Case information

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)
2019-06-11	Appeal closed
2019-06-03	Formal judgment sent to the registrar of the court of appeal and all parties
2019-06-03	Judgment on appeal and notice of deposit of judgment sent to all parties
2019-05-31	Judgment on the appeal rendered, CJ Mo Ka Br Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C61115, 2018 ONCA 56, dated January 25, 2018, heard on October 12, 2018, is allowed. The evidence is excluded, the convictions are set aside and acquittals are entered. Wagner C.J. and Moldaver J. dissent. Allowed
2018-10-26	Transcript received, 103 pages
2018-10-12	Judgment reserved OR rendered with reasons to follow
2018-10-12	Hearing of the appeal, 2018-10-12, CJ Mo Ka Br Mar Judgment reserved
2018-10-12	Intervener's condensed book, (Book Form), Submitted in Court (14 copies)	Canadian Civil Liberties Association
2018-10-12	Intervener's condensed book, (Book Form), Submitted in Court (14 copies)	Criminal Lawyers’ Association of Ontario
2018-10-12	Respondent's condensed book, (Book Form), Submitted in Court (14 copies)	Her Majesty the Queen
2018-10-12	Appellant's condensed book, (Book Form), Submitted in Court (14 copies)	Tom Le
2018-10-02	Notice of appearance, (Letter Form), Counsels for both interveners will not attend the hearing.	Canada Without Poverty, the Canadian Mental Health Association Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc.
2018-09-27	Correspondence received from, (Letter Form), Request for one (1) reserved seat in the public gallery.	Canadian Civil Liberties Association
2018-09-27	Notice of appearance, (Letter Form), Ms. Kate Robertson, Ms. Danielle Glatt and Mr. Sean Lewis will be present. Ms. Robertson will be make oral submissions.	Canadian Civil Liberties Association
2018-09-13	Correspondence received from, (Included in the notice of appearance), Request for two (2) reserved seats in the public gallery.	Justice for Children and Youth
2018-09-13	Notice of appearance, (Letter Form), Ms. Mary Birdsell and Ms. Jane Stewart will be present.	Justice for Children and Youth
2018-09-11	Notice of appearance, (Letter Form), Ms. Tina Lie will be present and will be making the oral submissions.	Scadding Court Community Centre
2018-09-07	Notice of appearance, (Letter Form), Mr. Faisal Mirza and Mr. Yavar Hameed will be present. Mr. Mirza will be presenting the oral argument.	Canadian Muslim Lawyers Association
2018-09-06	Notice of appearance, (Letter Form), Ms. Janna Hyman and Ms. Carole Sheppard will be present. Ms. Hyman will present the oral argument.	Director of Public Prosecutions
2018-09-05	Notice of appearance, (Letter Form), Ms. Emily Lam and Ms. Samara Secter will be present. Both counsels will present oral arguments.	Tom Le
2018-09-05	Notice of appearance, (Letter Form), Mr. Jonathan Dawe and Mr. Sherif M. Foda will be present. Mr. Dawe will present the oral argument.	Criminal Lawyers’ Association of Ontario
2018-09-04	Notice of appearance, (Letter Form), Ms.Lindsay Board, Ms. Avvy Yao-Yao Go and Mr. Gerald Chan will be present. Mr. Chan will be delivering oral submissions.	Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic
2018-08-31	Notice of appearance, (Letter Form), Sandy Tse and Amy Rose will be present at the hearing. Ms. Tse will present oral arguments.	Her Majesty the Queen
2018-08-31	Correspondence received from, (Letter Form), New contact information (new law firm) for Emily Lam, co-counsel for the Appellant.	Tom Le
2018-08-23	Correspondence received from, (Letter Form), the respondent; Response to request for oral speaking time. Original rec'd 2018/08/24	Her Majesty the Queen
2018-08-22	Correspondence received from, (Letter Form), the appellant; Request for 1 hour time for oral argument	Tom Le
2018-08-21	Intervener's factum, (Book Form), Completed on: 2018-08-21	Scadding Court Community Centre
2018-08-21	Intervener's factum, (Book Form), Completed on: 2018-08-21	Canadian Muslim Lawyers Association
2018-08-21	Intervener's book of authorities, (Book Form), Completed on: 2018-08-21	Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic
2018-08-21	Intervener's factum, (Book Form), Completed on: 2018-08-21	Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic
2018-08-21	Intervener's book of authorities, (Book Form), Completed on: 2018-08-21	Canada Without Poverty, the Canadian Mental Health Association Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc.
2018-08-21	Intervener's factum, (Book Form), Completed on: 2018-08-21	Canada Without Poverty, the Canadian Mental Health Association Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc.
2018-08-21	Intervener's book of authorities, (Book Form), Completed on: 2018-08-21	Canadian Civil Liberties Association
2018-08-21	Intervener's factum, (Book Form), Completed on: 2018-08-21	Canadian Civil Liberties Association
2018-08-21	Intervener's book of authorities, (Book Form), Completed on: 2018-08-21	Justice for Children and Youth
2018-08-21	Intervener's factum, (Book Form), Completed on: 2018-08-21	Justice for Children and Youth
2018-08-21	Intervener's book of authorities, (Book Form), Completed on: 2018-08-21	Urban Alliance on Race Relations
2018-08-21	Intervener's factum, (Book Form), Completed on: 2018-08-21	Urban Alliance on Race Relations
2018-08-21	Intervener's book of authorities, (Book Form), Completed on: 2018-08-21	Director of Public Prosecutions
2018-08-21	Intervener's factum, (Book Form), service to come-rec'd 2018/08/21, Completed on: 2018-08-22	Director of Public Prosecutions
2018-08-21	Notice of hearing sent to parties
2018-08-20	Intervener's factum, (Book Form), Completed on: 2018-08-20	Criminal Lawyers’ Association of Ontario
2018-08-20	Appeal hearing scheduled, 2018-10-12 Judgment reserved
2018-07-10	Order on motion for leave to intervene, (by ABELLA J.)
2018-07-10	Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Director of Public Prosecutions; the Criminal Lawyers’ Association of Ontario; the Canadian Muslim Lawyers Association; the Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic (jointly); Canada Without Poverty, the Canadian Mental Health Association, Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc. (jointly); the Canadian Civil Liberties Association; Scadding Court Community Centre; Justice for Children and Youth; and the Urban Alliance on Race Relations, for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said nine (9) interveners or groups of interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before August 21, 2018. The Director of Public Prosecutions; the Criminal Lawyers’ Association of Ontario; the Canadian Muslim Lawyers Association; the Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic (jointly); the Canadian Civil Liberties Association; and Scadding Court Community Centre are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners or groups of 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 or groups of interveners shall pay to the appellant and respondent any additional disbursements resulting from their interventions. Granted
2018-07-10	Submission of motion for leave to intervene, Abe
2018-06-26	Appeal perfected for hearing
2018-06-14	Certificate (on limitations to public access), (Letter Form)	Her Majesty the Queen
2018-06-14	Respondent's book of authorities, (Book Form), Completed on: 2018-06-14	Her Majesty the Queen
2018-06-14	Respondent's factum, (Book Form), Completed on: 2018-06-14	Her Majesty the Queen
2018-06-04	Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-06-04	Justice for Children and Youth
2018-06-04	Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-06-04	Canadian Civil Liberties Association
2018-06-04	Reply to the motion for leave to intervene, (Letter Form), (original copy filed on June 8, 2018), Completed on: 2018-06-04	Canada Without Poverty, the Canadian Mental Health Association Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc.
2018-06-04	Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-06-04	Scadding Court Community Centre
2018-05-31	Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-05-31	Criminal Lawyers’ Association of Ontario
2018-05-28	Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-05-28	Her Majesty the Queen
2018-05-28	Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-05-28	Tom Le
2018-05-24	Certificate (on limitations to public access), (Letter Form)	Urban Alliance on Race Relations
2018-05-24	Notice of name, (Letter Form)	Urban Alliance on Race Relations
2018-05-18	Motion for leave to intervene, (Book Form), (4 volumes), fees rec'd 2018/05/24., Completed on: 2018-05-24, (Printed version filed on 2018-05-24)	Urban Alliance on Race Relations
2018-05-18	Notice of name, (Letter Form)	Justice for Children and Youth
2018-05-18	Motion for leave to intervene, (Book Form), Completed on: 2018-05-18	Justice for Children and Youth
2018-05-18	Certificate (on limitations to public access), (Letter Form)	Scadding Court Community Centre
2018-05-18	Notice of name, (Letter Form)	Scadding Court Community Centre
2018-05-18	Motion for leave to intervene, (Book Form), Completed on: 2018-05-18	Scadding Court Community Centre
2018-05-18	Notice of name, (Letter Form)	Canadian Civil Liberties Association
2018-05-18	Motion for leave to intervene, (Book Form), Completed on: 2018-05-18	Canadian Civil Liberties Association
2018-05-17	Notice of name, (Letter Form)	Canada Without Poverty, the Canadian Mental Health Association Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc.
2018-05-17	Certificate (on limitations to public access), (Letter Form)	Canada Without Poverty, the Canadian Mental Health Association Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc.
2018-05-17	Motion for leave to intervene, (Book Form), Completed on: 2018-05-17	Canada Without Poverty, the Canadian Mental Health Association Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc.
2018-05-17	Certificate (on limitations to public access), (Letter Form)	Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic
2018-05-17	Notice of name, (Letter Form)	Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic
2018-05-17	Motion for leave to intervene, (Book Form), Completed on: 2018-05-18	Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic
2018-05-16	Notice of name, (Letter Form)	Canadian Muslim Lawyers Association
2018-05-16	Motion for leave to intervene, (Letter Form), Completed on: 2018-05-16	Canadian Muslim Lawyers Association
2018-05-16	Motion for leave to intervene, (Letter Form), Completed on: 2018-05-16	Director of Public Prosecutions
2018-05-10	Notice of name, (Letter Form)	Criminal Lawyers’ Association of Ontario
2018-05-10	Motion for leave to intervene, (Letter Form), Completed on: 2018-05-10	Criminal Lawyers’ Association of Ontario
2018-04-20	Certificate of counsel (attesting to record), (Letter Form)	Tom Le
2018-04-20	Appellant's book of authorities, (Book Form), Completed on: 2018-04-20	Tom Le
2018-04-20	Appellant's record, (Book Form), (4 volumes), Completed on: 2018-04-20	Tom Le
2018-04-20	Appellant's factum, (Book Form), Completed on: 2018-04-20	Tom Le
2018-03-14	Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-03-05	Letter acknowledging receipt of a notice of appeal, (FILE OPENED 2018-03--05)
2018-02-23	Certificate (on limitations to public access), (Letter Form)	Tom Le
2018-02-23	Notice of appeal, (Book Form), Completed on: 2018-02-23	Tom Le

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Le, Tom	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Her Majesty the Queen	Respondent	Active

Other parties

Other parties

Name	Role	Status
Director of Public Prosecutions	Intervener	Active
Criminal Lawyers’ Association of Ontario	Intervener	Active
Canadian Muslim Lawyers Association	Intervener	Active
Canada Without Poverty, the Canadian Mental Health Association Manitoba and Winnipeg, the Aboriginal Council of Winnipeg, Inc., and End Homelessness Winnipeg Inc.	Intervener	Active
Federation of Asian Canadian Lawyers and the Chinese and Southeast Asian Legal Clinic	Intervener	Active
Canadian Civil Liberties Association	Intervener	Active
Scadding Court Community Centre	Intervener	Active
Justice for Children and Youth	Intervener	Active
Urban Alliance on Race Relations	Intervener	Active

Counsel

Summary

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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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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Webcasts

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