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.
37665
Omar Black v. Her Majesty the Queen
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2018-04-11 | Transcript received, 37 pages, french version included. | |
| 2018-03-16 | Appeal closed | |
| 2018-03-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-03-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-03-13 |
Judgment on the appeal rendered, CJ Ka Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C62729, 2017 ONCA 599, dated July 13, 2017, was heard on March 13, 2018, and the Court on that day delivered the following judgment orally: THE CHIEF JUSTICE — Mr. Black was convicted at trial of importing cocaine into Canada, contrary to s. 6(1) of the Controlled Drugs and Substances Act, S.C. 1996, c. 19. His appeal against conviction was dismissed by a majority of the Court of Appeal for Ontario, Justice Pardu dissenting. Mr. Black appeals to this Court as of right. We agree with Justice Pardu that the trial judge’s reasons, even when read as a whole and in the context of the trial record, fail to reveal the basis on which the trial judge concluded that the Crown had proven the mental element of the offence beyond a reasonable doubt. The reasons fail to fulfil the function of permitting effective appellate review. The appeal is therefore allowed, and a new trial is ordered. Allowed |
|
| 2018-03-13 |
Hearing of the appeal, 2018-03-13, CJ Ka Br Row Mar Judgment rendered |
|
| 2018-03-13 | Respondent's condensed book, (Book Form), 14 copies submitted in Court Room | Her Majesty the Queen |
| 2018-03-13 | Appellant's condensed book, (Book Form), 14 copies submitted in Court Room | Omar Black |
| 2018-02-28 | Notice of appearance, (Letter Form), Maija Martin and David Butt will be appearing and presenting oral argument. (revised version filed 2018-03-09) | Omar Black |
| 2018-02-27 | Notice of appearance, (Letter Form), Kevin Wilson and Sarah Egan will be appearing. Mr. Wilson will present oral argument. | Her Majesty the Queen |
| 2017-11-22 | Notice of hearing sent to parties | |
| 2017-11-22 |
Appeal hearing scheduled, 2018-03-13 Judgment rendered |
|
| 2017-11-17 | Appeal perfected for hearing | |
| 2017-11-06 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2017-11-06 | Respondent's factum, (Book Form), Completed on: 2017-11-06 | Her Majesty the Queen |
| 2017-10-12 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2017-09-18 | Certificate of counsel (attesting to record) | Omar Black |
| 2017-09-13 | Certificate (on limitations to public access) | Omar Black |
| 2017-09-13 | Appellant's record, (Book Form), (2 volumes), 20 copies of volume 1 and 2 copies of volume 2, Completed on: 2017-09-13 | Omar Black |
| 2017-09-13 | Appellant's factum, (Book Form), Completed on: 2017-09-13 | Omar Black |
| 2017-07-28 | Correspondence received from, (Letter Form), Erika Buhrmann (by email). François Lacasse is agent for the respondent. | Her Majesty the Queen |
| 2017-07-27 | Certificate (on limitations to public access), (Letter Form) | Omar Black |
| 2017-07-27 | Notice of name, (Letter Form) | Omar Black |
| 2017-07-26 | Letter acknowledging receipt of a notice of appeal, (FILE OPENED 2017-07-26) | |
| 2017-07-21 | Notice of appeal, (Book Form), Completed on: 2017-07-21 | Omar Black |
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 |
|---|---|---|
| Black, Omar | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Black, Omar
Counsel
Maija Martin
Suite 606
Toronto, Ontario
M5V 2L4
Telephone: (416) 361-9609
FAX: (416) 361-9443
Email: dbutt@barristersatlaw.ca
Agent
150 Isabella Street, Suite 305
Ottawa, Ontario
K1S 1V7
Telephone: (613) 238-6969 Ext: 2
FAX: (613) 238-9916
Email: tsemanyk@sspclaw.ca
Party: Her Majesty the Queen
Counsel
Sarah Egan
P.O. Box 36, Exchange Tower
3400 - 130 King St. W.
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-0026
FAX: (416) 973-8253
Email: kevin.wilson@justice.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law - Onus of proof - Sufficiency of reasons - Accused convicted of importing cocaine - Court of Appeal upholding conviction - Whether the trial judge erred by misstating and misapplying the onus of proof under the third step of W.(D.) - Whether the trial judge erred by failing to provide sufficient reasons on the issue of mens rea, specifically with respect to the accused’s knowledge.
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.
The appellant arrived at the Toronto airport on a flight from Antigua. After he exited the airport, an unclaimed suitcase with luggage tags in his name was taken off the luggage carousel, searched and found to contain 15 kg of cocaine. The appellant denied checking the suitcase on the flight and denied any knowledge of the drugs. The trial judge found the appellant’s testimony to be unworthy of belief and incapable of raising a reasonable doubt in the Crown’s case. He convicted the appellant of importing cocaine. The majority of the Court of Appeal dismissed the appeal. Pardu J.A., dissenting, would have allowed the appeal. He was of the view that a misstatement by the trial judge of the onus of proof under the third step of R. v. W.(D.), [1991] 1 S.C.R. 742, combined with the failure of the trial judge to make a finding of fact about whether the appellant knew about the cocaine in his suitcase, warranted a new trial.
Lower court rulings
Ontario Superior Court of Justice
CR-14-0639, 2016 ONSC 3754
Appellant convicted of importing cocaine
Court of Appeal for Ontario
C62729, 2017 ONCA 599
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
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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.
Downloadable PDFs
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