Skip to main content
The Supreme Court’s badge designed by Ernest Cormier SUPREME COURT OF CANADA

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.

34340

Tung Chi Duong v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

(Publication ban in case) (Sealing order)

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)
2013-01-02 Appeal closed
2012-12-24 Formal judgment sent to the registrar of the court of appeal and all parties
2012-12-24 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-12-21 Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C46206, 2010 ONCA 637, dated October 5, 2010, heard on March 14 and 15, 2012, is dismissed.
Dismissed
2012-11-22 Correspondence received from, Michal Fairburn rec'd Nov. 22/12 re: Supplemental Authorities with consent (sent to the Court Nov. 26/12) Her Majesty the Queen
2012-04-03 Transcript received, (202 pages)
2012-03-15 Hearing of the appeal, 2012-03-14, CJ LeB De F Abe Ro Cro Mo Ka
Judgment reserved
2012-03-15 Judgment reserved OR rendered with reasons to follow
2012-03-15 Intervener's condensed book, Filed in Court Information and Privacy Commissioner of Ontario
2012-03-14 Intervener's condensed book, Filed in Court Criminal Lawyers' Association
2012-03-14 Intervener's condensed book, Filed in Court Canadian Civil Liberties Association
2012-03-14 Intervener's condensed book, Filed in Court Davis Asper Centre for Constitutional Rights
2012-03-14 Respondent's condensed book, Joint with 34087-34090-34091-34179 - Sealed and Redacted filed in Court Her Majesty the Queen
2012-03-14 Acknowledgement and consent for video taping of proceedings, All parties consented
2012-03-09 Reply factum on appeal, Joint with 34087-34091,34179, 34090, Completed on: 2012-03-09 Her Majesty the Queen
2012-03-07 Order on motion to file a reply factum on appeal, (BY FISH J.) (joint with 34087-90-91-179)
2012-03-07 Decision on the motion to file a reply factum on appeal, (joint with 34087-90-91-179), F, UPON APPLICATION by the respondent for an order permitting the filing of a reply factum to the factums of the interveners;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted
Granted
2012-03-07 Submission of motion to file a reply factum on appeal, F
2012-03-07 Notice of appearance, Gerald Chan and Nader Hasan will be appearing British Columbia Civil Liberties Association
2012-03-07 Notice of appearance, Anthony Moustacalis and Peter Thorning will be appearing Criminal Lawyers' Association
2012-03-07 Notice of appearance, Maureen McGuire will be appearing Attorney General of Alberta
2012-03-06 Notice of appearance, William S. Challis and Stephen McCammon will be appearing Information and Privacy Commissioner of Ontario
2012-03-06 Notice of appearance, Michal Fairburn, John McInnes, Susan Magotiaux and Deborah Krick will be appearing Her Majesty the Queen
2012-03-05 Motion to file a reply factum on appeal, to the factums of the interveners (joint with 34087-90-91-179), Completed on: 2012-03-05 Her Majesty the Queen
2012-03-05 Order by, F, FURTHER TO THE ORDERS dated February 3, 10 and 17, 2012, granting leave to intervene to the Information and Privacy Commissioner of Ontario, the Ontario Crown Attorney’s Association, the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association, the Criminal Lawyers' Association and the Attorney General of Alberta;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals.
Granted
2012-03-01 Intervener's book of authorities, Joint with 34087, 34091, 34179 and 34090, Completed on: 2012-03-01 Criminal Lawyers' Association
2012-02-28 Intervener's book of authorities, Completed on: 2012-02-28 Attorney General of Alberta
2012-02-28 Intervener's factum, Completed on: 2012-02-28 Attorney General of Alberta
2012-02-28 Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 Criminal Lawyers' Association
2012-02-28 Intervener's book of authorities, Joint with 34090-34091-34087, Completed on: 2012-02-28 Ontario Crown Attorneys Association
2012-02-28 Intervener's factum, Joint with 34090-34091-34087, Completed on: 2012-02-28 Ontario Crown Attorneys Association
2012-02-28 Intervener's book of authorities, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 Davis Asper Centre for Constitutional Rights
2012-02-28 Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 Davis Asper Centre for Constitutional Rights
2012-02-28 Intervener's book of authorities, (Vol. 1 and 2) Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 Information and Privacy Commissioner of Ontario
2012-02-28 Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 Information and Privacy Commissioner of Ontario
2012-02-28 Intervener's book of authorities, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 Canadian Civil Liberties Association
2012-02-28 Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 Canadian Civil Liberties Association
2012-02-28 Intervener's book of authorities, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 British Columbia Civil Liberties Association
2012-02-28 Intervener's factum, Joint with 34090-34091-34087-34179, Completed on: 2012-02-28 British Columbia Civil Liberties Association
2012-02-28 Notice of appearance, Paul J.J. Cavalluzzo and Shaun O'Brien will be appearing Ontario Crown Attorneys Association
2012-02-17 Correspondence received from, Ms. Magotiaux re: Order of Feb. 1, 2010 of the CA Her Majesty the Queen
2012-02-17 Respondent's book of authorities, Joint with 34090 and 34091, Vol. 1 to 111, Completed on: 2012-02-17 Her Majesty the Queen
2012-02-17 Respondent's record, Joint with 34090 and 34091, SEALED + 2 Redacted copies filed and served Feb. 22/12, Completed on: 2012-02-17 Her Majesty the Queen
2012-02-17 Respondent's factum, Joint with 34090 and 34091, SEALED + 2 Redacted copies filed and served Feb. 22/12, Completed on: 2012-02-27 Her Majesty the Queen
2012-02-17 Order on motion for leave to intervene, (BY FISH J.)
2012-02-17 Decision on the motion for leave to intervene, F, UPON APPLICATION by the Attorney General of Alberta 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 motion for an extension of time to apply for leave to intervene of the Attorney General of Alberta 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 February 28, 2012.
The requests to present oral argument are 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
2012-02-17 Submission of motion for leave to intervene, F
2012-02-15 Response to the motion for leave to intervene, email from Terri Semanuk dated Feb. 15/12, Completed on: 2012-02-15 Tung Chi Duong
2012-02-14 Response to the motion for leave to intervene, email from Burke-Robertson dated Feb. 14/12, Completed on: 2012-02-14 Her Majesty the Queen
2012-02-14 Motion for leave to intervene, Completed on: 2012-02-15 Attorney General of Alberta
2012-02-10 Order on motion for leave to intervene, (BY FISH J.) (joint WITH 34087-90-91-179)
2012-02-10 Decision on the motion for leave to intervene, (joint with 34087-90-91-179), F, UPON APPLICATION by the Criminal Lawyers' Association for an extension of time and for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time and for leave to intervene by the Criminal Lawyers' Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012.
The requests to present oral argument are 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention
Granted
2012-02-10 Submission of motion for leave to intervene, F
2012-02-09 Response to the motion for leave to intervene, (Letter Form), from Susan Magotiaux dated Feb. 9/12 (by CLA) (joint with 34087-90-91-179), Completed on: 2012-02-09 Her Majesty the Queen
2012-02-08 Order by, (joint with 34087-090-091-179), Reg, UPON APPLICATION by the appellant Ibrahim Yumnu in file number 34090 for an extension of time to serve and file its record to December 21, 2011, its factum to January 10, 2012 and its book of authorities to January 11, 2012;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
1) The motion of the appellant Yumnu is granted.
2) The respondent is permitted to serve and file its facta and book of authorities in all of the above appeals no later than February 17, 2012
Granted
2012-02-06 Response to the motion for leave to intervene, (by CLA), Completed on: 2012-02-06 Tung Chi Duong
2012-02-06 Letter sent to Intervener(s)
2012-02-03 Motion for leave to intervene, (joint with extension of time) (joint with 34090, 34091, 34087 and 34179), Completed on: 2012-02-03 Criminal Lawyers' Association
2012-02-03 Order on motion for leave to intervene, (BY FISH J.)
2012-02-03 Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association for leave to intervene in the above appeals;
AND UPON APPLICATIONS by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association for an extension of time and for leave to intervene in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012.
The motions for an extension of time and for leave to intervene by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012.
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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention.
Granted
2012-02-02 Submission of motion for leave to intervene, F
2012-01-27 Correspondence received from, Burke-Robertson by email dated Jan. 27/12 re no documents to be sealed in this file (joint with 34090-34091) Her Majesty the Queen
2012-01-23 Response to the motion for leave to intervene, (Letter Form), (to IPC) (joint with 34090) from Michal Fairburn, dated Jan.23/12, by fax, Completed on: 2012-01-23 Her Majesty the Queen
2012-01-23 Appeal perfected for hearing
2012-01-20 Supplemental document, Book of Authorities, Completed on: 2012-01-20 Information and Privacy Commissioner of Ontario
2012-01-20 Motion for leave to intervene, (Bookform) (2 volumes), Completed on: 2012-01-20 Information and Privacy Commissioner of Ontario
2012-01-17 Appellant's book of authorities, CD rec'd Jan. 27/12, Completed on: 2012-01-31 Tung Chi Duong
2012-01-17 Appellant's record, CD rec'd Jan. 27/12, Completed on: 2012-01-31 Tung Chi Duong
2012-01-17 Appellant's factum, CD rec'd Jan. 27/12, Completed on: 2012-01-31 Tung Chi Duong
2012-01-17 Response to the motion for leave to intervene, (Letter Form), (to all motions) (joint with 34179, 34087, 34091 and 34090) from Michal Fairburn, by fax, dated Jan.9/12, Completed on: 2012-01-17 Her Majesty the Queen
2012-01-16 Motion for leave to intervene, Completed on: 2012-01-16 Ontario Crown Attorneys Association
2012-01-16 Response to the motion for leave to intervene, (Letter Form), (to IPC) from Timothy E. Breen, dated Jan.16/12, by fax (original rec'd Jan.25/12), Completed on: 2012-01-25 Tung Chi Duong
2011-12-22 Order on miscellaneous motion
2011-12-22 Decision on miscellaneous motion, (joint with 34090, 34091, 34087, 34179), Reg, to permit the Crown to file a single factum responding to the Yumnu, Cardoso, and Duong appeals; to set out the law in respect to the legal issues raised in Yumnu, Cardoso, Duong, Emms, and Davey in its factum in Yumnu, Cardoso and Duong; an order that the Yumnu, Cardoso and Duong factum be no more than 90 pages in length; an order that the Emms factum be no more than 20 pages in length; an order that the Davey factum be no more than 30 pages in length; and an order that the Crown may file all facta in these matters on or before February 10, 2012.
Granted
2011-12-22 Submission of miscellaneous motion, Reg
2011-12-15 Response to the motion for leave to intervene, Completed on: 2011-12-15 Tung Chi Duong
2011-12-14 Motion for leave to intervene, Book form (joint with 34179, 34091, 34090, 34087), Completed on: 2011-12-14 Davis Asper Centre for Constitutional Rights
2011-12-13 Motion for leave to intervene, Book form (joint with 34090, 34091, 34179 & 34087) (Extension of time included), Completed on: 2011-12-13 British Columbia Civil Liberties Association
2011-12-12 Response to the motion for leave to intervene, Included in the motion book, Completed on: 2011-12-12 Tung Chi Duong
2011-12-12 Motion for leave to intervene, Book Form, (Joint with 34091, 34090, 34087 & 34179), Completed on: 2011-12-12 Canadian Civil Liberties Association
2011-12-09 Notice of hearing sent to parties
2011-12-08 Notice of miscellaneous motion, For Order to permit Crown to file one 90 page factum re. Yumnu, Cardoso & Duong; set out the law in legal issues raised in all 5 cases; Emms factum 20 pgs; Davey factum 30 pgs, be filed by Feb. 10, 2012. (joint with 34091,34090, 34087 & 34179), Completed on: 2011-12-08 Her Majesty the Queen
2011-12-08 Notice of hearing sent to parties
2011-12-07 Appeal hearing scheduled, 2012-03-15, For webcasting purposes only – March 14 & 15, 2012.
2011-12-07 Appeal hearing scheduled, 2012-03-14, (Early start 9:00am)
Judgment reserved
2011-11-22 Notice of appeal, CD missing - Rec'd on December 23, 2011, Completed on: 2011-12-23 Tung Chi Duong
2011-11-18 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-11-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-11-18 Judgment on leave sent to the parties
2011-11-17 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 and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C46206, 2010 ONCA 637, dated October 5, 2010, are granted with no order as to costs. The appeal will be heard with Emms v. Her Majesty the Queen (34087); Yumnu v. Her Majesty the Queen (34090); Cardoso v. Her Majesty the Queen (34091) and Davey v. Her Majesty the Queen (34179) and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar.
Granted, no order as to costs
2011-11-17 Decision on motion to extend time to file and /or serve the leave application
Granted, no order as to costs
2011-10-11 All materials on application for leave submitted to the Judges, Bi Abe Ro
2011-10-11 Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro
2011-10-07 Order on motion to extend time
2011-10-07 Decision on motion to extend time, De Rg McFadyen, to serve and file the respondent's response to Oct. 4/11
Granted
2011-10-07 Submission of motion to extend time, De Rg McFadyen
2011-10-04 Response to motion to extend time, Completed on: 2011-10-04 Tung Chi Duong
2011-10-04 Motion to extend time, to serve and file the respondent's response to Oct. 4/11, Completed on: 2011-10-04 Her Majesty the Queen
2011-10-04 Respondent's response on the application for leave to appeal, Completed on: 2011-10-05 Her Majesty the Queen
2011-08-10 General proceeding, decision of the Superior Court of justice dated may 8, 2011 Her Majesty the Queen
2011-07-05 Letter acknowledging receipt of an incomplete application for leave to appeal
2011-07-04 Motion to extend the time to file and or serve the application for leave to appeal, Included in the application, Completed on: 2011-07-04 Tung Chi Duong
2011-07-04 Application for leave to appeal, Lower court judgment missing (conviction report recevied on Aug 10, 2011), Completed on: 2011-08-11 Tung Chi Duong

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
Duong, Tung Chi Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
Canadian Civil Liberties Association Intervener Active
British Columbia Civil Liberties Association Intervener Active
Davis Asper Centre for Constitutional Rights Intervener Active
Information and Privacy Commissioner of Ontario Intervener Active
Ontario Crown Attorneys Association Intervener Active
Criminal Lawyers' Association Intervener Active
Attorney General of Alberta Intervener Active

Counsel

Party: Duong, Tung Chi

Counsel
Timothy E. Breen
Fleming, Breen
370 Bloor St. E.
Toronto, Ontario
M4W 3M6
Telephone: (416) 927-9000
FAX: (416) 927-9069
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: Her Majesty the Queen

Counsel
Michal Fairburn
Susan Magotiaux
John McInnes
Deborah Krick
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@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: Canadian Civil Liberties Association

Counsel
Frank Addario
Addario Law Group
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5055
FAX: (866) 714-1196
Email: faddario@addario.ca
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: British Columbia Civil Liberties Association

Counsel
Gerald Chan
Nader R. Hasan
Ruby Shiller Chan Hasan
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: gchan@rubyshiller.com
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: Davis Asper Centre for Constitutional Rights

Counsel
Cheryl Milne
Lisa Austin
University of Toronto
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
Agent
Martha A. Healey
Norton Rose Canada LLP
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com

Party: Information and Privacy Commissioner of Ontario

Counsel
William S. Challis
Stephen McCammon
Information and Privacy Commissioner/Ontario
2 Bloor Street East
Suite 1400
Toronto, Ontario
M4W 1A8
Telephone: (437) 770-8564
FAX: (416) 325-9186
Email: bill.challis@ipc.on.ca
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: Ontario Crown Attorneys Association

Counsel
Paul J.J. Cavalluzzo
Shaun O'Brien
Cavalluzzo Hayes Shilton McIntyre & Cornish LLP
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com

Party: Criminal Lawyers' Association

Counsel
Anthony Moustacalis
Peter Thorning
1000 - 121 Richmond St. W.
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-2656
FAX: (416) 363-4920
Email: anthonyem@msn.com

Party: Attorney General of Alberta

Counsel
Maureen McGuire
Attorney General of Alberta
3rd Floor, 9833 - 109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: maureen.mcguire@gov.ab.ca
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
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

Summary

Keywords

None.

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.

Criminal law – Jurors – Selection – Whether Court of Appeal for Ontario err in concluding that the investigation or “vetting” of prospective jurors did not give rise to an appearance of unfairness resulting in a miscarriage of justice.
Duong and two others were convicted of first degree murder. On the appeal to the Ontario Court of Appeal, it was disclosed that the Crown had engaged in a practice of jury vetting in the Barrie area. Fresh evidence was admitted on appeal that established that the Crown had enlisted the aid of police forces to obtain information about prospective jurors, which was not disclosed to the defence. The Court of Appeal dismissed the appeal. Although the Crown had an obligation to disclose the information to the defence, the failure to do so did not taint the fairness of the trial or impede the right to make fair answer and defence.

Monsieur Duong et deux autres personnes ont été déclarés coupables de meurtre au premier degré. En appel à la Cour d’appel de l’Ontario, il a été révélé que le ministère public s’était adonné à une pratique de triage des jurés dans la région de Barrie. En appel, de nouveaux éléments de preuve ont été admis qui permettaient de conclure que le ministère public avait obtenu l’aide des forces policières pour obtenir des renseignements sur des jurés éventuels, des renseignements qui n’ont pas été communiqués à la défense. La Cour d’appel a rejeté l’appel, concluant que même si le ministère public avait l’obligation de communiquer les renseignements à la défense, l’omission de le faire ne nuisait pas à l’équité du procès et ne portait pas atteinte au droit de présenter une défense pleine et entière.

Lower court rulings

December 22, 2005
Ontario Superior Court of Justice


Convictions: first degree murder (two counts) and conspiracy to commit murder (two counts)
October 5, 2010
Court of Appeal for Ontario

C46206, 2010 ONCA 637

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

Not available

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

Webcasts

Select format
Select language

Select format
Select language
Date modified: 2025-02-27