schlifer Commemorative Clinic
2011-11-14 Notice of appearance, Douglas Usher and Michael Dineen will be present at the hearing. M---d.S.
2011-11-09 Response to miscellaneous motion, Completed on: 2011-11-09 Her Majesty the Queen
2011-11-09 Notice of miscellaneous motion, for an order fixing the rate of fees payable to David Butt, appointed as counsel for the applicant pursuant to s. 694.1 of the Criminal Code in the judgment granting leave to appeal, Completed on: 2011-11-09 N.S.
2011-11-09 Order on motion to extend time
2011-11-09 Decision on motion to extend time, Reg, to serve and file the Factum, Record, Supplementary Record, Book of Authorities and CD Roms to Oct. 27/11
Granted
2011-11-09 Submission of motion to extend time, Reg
2011-11-01 Correspondence received from, Terri Semanyk dated November 1, 2011. Re: Security concerns at the hearing N.S.
2011-10-27 Response to motion to extend time, Completed on: 2011-10-27 Her Majesty the Queen
2011-10-27 Response to motion to extend time, Completed on: 2011-10-27 M---d.S.
2011-10-26 Motion to extend time, AMENDED to serve and file Factum, Record, Supplementary Record, Book of Authorities and CD Roms to Oct. 27/11 (service rec'd by fax Oct. 27/11), Completed on: 2011-10-27 N.S.
2011-10-25 Correspondence received from, T. Semanyk by fax, re.: request for 4 reserved seats at the hearing (request 4 add. seats on Nov. 22/11; Total: 8 seats) N.S.
2011-10-19 Correspondence received from, Tina Choules dated October 19, 2011. Re: Pam MacEachern of Nelligan O'Brien Payne LLP will be acting as agent Barreau du Québec
2011-10-12 Supplemental document, (SUPPLEMENTARY RECORD) (extension of time requested and service missing for 4 interveners - rec'd Oct. 26/11) (e-mail rec'd by D. Butt on Oct. 31/11 re: confirming electronic filing form), Completed on: 2011-10-31 N.S.
2011-09-30 Decision on motion to extend time, De
Granted, no order as to costs
2011-09-30 Submission of motion to extend time, De
2011-09-30 Order on motion for leave to intervene, (BY DESCHAMPS J.)
2011-09-30 Decision on the motion for leave to intervene, De, UPON APPLICATIONS by the Ontario Human Rights Commission, the Barbra Schlifer Commemorative Clinic, the Criminal Lawyers' Association (Ontario), the Muslim Canadian Congress, the South Asian Legal Clinic of Ontario, the Barreau du Québec and the Canadian Civil Liberties Association for leave to intervene in the above appeal;
AND UPON APPLICATIONS by the Women's Legal Education and Action Fund and the Canadian Council on American-Islamic Relations for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene of the Ontario Human Rights Commission, the Barbra Schlifer Commemorative Clinic, the Criminal Lawyers' Association (Ontario), the Muslim Canadian Congress, the South Asian Legal Clinic of Ontario, the Barreau du Québec and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before November 21, 2011.
The motions for an extension of time to apply for leave to intervene and for leave to intervene of the Women's Legal Education and Action Fund and the Canadian Council on American-Islamic Relations are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 21, 2011.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners 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 interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention
Granted
2011-09-29 Submission of motion for leave to intervene, De
2011-09-27 Correspondence received from, D. Butt dated Sept. 27/11 re: confirming no material to be redacted, simply a publication ban (by e-mail) N.S.
2011-09-26 Appeal perfected for hearing
2011-09-23 Respondent's factum, Completed on: 2011-09-29 M---d.S.
2011-09-23 Appellant's book of authorities, (motion to extend time requested), Completed on: 2011-10-26 N.S.
2011-09-22 Respondent's book of authorities, Completed on: 2011-09-29 Her Majesty the Queen
2011-09-22 Respondent's factum, Completed on: 2011-09-29 Her Majesty the Queen
2011-09-07 Response to the motion for leave to intervene, (Letter Form), of Barreau du Québec - rec'd by fax, Completed on: 2011-09-07 N.S.
2011-09-07 Response to the motion for leave to intervene, (Letter Form), to Barbra Schlifer Commemorative Clinic - rec'd by fax, Completed on: 2011-09-07 N.S.
2011-09-07 Response to the motion for leave to intervene, (Letter Form), to Canadian Council on American-Islamic Relations - rec'd by fax, Completed on: 2011-09-07 N.S.
2011-09-07 Response to motion to extend time, Consent included in extension of time, Completed on: 2011-09-07 M---d.S.
2011-09-07 Response to motion to extend time, Consent included in extension of time, Completed on: 2011-09-07 Her Majesty the Queen
2011-09-07 Response to motion to extend time, consent included in extension of time, Completed on: 2011-09-07 N.S.
2011-09-07 Motion to extend time, Book form - consent included, Completed on: 2011-09-07 Women's Legal Education and Action Fund
2011-09-07 Response to the motion for leave to intervene, (Letter Form), of Canadian Council on American-Islamic Relations - rec'd by e-mail, Completed on: 2011-09-07 Her Majesty the Queen
2011-09-06 Response to the motion for leave to intervene, (Letter Form), of Criminal Lawyers' Association - rec'd by fax, Completed on: 2011-09-06 N.S.
2011-09-06 Response to the motion for leave to intervene, (Letter Form), of Leaf - rec'd by fax, Completed on: 2011-09-06 N.S.
2011-09-06 Response to the motion for leave to intervene, (Letter Form), to Muslim Canadian Congress - rec'd by fax, Completed on: 2011-09-06 N.S.
2011-09-06 Response to the motion for leave to intervene, (Letter Form), to Leaf - rec'd by e-mail, Completed on: 2011-09-06 Her Majesty the Queen
2011-08-31 Motion for leave to intervene, Book Form - extension of time and request to file a lengthy factum included, Completed on: 2011-08-31 Canadian Council on American-Islamic Relations
2011-08-31 Response to the motion for leave to intervene, (Letter Form), of MCC, CCLA and LEAF, Completed on: 2011-08-31 Her Majesty the Queen
2011-08-31 Response to the motion for leave to intervene, (Letter Form), of BSCC, SALCO and BQ, Completed on: 2011-08-31 Her Majesty the Queen
2011-08-29 Motion for leave to intervene, Book Form, proof delivery and extension of time rec'd Sept. 7/11, Completed on: 2011-09-09 Women's Legal Education and Action Fund
2011-08-29 Notice of hearing sent to parties
2011-08-26 Supplemental document, Book of Authorities on Motion, proof of service rec'd Sept. 8/11, Completed on: 2011-09-09 Canadian Civil Liberties Association
2011-08-26 Motion for leave to intervene, Book Form, proof of delivery rec'd Sept. 8/11 by fax, Completed on: 2011-09-09 Canadian Civil Liberties Association
2011-08-26 Motion for leave to intervene, Format papier, service of DS missing (rec'd August 31, 2011), Completed on: 2011-08-26 Barreau du Québec
2011-08-26 Motion for leave to intervene, (Book Form) Proof of service re'd Aug. 29, 2011., Completed on: 2011-08-30 South Asian Legal Clinic of Ontario
2011-08-26 Motion for leave to intervene, (Book Form), Completed on: 2011-08-26 Muslim Canadian Congress
2011-08-26 Order on motion to appoint counsel, (BY BINNIE J.)
2011-08-26 Decision on motion to appoint counsel, Bi, UPON APPLICATION by the respondent M---d.S. for an order pursuant to s. 694.1 of the Criminal Code appointing Mr. Douglas Usher and Mr. Michael Dineen as counsel;
AND THE MATERIAL FILED having been read including the consent of the Crown;
IT IS HEREBY ORDERED THAT:
The application to appoint counsel is granted. The Attorney General of Ontario shall pay the reasonable fees and disbursement of Mr. Douglas Usher and Mr. Michael Dineen at a rate of $200.00 per hour.
IT IS HEREBY FURTHER ORDERED THAT:
The factum of the respondent M---d.S shall be filed no later than September 23, 2011
Granted
2011-08-26 Submission of motion to appoint counsel, Bi
2011-08-25 Response to the motion for leave to intervene, Consent included in leave to intervene of CLA, Completed on: 2011-08-25 Her Majesty the Queen
2011-08-25 Response to the motion for leave to intervene, Consent included in Leave to Intervene of CLA, Completed on: 2011-08-25 M---l.S.
2011-08-25 Response to the motion for leave to intervene, Consent included in leave to intervene of CLA, Completed on: 2011-08-25 M---d.S.
2011-08-25 Response to the motion for leave to intervene, Consent included in leave to intervene of CLA, Completed on: 2011-08-25 N.S.
2011-08-25 Motion for leave to intervene, (book form) consent of the appellant and respondents are included, Completed on: 2011-08-25 Criminal Lawyers' Association (Ontario)
2011-08-25 Motion for leave to intervene, (Book Form) proof of service of MDS and MLS rec'd Aug. 29/11, Completed on: 2011-09-09 Barbra Schlifer Commemorative Clinic
2011-08-23 Response to the motion for leave to intervene, (Consent), Completed on: 2011-08-23 N.S.
2011-08-22 Response to the motion for leave to intervene, (consent), Completed on: 2011-08-22 Her Majesty the Queen
2011-08-19 Motion for leave to intervene, Completed on: 2011-08-19 Ontario Human Rights Commission
2011-08-18 Response to motion to appoint counsel, (Consent included in motion), Completed on: 2011-08-18 Her Majesty the Queen
2011-08-18 Motion to appoint counsel, Legal Aid refusal requested - rec'd Aug. 25/11 (consent from HMQ included), Completed on: 2011-08-25 M---d.S.
2011-07-29 Appellant's record, (CD missing - rec'd Sept. 23/11) (lower court orders missing - rec'd book form Oct. 12/11) (extension of time requested - rec'd Oct. 26/11), Completed on: 2011-10-26 N.S.
2011-07-29 Appellant's factum, (Table of Contents and CD missing - rec'd Sept. 23/11) (Electronic Filing Form to be confirmed - rec'd confirmation by e-mail Sept. 27/11) (extension of time requested - rec'd Oct. 26/11), Completed on: 2011-10-26 N.S.
2011-07-29 Response to motion to extend time, (included in the motion), Completed on: 2011-07-29 M---d.S.
2011-07-29 Motion to extend time, to serve and file the factum and the record (Amended motion requested - See amended motion filed Oct. 26/11), Completed on: 2011-10-26 N.S.
2011-07-22 Appeal hearing scheduled, 2011-12-08, (start time 9:30am)
Judgment reserved
2011-04-20 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-04-18 Notice of appeal, Completed on: 2011-04-18 N.S.
2011-03-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-03-18 Judgment on leave sent to the parties
2011-03-17 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C50534 and C50892, 2010 ONCA 670, dated October 13, 2010, is granted. The motion to appoint David Butt as counsel to the applicant is granted. Mr. Butt’s fees and disbursements shall be paid by the Attorney General of Ontario.
Granted
2011-03-17 Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve the application for leave to appeal is granted.
Granted
2011-03-02 Correspondence (sent by the Court) to, Ewa Krajewska, re.: permission to work on application for leave
2011-02-21 All materials on application for leave submitted to the Judges, CJ Abe Cro
2011-02-21 Submission of motion to extend time to file and/ or serve the leave application, CJ Abe Cro
2011-01-31 Respondent's response on the application for leave to appeal, Completed on: 2011-01-31 Her Majesty the Queen
2011-01-24 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order
2011-01-19 Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2011-01-19 N.S.
2010-12-13 Application for leave to appeal, Application was served late. (new covers and motion for ext. of time rec'd Jan.19/11) FInal CA Order missing (rec'd Feb.1/11)
, Completed on: 2011-02-02 		N.S.

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

Main parties - Appellants
Name Role Status
N.S. Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active
M---d.S. Respondent Active
M---l.S. Respondent Active

Other parties

Other parties
Name Role Status
Ontario Human Rights Commission Intervener Active
Barbra Schlifer Commemorative Clinic Intervener Active
Criminal Lawyers' Association (Ontario) Intervener Active
Muslim Canadian Congress Intervener Active
South Asian Legal Clinic of Ontario Intervener Active
Barreau du Québec Intervener Active
Canadian Civil Liberties Association Intervener Active
Women's Legal Education and Action Fund Intervener Active
Canadian Council on American-Islamic Relations Intervener Active

Counsel

Party: N.S.

Counsel
David B. Butt
501-205 Richmond St. W.
Toronto, Ontario
M5V 1V3
Telephone: (416) 361-9609
FAX: (416) 361-9443
Email: dbut@barristersatlaw.ca
Agent
Terri H. Semanyk
Shanbaum Semanyk Professional Corporation
150 Isabella Street, Suite 1207
Ottawa, Ontario
K1S 1V7
Telephone: (613) 238-6969 Ext: 2
FAX: (613) 238-9916
Email: tsemanyk@sspclaw.ca

Party: M---d.S.

Counsel
Michael Dineen
Douglas Usher
20 Dundas Street West
11th Floor
Toronto, Ontario
M5G 2G8
Telephone: (416) 352-7733
FAX: (416) 342-1766
Email: dineen@criminaltriallawyers.ca
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Her Majesty the Queen

Counsel
Elise Nakelsky
Benita Wassenaar
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: EserviceCLOC@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: M---l.S.

Counsel
Enzo M Battigaglia
1000 Finch Avenue West
Suite 600
Toronto, Ontario
M3J 2V5
Telephone: (416) 650-1011
FAX: (416) 650-1980
Email: ebcrimlaw@hotmail.com

Party: Ontario Human Rights Commission

Counsel
Reema Khawja
Anthony D. Griffin
Ontario Human Rights Commission
Public Intrest Inquiries Branch
180 Dundas street west 8th floor
Toronto, Ontario
M7A 2R9
Telephone: (416) 326-9870
FAX: (416) 326-9867
Agent
Brian A. Crane, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Barbra Schlifer Commemorative Clinic

Counsel
Rahool P. Agarwal
Michael Kotrly
Vasuda Sinha
Brydie Bethell
Norton Rose Canada LLP
79 Wellington Street
P.O. Box 128
Toronto, Ontario
M5J 1H1
Telephone: (416) 216-3943
FAX: (416) 216-3930
Email: rahool.agarwal@nortonrose.com
Agent
Sally Gomery
Norton Rose Canada LLP
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrose.com

Party: Criminal Lawyers' Association (Ontario)

Counsel
Frank Addario
Emma Phillips
Sack Goldblatt Mitchell LLP
1130 - 20 Dundas St West
Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 979-6446
FAX: (416) 591-7333
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com

Party: Muslim Canadian Congress

Counsel
Tyler Hodgson
Heather Pessione
Ewa Krajewska
Borden Ladner Gervais LLP
Scotia Plaza
40 King Street West, 44th Floor
Toronto, Ontario
M5H 3Y4
Telephone: (416) 367-6460
FAX: (416) 361-2526
Email: thodgson@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: South Asian Legal Clinic of Ontario

Counsel
Ranjan K. Agarwal
Daniel Holden
Jessica Weiss
Bennett Jones LLP
3400 One First Canadian Place
P.O. Box 130, Station 1st Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 863-1200
FAX: (416) 863-1716
Email: agarwalr@bennettjones.com
Agent
Sheridan Scott
Bennett Jones LLP
1900 - 45 O'Connor Street
World Exchange Plaza
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2302
FAX: (613) 683-2323
Email: scotts@bennettjones.com

Party: Barreau du Québec

Counsel
Babak Barin
Sylvie Champagne
BCF s.e.n.c.r.l.
1100, boul. René-Lévesque Ouest
Bureau 2500
Montréal, Quebec
H3B 5C9
Telephone: (514) 397-8500
FAX: (514) 397-8515
Email: bbarin@bcf.ca
Agent
Pamela J. MacEachern
Nelligan O'Brien Payne LLP
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8276
FAX: (613) 788-3681

Party: Canadian Civil Liberties Association

Counsel
Bradley E. Berg
Rahat Godil
Blake, Cassels & Graydon LLP
Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-4316
FAX: (416) 863-2653
Email: brad.berg@blakes.com
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com

Party: Women's Legal Education and Action Fund

Counsel
Joanna L. Birenbaum
Susan Chapman
Women's Legal Education and Action Fund
703 - 60 St. Clair Ave. E
Toronto, Ontario
M4T 1N5
Telephone: (416) 595-7170 Ext: 223
FAX: (416) 595-7191
Email: j.birenbaum@leaf.ca
Agent
Nancy K. Brooks
Blake, Cassels & Graydon LLP
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com

Party: Canadian Council on American-Islamic Relations

Counsel
Mihad Fahmy
Faisal Bhabha
Peggy Smith Law Office
160 Johnson Street
Kingston, Ontario
K7L 1Y1
Telephone: (519) 641-1861
FAX: (519) 204-0375
Email: mihad@rogers.com
Agent
Khalid M. Elgazzar
440 Laurier Avenue West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 663-9991
FAX: (613) 663-5552
Email: ke@elgazzar.ca

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Charter of Rights – Right to life, liberty and security of the person – Right to make full answer and defence – Right to cross-examine witness – Freedom of religion – Preliminary inquiry into allegations of sexual assault – Complainant sought permission to wear niqab while testifying – Whether a sexual assault complainant can wear her niqab for religious reasons while testifying.

At a preliminary inquiry into allegations of historical sexual assaults on N.S. by her uncle, M–l.S., and her cousin, M–d.S., N.S. requested permission to testify while wearing her niqab. She based her request on her Muslim religious beliefs. In conformity with those beliefs, N.S. wears a hijab – a full body dress – and a niqab – a veil which covers her entire face except for her eyes – when she is in public or in the presence of males who are not “direct” members of her family. The stricture applies in the presence of M–d.S. As of the date of the appellate proceedings, she had been wearing the niqab and hijab for approximately five years. M–d.S. and the Crown objected.

The preliminary inquiry judge ordered that she remove her niqab before testifying in the preliminary inquiry. On a motion for extraordinary remedies, the Superior Court judge granted an application for certiorari quashing the order requiring N.S. to remove her veil during testimony, but denied an application for mandamus allowing N.S. to wear her veil while testifying. The Court of Appeal allowed the appeal in part. It affirmed the Superior Court’s order quashing the preliminary inquiry judge’s order and remitted the matter to the preliminary inquiry judge for a decision in accordance with its reasons. A cross-appeal was dismissed.

Lower court rulings

October 16, 2008
Ontario Court of Justice


N.S. denied permission to wear niqab while testifying at preliminary inquiry
April 30, 2009
Ontario Superior Court of Justice

SM197/08

Prelimanary inquiry judge's order that N.S. remove niqab while testifying at preliminary inquiry quashed; request that N.S. be allowed to testify at preliminary inquiry while wearing niqab refused
October 13, 2010
Court of Appeal for Ontario

2010 ONCA 670, C50534-C50892

Appeal allowed in part; cross-appeal dismissed

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Date modified: 2025-02-27