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.
35132
Mohammad Hassan Mian v. Her Majesty the Queen
(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) |
|---|---|---|
| 2014-09-15 | Appeal closed | |
| 2014-09-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-09-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-09-12 |
Judgment on the appeal rendered, CJ LeB Abe Ro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0137-A, 2012 ABCA 302, dated October 18, 2012, heard on April 15, 2014, is allowed and the acquittals are restored. Allowed |
|
| 2014-04-29 | Transcript received, 78 pages | |
| 2014-04-15 | Judgment reserved OR rendered with reasons to follow | |
| 2014-04-15 |
Hearing of the appeal, 2014-04-15, CJ LeB Abe Ro Mo Ka Wa Judgment reserved |
|
| 2014-04-15 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2014-04-15 | Appellant's condensed book, (Book Form), Filed in Court | Mohammad Hassan Mian |
| 2014-04-14 | Intervener's condensed book, (Book Form) | Attorney General of Alberta |
| 2014-04-11 | Correspondence received from, (Letter Form), Counsel for the Appellant, re.: takes no position on the order of argument presented at the hearing. | Mohammad Hassan Mian |
| 2014-04-11 | Correspondence received from, François Lacasse, agent for the Respondent, re.: Objects to the Request made by the Intervener to present arguments last. | Her Majesty the Queen |
| 2014-04-10 | Correspondence received from, (Letter Form), Counsel for the Intervener, Mrs. Jolaine Antonio, re.: request to make oral submissions after the parties have presented their submissions. , (Electronic version filed on 2014-04-10) | Attorney General of Alberta |
| 2014-03-07 | Notice of hearing sent to parties | |
| 2014-03-04 |
Appeal hearing scheduled, 2014-04-15, (previously scheduled February 11, 2014) Judgment reserved |
|
| 2014-02-13 | Correspondence (sent by the Court) to, all parties, re: the new hearing date will be set for April 15, 2014 | |
| 2014-02-06 | Order on motion to adjourn the hearing of the appeal, (by ABELLA J.) | |
| 2014-02-06 |
Decision on motion to adjourn the hearing of the appeal, Abe, UPON APPLICATION by the respondent for an order that the hearing of this matter scheduled for February 11, 2014, be adjourned to a later date; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The Registrar shall fix a new hearing date. Granted |
|
| 2014-02-06 | Submission of motion to adjourn the hearing of the appeal, Abe | |
| 2014-02-05 | Response to the motion to adjourn the hearing of the appeal, Completed on: 2014-02-05 | Attorney General of Alberta |
| 2014-02-05 | Response to the motion to adjourn the hearing of the appeal, Completed on: 2014-02-05 | Mohammad Hassan Mian |
| 2014-02-05 | Motion to adjourn the hearing of the appeal, Completed on: 2014-02-05, (Electronic version filed on 2014-02-05) | Her Majesty the Queen |
| 2014-01-29 | Notice of appearance, David Schermbrucker and Ronald C. Reimer will be present | Her Majesty the Queen |
| 2014-01-10 |
Order by, LeB, FURTHER TO THE ORDER dated October 25, 2013, granting leave to intervene to the Attorney General of Alberta; IT IS HEREBY FURTHER ORDERED THAT the Attorney General of Alberta is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2014-01-06 | Notice of appearance, Darin D. Sprake and Anna M. Konye will be appearing and Daniel J. Song will be giving oral argument. 2 reserved seats requested. | Mohammad Hassan Mian |
| 2013-12-17 | Intervener's book of authorities, (Book Form), Completed on: 2013-12-17 | Attorney General of Alberta |
| 2013-12-17 | Intervener's factum, (Book Form), Completed on: 2013-12-17 | Attorney General of Alberta |
| 2013-11-27 | Notice of appearance, Jolaine Antonio will be present at the hearing. | Attorney General of Alberta |
| 2013-11-25 | Notice of hearing sent to parties | |
| 2013-11-18 | Supplemental document, Book of authorities, Completed on: 2013-11-18 | Mohammad Hassan Mian |
| 2013-11-18 | Reply factum on appeal, Pursuant to Rule 29(4), Completed on: 2013-11-18 | Mohammad Hassan Mian |
| 2013-11-05 | Appeal perfected for hearing | |
| 2013-11-04 | Respondent's book of authorities, (2 volumes), Completed on: 2013-11-04 | Her Majesty the Queen |
| 2013-11-04 | Respondent's record, Completed on: 2013-11-04 | Her Majesty the Queen |
| 2013-11-04 | Respondent's factum, Rule 29(3) included, Completed on: 2013-11-04 | Her Majesty the Queen |
| 2013-10-25 | Order on motion for leave to intervene, (by LEBEL J.) | |
| 2013-10-25 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the Attorney General of Alberta 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 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 December 20, 2013. 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 is not 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 |
|
| 2013-10-25 | Submission of motion for leave to intervene, LeB | |
| 2013-10-21 | Response to the motion for leave to intervene, email from Henry S. Brown, Q.C. dated 2013-10-21, Completed on: 2013-10-21 | Mohammad Hassan Mian |
| 2013-10-18 | Response to the motion for leave to intervene, email from François Lacasse dated 2013-10-18, Completed on: 2013-10-18 | Her Majesty the Queen |
| 2013-09-24 | Motion for leave to intervene, Completed on: 2013-09-24 | Attorney General of Alberta |
| 2013-09-09 | Appellant's book of authorities, Completed on: 2013-09-09 | Mohammad Hassan Mian |
| 2013-09-09 | Appellant's record, (2 volumes), Completed on: 2013-09-09 | Mohammad Hassan Mian |
| 2013-09-09 | Appellant's factum, Completed on: 2013-09-09 | Mohammad Hassan Mian |
| 2013-06-17 | Notice of appeal, Completed on: 2013-06-17 | Mohammad Hassan Mian |
| 2013-05-24 | Transcript received, (29 pages) | |
| 2013-05-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-05-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-05-17 | Judgment on leave sent to the parties | |
| 2013-05-16 |
Judgment of the Court on the application for leave to appeal, After hearing the parties on the application for leave to appeal on May 13, 2013, the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0137-A, 2012 ABCA 302, dated October 18, 2012, is granted without costs. Granted, without costs |
|
| 2013-05-13 | Judgment reserved OR rendered with reasons to follow | |
| 2013-05-13 |
Hearing of the application for leave to appeal, 2013-05-13, CJ Abe Cro Decision reserved |
|
| 2013-05-13 | Acknowledgement and consent for video taping of proceedings, all parties consented | |
| 2013-04-10 | Notice of appearance, Ron Reimer and Tyler Lord will be appearing. Ron Reimer will be making oral arguments. (request to attend by video-conference included) | Her Majesty the Queen |
| 2013-04-10 | Notice of appearance, Daniel J. Song will be appearing | Mohammad Hassan Mian |
| 2013-04-08 | Notice of hearing sent to parties | |
| 2013-04-05 | Appeal hearing scheduled, 2013-05-13, (FOR ORAL HEARING OF THE LEAVE APPLICATION), Start time 11:30 a.m. | |
| 2013-03-28 |
Order by, CJ Abe Cro, The request for an oral hearing of the application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1103-0137-A, 2012 ABCA 302, dated October 18, 2012, is granted pursuant to s. 43(1.2) of the Supreme Court Act. The hearing date will be fixed by the Registrar. The application for leave to intervene by the Attorney General of Alberta is dismissed without prejudice to apply for leave to intervene in the appeal if leave to appeal is granted. Granted |
|
| 2013-03-28 |
Decision on motion for leave to intervene, see judgment Dismissed |
|
| 2013-02-18 |
All materials on application for leave submitted to the Judges, 2013-05-13, CJ Abe Cro Decision reserved |
|
| 2013-02-18 | Submission of motion for leave to intervene, CJ Abe Cro | |
| 2013-02-06 | Response to the motion for leave to intervene, (Letter Form), from Tyler Lord dated Feb. 5/13 (original received Feb. 12/13), Completed on: 2013-02-06 | Her Majesty the Queen |
| 2013-02-04 | Applicant's reply to respondent's argument, (Letter Form), Joint with response to motion to intervene, Completed on: 2013-02-04 | Mohammad Hassan Mian |
| 2013-02-04 | Response to the motion for leave to intervene, (Letter Form), Joint with reply to application, Completed on: 2013-02-05 | Mohammad Hassan Mian |
| 2013-01-31 | Motion for leave to intervene, (Letter Form), Completed on: 2013-02-01 | Attorney General of Alberta |
| 2013-01-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-01-30 | Her Majesty the Queen |
| 2012-12-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-12-14 | Application for leave to appeal, (Book Form), Completed on: 2012-12-14 | Mohammad Hassan Mian |
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 |
|---|---|---|
| Hassan Mian, Mohammad | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Hassan Mian, Mohammad
Counsel
Darin D. Sprake
Anna M. Konye
1720 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-7447
FAX: (604) 687-7089
Email: djsong@sprakesongkonye.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
David Schermbrucker
700 EPCOR Tower 10423, 101st Street
Edmonton, Alberta
T4H 0E7
Telephone: (780) 495-4079
FAX: (780) 495-6940
Email: ron.reimer@ppsc-sppc.gc.ca
Agent
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Attorney General of Alberta
Counsel
3rd Floor, Centrium Place
300, 332 - 6 Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 592-4902
FAX: (403) 297-3453
Email: jolaine.antonio@gov.ab.ca
Agent
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
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 of Rights and Freedoms - Right to be informed of reasons for arrest - Right to counsel - Appellant’s ss. 10(a) and 10(b) Charter rights breached - At trial evidence excluded pursuant to s. 24(2) of the Charter - Application of the rule against cross-examining a witness on the veracity of another witness’s testimony - Appeal allowed and new trial ordered - Did the Court of Appeal err in assisting the respondent by raising a decisive ground of appeal on its behalf - Did the Court of Appeal err by ordering a new trial because defence counsel asked a Crown witness to comment on the veracity of another witness’s testimony - Did the trial judge err in law in concluding that the police infringed the rights of the appellant under ss. 10(a) and 10(b) of the Charter - If there was a breach, did the trial judge err in law in excluding the evidence under s. 24(2) of the Charter.
The appellant was charged with possession of cocaine for the purposes of trafficking and possession of currency obtained by the commission of an offence. The trial judge found the appellant’s ss. 10(a) and 10(b) Charter rights had been breached during his arrest and search of his vehicle. The trial judge excluded the evidence pursuant to s. 24(2) of the Charter. The appellant was acquitted at trial. The Crown appealed. The appeal was allowed and a new trial was ordered.
Lower court rulings
Court of Queen’s Bench of Alberta
090019043Q1, 2011 ABQB 290
Voir dire ruling: applicant’s ss. 10(a) and 10(b) Charter rights breached; evidence excluded pursuant to s. 24(2); acquittals entered
Court of Appeal of Alberta (Edmonton)
1103-0137-A, 2012 ABCA 302
Appeal allowed; acquittals set aside and a new trial ordered
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.
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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.
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