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.
35684
Her Majesty the Queen, et al. v. Sidney Charles, 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 C54111, 2013 ONCA 681, 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. Charles’ 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 35678 | Attorney General of Alberta |
| 2014-11-07 | Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35678 | Attorney General of Canada |
| 2014-11-07 | Appellant's condensed book, Submitted in Court (14 copies) - Joint with 35678 | 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 |
Appeal hearing scheduled, 2014-11-07, Early Start 9 a.m. (previously December 11, 2014) Judgment reserved |
|
| 2014-11-03 |
Order by, (by KARAKATSANIS J.), 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 |
|
| 2014-10-30 | Appeal perfected for hearing | |
| 2014-10-29 | Notice of appearance, Michael Dineen and Carlos Rippell will be present at the hearing. | Sidney Charles |
| 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, Joint with 35678, Completed on: 2014-10-24 | Canadian Association for Community Living |
| 2014-10-24 | Intervener's factum, Joint with 35678, Completed on: 2014-10-24 | Canadian Association for Community Living |
| 2014-10-24 | Intervener's book of authorities, Joint with 25678, Completed on: 2014-10-24 | Pivot Legal Society |
| 2014-10-24 | Intervener's factum, Joint with 35678, Completed on: 2014-10-24 | Pivot Legal Society |
| 2014-10-24 | Intervener's book of authorities, Joint with 35678 (2 volumes), Completed on: 2014-10-24 | Attorney General of Alberta |
| 2014-10-24 | Intervener's factum - AG on constitutional question, Joint with 35678, Completed on: 2014-10-24 | Attorney General of Alberta |
| 2014-10-24 | Intervener's book of authorities, Joint with 35678, Completed on: 2014-10-24 | British Columbia Civil Liberties Association |
| 2014-10-24 | Intervener's factum, Joint with 35678, 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 |
| 2014-10-23 | Intervener's factum - AG on constitutional question, Joint with 35678, Completed on: 2014-10-23 | Attorney General of Quebec |
| 2014-10-23 | Intervener's book of authorities, Joint with 35678, Completed on: 2014-10-23 | Attorney General of British Columbia |
| 2014-10-23 | Intervener's factum - AG on constitutional question, Joint with 35678, Completed on: 2014-10-23 | Attorney General of British Columbia |
| 2014-10-23 | Intervener's book of authorities, Joint with 35678, Completed on: 2014-10-23 | Attorney General of Quebec |
| 2014-10-20 | Notice of appearance, Julie Dassylva and Gilles Laporte will be present at the hearing. | Attorney General of Quebec |
| 2014-10-17 | Respondent's book of authorities, Completed on: 2014-10-17 | Sidney Charles |
| 2014-10-17 | Respondent's factum, Completed on: 2014-10-20 | Sidney Charles |
| 2014-10-10 | Notice of withdrawal, of intervention respecting constitutional questions (Letter Form) | Attorney General of Nova Scotia |
| 2014-09-29 | Order on motion for leave to intervene, (By KARAKATSANIS J.) | |
| 2014-09-29 |
Decision on the motion for leave to intervene, 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 | |
| 2014-09-19 | Reply to the motion for leave to intervene, Joint with 35678, Completed on: 2014-09-19, (Electronic version filed on 2014-09-19) | Canadian Civil Liberties Association |
| 2014-09-18 | Reply to the motion for leave to intervene, Completed on: 2014-09-18 | Canadian Association for Community Living |
| 2014-09-17 | Response to the motion for leave to intervene, (Letter Form), to CACL, Completed on: 2014-09-17 | Sidney Charles |
| 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 |
| 2014-09-17 | Response to the motion for leave to intervene, to BCCLA, CCLA & Pivot Legal Society , Completed on: 2014-09-17 | Sidney Charles |
| 2014-09-15 | Notice of appearance, Edward D. Delaney, Q.C. and Jennifer A. McLellan will be present at the hearing. Ms. McLellan will make 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 | Motion for leave to intervene, (Book Form), Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) | British Columbia Civil Liberties Association |
| 2014-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) | Canadian Civil Liberties Association |
| 2014-09-10 | Motion for leave to intervene, (Book Form), Joint with 35678, 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 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 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), Completed on: 2014-08-22 | Her Majesty the Queen |
| 2014-08-22 | Appellant's factum, (Book Form), Completed on: 2014-08-22, (Printed version filed on 2014-08-22) | Her Majesty the Queen |
| 2014-08-22 | Appellant's book of authorities, (Book Form), 2 volumes, Completed on: 2014-08-22, (Electronic version filed on 2014-08-22) | Attorney General of Canada |
| 2014-08-22 | Appellant's factum, (Book Form), Service missing (rec'd 2014-09-05), Completed on: 2014-09-05, (Electronic version filed on 2014-08-22) | Attorney General of Canada |
| 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 |
| 2014-06-26 | 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, Her Majesty the Queen, 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)(ii) 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)(a)(ii) 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 | |
| 2014-05-26 | Correspondence received from, Michael Dineen by e-mail, re: constitutional questions | Sidney Charles |
| 2014-05-21 | Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-21, (Printed version filed on 2014-05-21) | Attorney General of Canada |
| 2014-05-20 | Reply to the motion to state a constitutional question, (Letter Form), Completed on: 2014-05-20 | Her Majesty the Queen |
| 2014-05-15 | Response to the motion to state a constitutional question, (Letter Form), Consents, Completed on: 2014-05-15, (Electronic version filed on 2014-05-15) | Sidney Charles |
| 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) | Her Majesty the Queen |
| 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 C54111, 2013 ONCA 681, dated November 12, 2013, are granted. The request for an order pursuant to s. 694.1 of the Criminal Code is dismissed. Granted |
|
| 2014-03-17 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2014-02-24 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a formal response, Completed on: 2014-02-24, (Electronic version filed on 2014-02-24) | Sidney Charles |
| 2014-01-17 | Letter acknowledging receipt of an incomplete application for leave to appeal, (2nd APPLICATION) | |
| 2014-01-16 | Letter acknowledging receipt of an incomplete application for leave to appeal, (1st APPLICATION) | |
| 2014-01-10 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-01-10) | Attorney General of Canada |
| 2014-01-10 | Application for leave to appeal, (Book Form), (2 nd APPLICATION) Lower Court Decision rec' d 2014/01/20 and joint with 35678, 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 |
|---|---|---|
| Charles, Sidney | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Charles, Sidney | 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 |
| Canadian Civil Liberties Association | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Canadian Association for Community Living | Intervener | Active |
Counsel
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: 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: Charles, Sidney
Counsel
Michael Dineen
Carlos Rippell
Carlos Rippell
Dawe & Dineen
101-171 John Street
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5059
FAX: (416) 352-7733
Email: mdineen@dawedineen.com
101-171 John Street
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5059
FAX: (416) 352-7733
Email: mdineen@dawedineen.com
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
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: 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: 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: 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: Canadian Association for Community Living
Counsel
Joanna L. Birenbaum
Susan Chapman
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
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
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
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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)(ii) 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)(a)(ii) 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 2008, the police seized a loaded semi-automatic handgun and ammunition from the Respondent’s room at a boarding house. He did not have a licence to possess the prohibited firearm, nor was the gun registered. The serial number on the gun had been removed. 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, and to other offences including possession of a firearm and ammunition while subject to a prohibition order, but challenged the five-year mandatory minimum sentencing regime under s. 95(2)(a)(ii) of the Criminal Code. The Respondent had a criminal record, which included two convictions in the prior ten years for predicate offences listed in s. 84(5) that trigger the increased mandatory minimum prison sentence in s. 95(2)(a)(ii).
Lower court rulings
December 13, 2010
Ontario Superior Court of Justice
095-09, 2010 ONSC 5437
Ontario Superior Court of Justice
095-09, 2010 ONSC 5437
Respondent’s motion challenging constitutionality of s. 95(2)(a)(ii) of the Criminal Code dismissed.
November 12, 2013
Court of Appeal for Ontario
2013 ONCA 681, C54111
Court of Appeal for Ontario
2013 ONCA 681, C54111
Section 95(2)(a)(ii) of the Criminal Code declared of no force and effect as contrary to s. 12 of the Charter to the extent that it imposes a mandatory five-year minimum term of imprisonment for a second or subsequent offence when Crown proceeds by indictment.
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Date modified: 2025-02-27