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.
35678
Her Majesty the Queen, et al. v. Hussein Jama Nur, et al.
(Ontario) (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) |
|---|---|---|
| 2015-04-15 | Appeal closed | |
| 2015-04-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-04-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-04-14 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Ka Wa Ga, The appeal from the judgment of the Court of Appeal for Ontario, Number C54701, 2013 ONCA 677, dated November 12, 2013, heard on November 7, 2014, is dismissed. Rothstein, Moldaver and Wagner JJ. are dissenting. The mandatory minimum sentences imposed by s. 95(2)(a)(i) and (ii) of the Criminal Code, R.S.C. 1985, c. C-46, are inconsistent with s. 12 of the Canadian Charter of Rights and Freedoms and are therefore declared of no force or effect under s. 52 of the Constitution Act, 1982. However, Mr. Nur’s sentence was appropriate and is upheld. Dismissed |
|
| 2015-02-19 | Media lock-up request refused | |
| 2015-01-19 | Media lock-up requested or proposed | |
| 2014-11-24 | Transcript received, (183 pages) | |
| 2014-11-07 | Judgment reserved OR rendered with reasons to follow | |
| 2014-11-07 | Intervener's condensed book, Submitted in Court (14 copies) - Joint with 35684 | Attorney General of Alberta |
| 2014-11-07 | Respondent's condensed book, Submitted in Court(14 copies) | Hussein Jama Nur |
| 2014-11-07 | Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35684 | Attorney General of Canada |
| 2014-11-07 | Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35684 | Her Majesty the Queen |
| 2014-11-07 |
Hearing of the appeal, 2014-11-07, CJ LeB Abe Ro Cro Mo Ka Wa Ga Judgment reserved |
|
| 2014-11-04 | Correspondence received from, 2 reserved seats rquested | African Canadian Legal Clinic |
| 2014-11-04 |
Appeal hearing scheduled, 2014-11-07, Early Start 9 a.m. (previously December 11, 2014) Judgment reserved |
|
| 2014-11-03 | Notice of appearance, Joanna Birenbaum will be present at the hearing. | Canadian Association for Community Living |
| 2014-11-03 | Correspondence received from, Riun Shandler dated 2014-11-03. Re: Requesting more time at the hearing | Her Majesty the Queen |
| 2014-11-03 | Notice of appearance, Nader Hasan and Gerald Chan will be present at the hearing. | British Columbia Civil Liberties Association |
| 2014-11-03 |
Order by, (joint with 35864), Ka, FURTHER TO THE ORDER dated September 29, 2014, granting leave to intervene to the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, the Pivot Legal Society and the Canadian Association for Community Living in these appeals and granting leave to intervene to the John Howard Society, the Advocates’ Society, the Canadian Bar Association, the Canada’s National Firearms Association and the African Canadian Legal Clinic in the appeal of Her Majesty the Queen v. Hussein Jama Nur -and between- Attorney General of Canada v. Hussein Jama Nur; IT IS HEREBY FURTHER ORDERED THAT: 1. The Advocates’ Society, the African Canadian Legal Clinic, the British Columbia Civil Liberties Association and the Canadian Bar Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. 2. The factums of the Canadian Civil Liberties Association, the Pivot Legal Society, the Canadian Association for Community Living, the John Howard Society and the Canada’s National Firearms Association will be considered without the need for oral argument. Granted |
|
| 2014-11-03 | Notice of appearance, Bruce Simpson will be present at the hearing. | John Howard Society of Canada |
| 2014-11-03 | Notice of appearance, Anil Kapoor and Lindsay Trevelyan will be present at the hearing. | Advocates' Society |
| 2014-10-31 | Notice of appearance, Jennifer McAleer and Kimberly Potter will be present at the hearing. | Canadian Civil Liberties Association |
| 2014-10-30 | Notice of appearance, Solomon Friedman will be present at the hearing. | Canada's National Firearms Association |
| 2014-10-30 | Notice of appearance, Eric Gottardi and Nikos Harris will be present at the hearing. | Canadian Bar Association |
| 2014-10-30 | Appeal perfected for hearing | |
| 2014-10-29 | Notice of appearance, Joshua Hawkes will be present at the hearing. | Attorney General of Alberta |
| 2014-10-28 | Notice of appearance, Anthony Morgan and Faisal Mirza will be present at the hearing. | African Canadian Legal Clinic |
| 2014-10-27 | Correspondence received from, Margaret Parsons by fax, re: request to remove Virginia A. Nelder as counsel of record | African Canadian Legal Clinic |
| 2014-10-24 | Notice of appearance, Dirk Derstine and Janani Shanmuganathan will be present at the hearing. | Hussein Jama Nur |
| 2014-10-24 | Intervener's book of authorities, Completed on: 2014-10-24 | Canadian Civil Liberties Association |
| 2014-10-24 | Intervener's factum, Completed on: 2014-10-24 | Canadian Civil Liberties Association |
| 2014-10-24 | Intervener's book of authorities, Completed on: 2014-10-24 | Advocates' Society |
| 2014-10-24 | Intervener's factum, Completed on: 2014-10-24 | Advocates' Society |
| 2014-10-24 | Intervener's book of authorities, Joint with 35684, Completed on: 2014-10-24 | Canadian Association for Community Living |
| 2014-10-24 | Intervener's factum, Joint with 35684, Completed on: 2014-10-24 | Canadian Association for Community Living |
| 2014-10-24 | Intervener's book of authorities, Joint with 35684, Completed on: 2014-10-24 | Pivot Legal Society |
| 2014-10-24 | Intervener's factum, Joint with 35684, Completed on: 2014-10-24 | Pivot Legal Society |
| 2014-10-24 | Notice of appearance, Riun Shandler and Andreea Baiasu will be present at the heaaring. | Her Majesty the Queen |
| 2014-10-24 | Intervener's book of authorities, Completed on: 2014-10-24 | Canada's National Firearms Association |
| 2014-10-24 | Intervener's factum, Completed on: 2014-10-24 | Canada's National Firearms Association |
| 2014-10-24 | Intervener's book of authorities, Joint with 35684 (2 volumes), Completed on: 2014-10-24 | Attorney General of Alberta |
| 2014-10-24 | Intervener's factum - AG on constitutional question, Joint with 35684, Completed on: 2014-10-24 | Attorney General of Alberta |
| 2014-10-24 | Intervener's book of authorities, Joint with 35684, Completed on: 2014-10-24 | British Columbia Civil Liberties Association |
| 2014-10-24 | Intervener's factum, Joint with 35684, Completed on: 2014-10-24 | British Columbia Civil Liberties Association |
| 2014-10-24 | Notice of appearance, Rodney Garson will be present at the hearing. | Attorney General of British Columbia |
| 2014-10-24 | Correspondence received from, Intervener, African Canadian Legal Clinic, re.: Change of Address | African Canadian Legal Clinic |
| 2014-10-23 | Intervener's book of authorities, (2 volumes), Completed on: 2014-10-23 | Canadian Bar Association |
| 2014-10-23 | Intervener's factum, Completed on: 2014-10-23 | Canadian Bar Association |
| 2014-10-23 | Intervener's factum, Completed on: 2014-10-23 | John Howard Society of Canada |
| 2014-10-23 | Intervener's book of authorities, (2 volumes), Completed on: 2014-10-23 | African Canadian Legal Clinic |
| 2014-10-23 | Intervener's factum, Completed on: 2014-10-23 | African Canadian Legal Clinic |
| 2014-10-23 | Intervener's book of authorities, Joint with 35684, Completed on: 2014-10-23 | Attorney General of British Columbia |
| 2014-10-23 | Intervener's factum - AG on constitutional question, Joint with 35684, Completed on: 2014-10-23 | Attorney General of British Columbia |
| 2014-10-23 | Intervener's factum - AG on constitutional question, Joint with 35684, Completed on: 2014-10-23 | Attorney General of Quebec |
| 2014-10-23 | Intervener's book of authorities, Joint with 35684, Completed on: 2014-10-23 | Attorney General of Quebec |
| 2014-10-22 | Correspondence received from, 3 reserved seats requested | Attorney General of Canada |
| 2014-10-22 | Notice of appearance, Nancy Dennison and Richard Kramer will be present at the hearing. | Attorney General of Canada |
| 2014-10-20 | Notice of appearance, Julie Dassylva and Gilles Laporte will be present at the hearing. | Attorney General of Quebec |
| 2014-10-17 | Certificate of counsel (attesting to record) | Hussein Jama Nur |
| 2014-10-17 | Respondent's record, Completed on: 2014-10-17 | Hussein Jama Nur |
| 2014-10-17 | Respondent's book of authorities, (2 volumes), Completed on: 2014-10-17 | Hussein Jama Nur |
| 2014-10-17 | Respondent's factum, Completed on: 2014-10-17 | Hussein Jama Nur |
| 2014-10-10 | Notice of withdrawal, of intervention respecting constitutional questions (Letter Form) | Attorney General of Nova Scotia |
| 2014-10-08 | Notice of change of counsel, Anil K. Kapoor has been appointed to represent the Adovates' Society | Advocates' Society |
| 2014-10-08 | Correspondence received from, Intervener, African Canadian Legal Clinic, re.: correspondence is to be directed to Anthony Morgan. | African Canadian Legal Clinic |
| 2014-10-03 | Correspondence received from, 5 reserved seats requested | Her Majesty the Queen |
| 2014-09-29 | Order on motion for leave to intervene, (By KARAKATSANIS J.) | |
| 2014-09-29 |
Decision on the motion for leave to intervene, (joint with 35864), Ka, UPON APPLICATIONS by the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, the Pivot Legal Society and the Canadian Association for Community Living for leave to intervene in the above appeals; AND UPON APPLICATIONS by the John Howard Society, the Advocates’ Society, the Canadian Bar Association, the Canada’s National Firearms Association and the African Canadian Legal Clinic for leave to intervene in the appeal of Her Majesty the Queen v. Hussein Jama Nur -and between- Attorney General of Canada v. Hussein Jama Nur; AND UPON APPLICATION by the African Canadian Legal Clinic for an extension of time to serve and file a motion for leave to intervene in the appeal of Her Majesty the Queen v. Hussein Jama Nur -and between- Attorney General of Canada v. Hussein Jama Nur; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to serve and file the motion for leave to intervene of the African Canadian Legal Clinic is granted. The motions for leave to intervene of the British Columbia Civil Liberties Association, the Canadian Civil Liberties Association, the Pivot Legal Society and the Canadian Association for Community Living are granted and the said four interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length in these appeals on or before October 24, 2014. The motions for leave to intervene of the John Howard Society, the Advocates’ Society, the Canadian Bar Association, the Canada’s National Firearms Association and the African Canadian Legal Clinic are granted and the said five interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length in the appeal of Her Majesty the Queen v. Hussein Jama Nur -and between- Attorney General of Canada v. Hussein Jama Nur on or before October 24, 2014. 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 are 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 interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions. Granted |
|
| 2014-09-29 | Submission of motion for leave to intervene, Ka | |
| 2014-09-24 | Correspondence received from, CBA, Will not file a reply | Canadian Bar Association |
| 2014-09-19 | Reply to the motion for leave to intervene, Joint with 35684, Completed on: 2014-09-19, (Electronic version filed on 2014-09-19) | Canadian Civil Liberties Association |
| 2014-09-19 | Reply to the motion for leave to intervene, Completed on: 2014-09-19 | African Canadian Legal Clinic |
| 2014-09-18 | Reply to the motion for leave to intervene, Completed on: 2014-09-18 | Canadian Association for Community Living |
| 2014-09-18 | Reply to the motion for leave to intervene, Completed on: 2014-09-18 | Advocates' Society |
| 2014-09-17 | Intervener's book of authorities, (Book Form), for the motion to the intervene, Completed on: 2014-09-17, (Printed version filed on 2014-09-19) | African Canadian Legal Clinic |
| 2014-09-17 | Motion for leave to intervene, (Book Form), Motion to ext. time included, Completed on: 2014-09-17, (Printed version filed on 2014-09-19) | African Canadian Legal Clinic |
| 2014-09-17 | Reply to the motion for leave to intervene, Completed on: 2014-09-17 | Canada's National Firearms Association |
| 2014-09-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-09-17 | Hussein Jama Nur |
| 2014-09-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-09-17 | Her Majesty the Queen |
| 2014-09-17 | Reply to the motion for leave to intervene, Completed on: 2014-09-17 | Pivot Legal Society |
| 2014-09-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2014-09-17 | Attorney General of Canada |
| 2014-09-15 | Notice of appearance, Edward D. Delaney, Q.C. and Jennifer A. McLellan will be appearing at the hearing. Ms. McLellan will be making oral arguments. | Attorney General of Nova Scotia |
| 2014-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2014-09-12, (Electronic version filed on 2014-09-16) | Canadian Association for Community Living |
| 2014-09-12 | Intervener's book of authorities, (Book Form), on Motion to Intervene, Completed on: 2014-09-12 | Canada's National Firearms Association |
| 2014-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2014-09-17, (Electronic version filed on 2014-09-18) | Canada's National Firearms Association |
| 2014-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) | Canadian Bar Association |
| 2014-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) | Advocates' Society |
| 2014-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2014-09-15, (Electronic version filed on 2014-09-12) | British Columbia Civil Liberties Association |
| 2014-09-12 | Motion for leave to intervene, Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) | Canadian Civil Liberties Association |
| 2014-09-12 | Motion for leave to intervene, Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) | John Howard Society of Canada |
| 2014-09-10 | Motion for leave to intervene, (Book Form), Joint with 35684, Completed on: 2014-09-10, (Electronic version filed on 2014-09-10) | Pivot Legal Society |
| 2014-09-08 | Notice of hearing sent to parties | |
| 2014-08-28 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before September 12, 2014. 2. The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before September 17, 2014. 3. Replies to any responses to the motions for leave to intervene shall be served and filed on or before September 19, 2014. 4. The respondent’s record, factum and book of authorities shall be served and filed no later than eight (8) weeks after the service of the appellants’ records, factums and books of authorities. 5. Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall file and serve their factum and book of authorities on or before October 24, 2014. 6. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than October 24, 2014. Granted |
|
| 2014-08-22 | Appellant's book of authorities, (2 volumes), Completed on: 2014-08-22 | Attorney General of Canada |
| 2014-08-22 | Appellant's factum, service missing (rec'd September 5, 2014), Completed on: 2014-09-05, (Electronic version filed on 2014-08-22) | Attorney General of Canada |
| 2014-08-22 | Appellant's book of authorities, (Book Form), Completed on: 2014-08-22 | Her Majesty the Queen |
| 2014-08-22 | Appellant's record, (Book Form), 5 volumes, Completed on: 2014-08-22 | Her Majesty the Queen |
| 2014-08-22 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2014-08-22 | Appellant's factum, (Book Form), Completed on: 2014-08-22 | Her Majesty the Queen |
| 2014-07-03 | Notice of intervention respecting a constitutional question | Attorney General of Quebec |
| 2014-06-27 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2014-06-27 | Notice of intervention respecting a constitutional question | Attorney General of Nova Scotia |
| 2014-06-26 | Notice of intervention respecting a constitutional question | Attorney General of Alberta |
| 2014-06-09 | Notice of constitutional question(s), All Attorneys General served on June 5, 2014 | Her Majesty the Queen |
| 2014-06-03 | Order on motion to state a constitutional question, (by THE CHIEF JUSTICE) | |
| 2014-06-03 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant, the Attorney General of Canada, for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Does s. 95(2)(a)(i) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 12 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? 3. Does s. 95(2) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellants and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities no later than November 27, 2014. Granted |
|
| 2014-06-03 | Submission of motion to state a constitutional question, CJ | |
| 2014-05-22 | Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-22, (Printed version filed on 2014-05-21) | Attorney General of Canada |
| 2014-05-20 | Response to the motion to state a constitutional question, (Letter Form), Takes no position, Completed on: 2014-05-20 | Her Majesty the Queen |
| 2014-05-15 | Response to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-15, (Electronic version filed on 2014-05-15) | Hussein Jama Nur |
| 2014-05-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-05-05 | Notice of appeal, Completed on: 2014-05-05 | Her Majesty the Queen |
| 2014-05-05 | Notice of appeal, Completed on: 2014-05-05 | Attorney General of Canada |
| 2014-05-02 | Motion to state a constitutional question, (Letter Form), Completed on: 2014-05-02, (Printed version filed on 2014-05-05) | Attorney General of Canada |
| 2014-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-04-11 | Judgment on leave sent to the parties | |
| 2014-04-10 |
Judgment of the Court on the application for leave to appeal, The applications for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C54701, 2013 ONCA 677, dated November 12, 2013, are granted. The application for leave to cross-appeal is dismissed. Granted |
|
| 2014-04-10 |
Judgment of the Court on the application for leave to cross-appeal Dismissed |
|
| 2014-03-17 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-03-17 | All material on the application for leave to cross-appeal submitted to the Judges, Abe Ro Mo | |
| 2014-03-17 | Reply to the memorandum in response to the argument on cross-appeal, (Letter Form), (Original rec'd 2014-03-17), Completed on: 2014-03-17, (Electronic version filed on 2014-03-17) | Hussein Jama Nur |
| 2014-03-05 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-03-14) | Her Majesty the Queen |
| 2014-03-05 | Memorandum of argument in response to the cross-appeal, (Book Form), Completed on: 2014-03-05, (Electronic version filed on 2014-03-11) | Her Majesty the Queen |
| 2014-03-04 | Memorandum of argument in response to the cross-appeal, (Letter Form), Completed on: 2014-03-04, (Electronic version filed on 2014-03-14) | Attorney General of Canada |
| 2014-02-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-02-12) | Hussein Jama Nur |
| 2014-02-10 | Application for leave to cross-appeal, (Book Form), Included in response, Completed on: 2014-02-12, (Electronic version filed on 2014-02-12) | Hussein Jama Nur |
| 2014-02-10 | Respondent's response on the application for leave to appeal, (Book Form), Cross-Appeal included, Completed on: 2014-02-13, (Electronic version filed on 2014-02-12) | Hussein Jama Nur |
| 2014-01-16 | Letter acknowledging receipt of an incomplete application for leave to appeal, (2nd APPLICATION) File open | |
| 2014-01-16 | Letter acknowledging receipt of an incomplete application for leave to appeal, (1st APPLICATION) File Open | |
| 2014-01-10 | Certificate (on limitations to public access), (Letter Form), (2nd APPLICATION), (Electronic version filed on 2014-01-10) | Attorney General of Canada |
| 2014-01-10 | Application for leave to appeal, (Book Form), (2nd APPLICATION) Trial Court Order and Reasons rec'd 2014/01/20 and joint with 35684, Completed on: 2014-01-20, (Electronic version filed on 2014-01-10) | Attorney General of Canada |
| 2014-01-10 | Certificate (on limitations to public access), (Letter Form), (1st APPLICATION), (Electronic version filed on 2014-01-10) | Her Majesty the Queen |
| 2014-01-10 | Application for leave to appeal, (Book Form), (1st APPLICATION), Completed on: 2014-01-28, (Electronic version filed on 2014-01-10) | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nur, Hussein Jama | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nur, Hussein Jama | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Pivot Legal Society | Intervener | Active |
| John Howard Society of Canada | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Advocates' Society | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
| Canada's National Firearms Association | Intervener | Active |
| Canadian Association for Community Living | Intervener | Active |
| African Canadian Legal Clinic | Intervener | Active |
Counsel
Party: Attorney General of Canada
Counsel
Nancy Dennison
Richard Kramer
Richard Kramer
Attorney General of Canada
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8032
FAX: (416) 973-4328
Email: nancy.dennison@justice.gc.ca
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8032
FAX: (416) 973-4328
Email: nancy.dennison@justice.gc.ca
Agent
Robert J. Frater Q.C.
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Her Majesty the Queen
Counsel
Riun Shandler
Andreea Baiasu
Andreea Baiasu
Attorney General of Ontario
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2353
FAX: (416) 326-4656
Email: riun.shandler@ontario.ca
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2353
FAX: (416) 326-4656
Email: riun.shandler@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
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Nur, Hussein Jama
Counsel
Dirk Derstine
Janani Shanmuganathan
Thomas Slade
Janani Shanmuganathan
Thomas Slade
Derstine, Penman
302 - 559 College Street
Toronto, Ontario
M6G 1A9
Telephone: (416) 304-1414
FAX: (416) 304-1345
Email: derstine@derstinepenman.com
302 - 559 College Street
Toronto, Ontario
M6G 1A9
Telephone: (416) 304-1414
FAX: (416) 304-1345
Email: derstine@derstinepenman.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Civil Liberties Association
Counsel
Jennifer McAleer
Kimberly Potter
Kimberly Potter
Fasken Martineau DuMoulin LLP
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-4413
FAX: (416) 364-7813
Email: jmcaleer@fasken.com
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-4413
FAX: (416) 364-7813
Email: jmcaleer@fasken.com
Agent
Yael Wexler
Fasken Martineau DuMoulin LLP
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
Party: John Howard Society of Canada
Counsel
Bruce F. Simpson
Barnes Sammon LLP
400 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
400 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
Party: African Canadian Legal Clinic
Counsel
Anthony Morgan
Faisal Mirza
Faisal Mirza
African Canadian Legal Clinic
250 Dundas Street West
Suite 402
Toronto, Ontario
M5T 2Z5
Telephone: (416) 214-4747
FAX: (416) 214-4748
Email: morgana@lao.on.ca
250 Dundas Street West
Suite 402
Toronto, Ontario
M5T 2Z5
Telephone: (416) 214-4747
FAX: (416) 214-4748
Email: morgana@lao.on.ca
Agent
Bruce F. Simpson
Barnes Sammon LLP
400 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
400 - 200 Elgin Street
Ottawa, Ontario
K2P 1L5
Telephone: (613) 594-8000
FAX: (613) 235-7578
Party: Attorney General of Alberta
Counsel
Joshua B. Hawkes, Q.C.
Attorney General of Alberta
Appeals Branch
300, 332 - 6th Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: josh.hawkes@gov.ab.ca
Appeals Branch
300, 332 - 6th Avenue S.W.
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: josh.hawkes@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of British Columbia
Counsel
Rodney G. Garson
Attorney General of British Columbia
940 Blanshard Street, 3rd Floor
P.O. Box 9245 Stn Prov Govt
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5182
FAX: (250) 387-4262
Email: Rodney.Garson@gov.bc.ca
940 Blanshard Street, 3rd Floor
P.O. Box 9245 Stn Prov Govt
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5182
FAX: (250) 387-4262
Email: Rodney.Garson@gov.bc.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
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Quebec
Counsel
Sylvain Leboeuf
Julie Dassylva
Gilles Laporte
Julie Dassylva
Gilles Laporte
Procureur général du Québec
1200, Route de l'Église, 2ème étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: Sylvain.leboeuf@justice.gouv.qc.ca
1200, Route de l'Église, 2ème étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 21010
FAX: (418) 644-7030
Email: Sylvain.leboeuf@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Pivot Legal Society
Counsel
Michael A. Feder
Adrienne Smith
Julia K. Lockhart
Adrienne Smith
Julia K. Lockhart
McCarthy Tétrault LLP
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Suite 1300, 777 Dunsmuir Street
Vancouver, British Columbia
V7Y 1K2
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: British Columbia Civil Liberties Association
Counsel
Nader R. Hasan
Gerald Chan
Gerald Chan
Ruby Shiller Chan Hasan
11 Prince Arthur Ave.
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
11 Prince Arthur Ave.
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
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
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Advocates' Society
Counsel
Anil K. Kapoor
Lindsay E. Trevelyan
Lindsay E. Trevelyan
Kapoor Barristers
235 King Street East
2nd Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
235 King Street East
2nd Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Canadian Bar Association
Counsel
Eric V. Gottardi
Nikos Harris
Nikos Harris
Peck and Company
610 - 744 West Hastings
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: egottardi@peckandcompany.ca
610 - 744 West Hastings
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: egottardi@peckandcompany.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Canada's National Firearms Association
Counsel
Solomon Friedman
Edelson Clifford D'Angelo Friedman LLP
200 Elgin Street
Suite 600
Ottawa, Ontario
K2P 1L5
Telephone: (613) 237-2290
FAX: (613) 237-0071
Email: solomon@edelsonlaw.ca
200 Elgin Street
Suite 600
Ottawa, Ontario
K2P 1L5
Telephone: (613) 237-2290
FAX: (613) 237-0071
Email: solomon@edelsonlaw.ca
Party: Canadian Association for Community Living
Counsel
Joanna Birenbaum
Susan Chapman
Susan Chapman
Ursel Phillips Fellows Hopkinson LLP
555 Richmond Street West
Suite 1200
Toronto, Ontario
M5V 3B1
Telephone: (416) 969-3504
FAX: (416) 968-0325
Email: jbirenbaum@upfhlaw.ca
555 Richmond Street West
Suite 1200
Toronto, Ontario
M5V 3B1
Telephone: (416) 969-3504
FAX: (416) 968-0325
Email: jbirenbaum@upfhlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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.
Canadian Charter of Rights and Freedoms - Criminal law - Cruel and unusual treatment or punishment - Mandatory minimum sentence - Possession of prohibited or restricted firearm with ammunition - Does s. 95(2)(a)(i) of the Criminal Code infringe s. 12 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Does s. 95(2) of the Criminal Code infringe s. 7 of the Canadian Charter of Rights and Freedoms? - If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? - Criminal Code, R.S.C., 1985, c. C-46.
In 2009, a young man approached a staff member at a community centre and said that someone was waiting outside to “get him.” The staff member put the community centre on lockdown and called the police. When the police arrived, they saw four men outside an entrance run off in different directions. One officer chased the Respondent who was seen throwing something away, later determined to be a fully operable, 22-calibre semiautomatic hand gun, a prohibited firearm, fully loaded with an oversized ammunition clip containing 23 bullets. The Respondent was 19 years old at the time of the offence and was not licensed to possess a firearm which was not itself registered. The Crown elected to proceed by indictment. In 2010, the Respondent pled guilty to possession of a loaded prohibited firearm, contrary to s. 95(1) of the Criminal Code, but challenged the three-year mandatory minimum sentencing regime under s. 95(2)(a)(i) of the Criminal Code.
Lower court rulings
August 30, 2011
Ontario Superior Court of Justice
2011 ONSC 4874, 40000591-0000
Ontario Superior Court of Justice
2011 ONSC 4874, 40000591-0000
Respondent’s motion challenging constitutionality of s. 95(2)(a)(i) of the Criminal Code dismissed.
November 12, 2013
Court of Appeal for Ontario
2013 ONCA 677, C54701
Court of Appeal for Ontario
2013 ONCA 677, C54701
Section 95(2)(a)(i) of the Criminal Code declared of no force or effect as contrary to s. 12 of the Charter to the extent that it imposes a mandatory three-year minimum term of imprisonment when Crown proceeds by indictment.
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Date modified: 2025-02-27