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38165

Javid Ahmad v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)

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)
2021-03-02 Appeal closed
2020-06-01 Formal judgment sent to the registrar of the court of appeal and all parties
2020-06-01 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-05-29 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, Number C60881, 2018 ONCA 534, dated June 11, 2018, heard on October 11, 2019, is dismissed.
Dismissed
2019-10-21 Transcript received, 128 pages
Joint with 38304.
2019-10-11 Judgment reserved OR rendered with reasons to follow
2019-10-11 Hearing of the appeal, 2019-10-11, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2019-10-11 Intervener's condensed book, (Book Form), Submitted in Court (14 copies). Canadian Association of Chiefs of Police
2019-10-11 Respondent's condensed book, (Book Form), Submitted in Court (14 copies).
Joint with 38304. 		Javid Ahmad
2019-10-11 Appellant's condensed book, (Book Form), Submitted in Court (14 copies)
Joint with 38304. 		Javid Ahmad
2019-10-07 Notice of appearance, (Letter Form), Michael W. Lacy and Bryan Badali will appear before the court. Mr. Lacy will present oral arguments. Javid Ahmad
2019-10-01 Correspondence received from, (Letter Form), Joint with 38304.
4 reserved seats requested. 		Her Majesty the Queen
2019-09-26 Notice of appearance, (Letter Form), Martine Sallaberry and Norm Lipinski will appear before the court. Ms. Sallaberry will present oral arguments. Canadian Association of Chiefs of Police
2019-09-25 Notice of appearance, (Letter Form), Ingrid Grant and Daniel Goldbloom will appear before the court. Ms. Grant will present oral arguments. Criminal Lawyers' Association of Ontario
2019-09-25 Notice of appearance, (Letter Form), Joint with 38304 - Christopher Greenwood and David Quayat will appear before the court. Mr. Greenwood will present oral arguments. Her Majesty the Queen
2019-09-25 Correspondence received from, Joint with 38304 - 3 reserved seats requested. Her Majesty the Queen
2019-09-23 Notice of appearance, (Letter Form), Joint with 38304 - Marilyn Sandford, Q.C., Michael Sobkin and Kate Oja will appear before the court. Ms. Sanford will present oral arguments.
 British Columbia Civil Liberties Association
2019-08-13 Notice of hearing sent to parties
2019-07-31 Appeal hearing scheduled, 2019-10-11, (previously scheduled for May 23, 2019)

The schedule for serving and filing the material is set as follows:

a) The notice of appeal shall be served and filed on or before February 11, 2019.

b) The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before March 25, 2019.

c) 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 April 12, 2019.

d) The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before April 16, 2019.

e) Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 18, 2019.

f) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before May 13, 2019.

g) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before May 3, 2019.
Judgment reserved
2019-06-11 Correspondence (sent by the Court) to, the parties. The hearing of this appeal is tentatively scheduled for October 11, 2019.
2019-06-11 Correspondence received from, (Letter Form), Erika Buhrmann. (join with 38304) Her Majesty the Queen
2019-05-22 Order on motion to adjourn the hearing of the appeal, by WAGNER C.J.
2019-05-22 Decision on motion to adjourn the hearing of the appeal, CJ,
UPON APPLICATION by the respondent, Her Majesty the Queen, for an adjournment of the hearing scheduled for May 23, 2019, pursuant to Rule 7 of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the appellants;
IT IS HEREBY ORDERED THAT:
The motion is granted and the hearing of the appeals is adjourned.
The Registrar shall fix a new hearing date.
Granted
2019-05-22 Submission of motion to adjourn the hearing of the appeal, CJ
2019-05-22 Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2019-05-22 Canadian Association of Chiefs of Police
2019-05-22 Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2019-05-22 British Columbia Civil Liberties Association
2019-05-22 Motion to adjourn the hearing of the appeal, (Book Form), (join with 38304), Completed on: 2019-05-22, (Printed version due on 2019-05-29) Her Majesty the Queen
2019-05-21 Correspondence received from, (Letter Form), Joint with 38304 - 2 reserved seats requested.
 Her Majesty the Queen
2019-05-16 Notice of appearance, (Letter Form), Joint with 38304 - Marilyn Sandford, Q.C., Michael Sobkin and Kate Oja will appear before the court. Ms. Sanford will present oral arguments.
 British Columbia Civil Liberties Association
2019-05-14 Notice of appearance, (Letter Form), Ingrid Grant, Daniel Goldbloom and Jeff Marchman will appear before the court. Ms. Grant will present oral arguments.
 Criminal Lawyers' Association of Ontario
2019-05-13 Intervener's factum, (Book Form), Completed on: 2019-05-13 Canadian Association of Chiefs of Police
2019-05-13 Intervener's book of authorities, (Book Form), Completed on: 2019-05-13 Criminal Lawyers' Association of Ontario
2019-05-13 Intervener's factum, (Book Form), Completed on: 2019-05-13 Criminal Lawyers' Association of Ontario
2019-05-13 Intervener's factum, (Book Form), Joint with 38304., Completed on: 2019-05-13 British Columbia Civil Liberties Association
2019-05-09 Notice of appearance, (Letter Form), Michael Lacy and Bryan Badali will appear before the court. Mr. Lacy will present oral arguments.
 Javid Ahmad
2019-05-08 Notice of appearance, (Letter Form), Martine Sallaberry and Deputy Chief Norm Lipinski will appear before the court. Ms. Sallaberry will present oral arguments.
 Canadian Association of Chiefs of Police
2019-05-08 Appeal perfected for hearing
2019-05-07 Notice of appearance, (Letter Form), Joint with 38304 - Nick Devlin and David Quayat will appear before the court. Mr. Devlin will present oral arguments.
 Her Majesty the Queen
2019-05-03 Respondent's factum, (Book Form), Joint with 38304., Completed on: 2019-05-03 Her Majesty the Queen
2019-04-24 Order on motion for leave to intervene, by ABELLA J.
2019-04-24 Decision on the motion for leave to intervene, Abe,
UPON APPLICATION by the British Columbia Civil Liberties Association for leave to intervene in the above appeals;
AND UPON APPLICATION by the Criminal Lawyers’ Association of Ontario and the Canadian Association of Chiefs of Police for leave to intervene in the appeal Javid Ahmad v. Her Majesty the Queen (38165);
AND UPON APPLICATION by the Independent Criminal Defence Advocacy Society for leave to intervene in the appeal Landon Williams v. Her Majesty the Queen (38304);
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said four (4) interveners shall be entitled to each serve and file a single factum not exceeding ten (10) pages in length on or before May 13, 2019.
The said four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals.
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 respondent any additional disbursements resulting from their interventions.
Granted
2019-04-24 Submission of motion for leave to intervene, Abe
2019-04-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-16 Her Majesty the Queen
2019-04-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-16 Javid Ahmad
2019-04-15 Notice of name, (Letter Form) Canadian Association of Chiefs of Police
2019-04-12 Motion for leave to intervene, (Book Form), Form 14 missing (received 2019-04-15), Completed on: 2019-04-15 Canadian Association of Chiefs of Police
2019-04-11 Motion for leave to intervene, (Book Form), Payment missing (received 2019-04-17)., Completed on: 2019-04-18 Criminal Lawyers' Association of Ontario
2019-04-02 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-02 Javid Ahmad
2019-03-28 Notice of name, (Letter Form), (join with 38304) British Columbia Civil Liberties Association
2019-03-28 Motion for leave to intervene, (Book Form), (join with 38304), Completed on: 2019-03-28 British Columbia Civil Liberties Association
2019-03-25 Certificate of counsel (attesting to record), (Letter Form) Javid Ahmad
2019-03-25 Appellant's book of authorities, (Book Form), Completed on: 2019-03-25 Javid Ahmad
2019-03-25 Appellant's record, (Book Form), (2 volumes), Completed on: 2019-03-25 Javid Ahmad
2019-03-25 Appellant's factum, (Book Form), Completed on: 2019-03-25 Javid Ahmad
2019-03-05 Notice of hearing sent to parties
2019-02-06 Notice of appeal, (Letter Form), Completed on: 2019-02-06 Javid Ahmad
2019-01-30 Correspondence (sent by the Court) to, the parties. Tentatively scheduled for May 23, 2019.
2019-01-11 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-01-11 Judgment on leave sent to the parties
2019-01-10 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C60881, 2018 ONCA 534, dated June 11, 2018, is granted and the scope of the appeal is limited to the entrapment issue.

The appeal will be heard with Landon Williams v. Her Majesty the Queen (38304). The schedule for serving and filing materials will be set by the Registrar.

Granted
2019-01-10 Decision on motion to extend time, See judgment on application.
Granted
2018-11-26 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-11-26 Submission of motion to extend time, for consideration by the Court
2018-11-01 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-11-01 Javid Ahmad
2018-10-25 Respondent's response on the application for leave to appeal, (Letter Form), Joint with 38304, Completed on: 2018-10-25 Her Majesty the Queen
2018-10-25 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2018-10-25 Motion to extend time, (Letter Form), to file and serve the response. (join with 38304), Completed on: 2018-10-25 Her Majesty the Queen
2018-10-16 Correspondence received from, (Letter Form), the respondent-Joint with 38304; Response will be filed late with a motion to extend time. Her Majesty the Queen
2018-09-20 Correspondence received from, (Letter Form), Request to have this file considered with 38304-Williams v. R Javid Ahmad
2018-09-10 Letter acknowledging receipt of a complete application for leave to appeal
2018-09-10 Certificate (on limitations to public access), (Letter Form) Javid Ahmad
2018-09-10 Application for leave to appeal, (Book Form), CA Order rec'd 2018/09/12, Completed on: 2018-09-12 Javid Ahmad
2018-06-19 Letter acknowledging receipt of a notice of application for leave to appeal
2018-06-13 Certificate (on limitations to public access), (Letter Form) Javid Ahmad
2018-06-13 Notice of application for leave to appeal, (Letter Form), Completed on: 2018-06-13 Javid Ahmad

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

Main parties - Appellants
Name Role Status
Ahmad, Javid Appellant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Other parties

Other parties
Name Role Status
British Columbia Civil Liberties Association Intervener Active
Criminal Lawyers' Association of Ontario Intervener Active
Canadian Association of Chiefs of Police Intervener Active

Counsel

Party: Ahmad, Javid

Counsel
Michael W. Lacy
Bryan Badali
Brauti Thorning Zibarras LLP
161 Bay St., Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 362-4567
FAX: (416) 362-8410
Email: mlacy@btzlaw.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

Party: Her Majesty the Queen

Counsel
Christopher Greenwood
David Quayat
Public Prosecution Service of Canada
900-840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-0704
FAX: (604) 666-1599
Email: chris.greenwood@ppsc-sppc.gc.ca
Agent
François Lacasse
Public Prosecution Service of Canada
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: British Columbia Civil Liberties Association

Counsel
Marilyn E. Sandford, Q.C.
Kate Oja
Ritchie Sandford McGowan
1200 - 1111 Melville Street
Vancouver, British Columbia
V6C 3V6
Telephone: (604) 684-0778
FAX: (604) 684-0799
Email: msandford@ritchiesandford.ca
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Criminal Lawyers' Association of Ontario

Counsel
Ingrid Grant
Daniel Goldbloom
Grant & Marshman LLP
116 Simcoe Street
Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 977-5334
FAX: (416) 596-2597
Email: igrant@simcoechambers.com
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: Canadian Association of Chiefs of Police

Counsel
Martine Sallaberry
Edmonton Police Service
Legal Advisers Section
9620 103 A Ave. NW
Edmonton, Alberta
T5H 0H7
Telephone: (780) 421-3347
FAX: (780) 421-2867
Email: martine.sallaberry@edmontonpolice.ca
Agent
Lynda A. Bordeleau
Perley-Robertson, Hill & McDougall
1400 - 340 Albert Street
Ottawa, Ontario
K1R 0A5
Telephone: (613) 238-2022
FAX: (613) 238-8775
Email: lbordeleau@perlaw.ca

Summary

Keywords

Criminal law - Defences - Entrapment - Dial-a-dope schemes - Whether the defence of entrapment was made out in the circumstances of this case - Application of R. v. Mack, [1988] 2 S.C.R. 903, and R. v. Barnes, [1991] 1 S.C.R. 449.

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.

In 2012, the police received a tip from a tipster unknown to them, that a person called “Romeo” would answer the cell phone at the number provided and sell drugs. Without further investigation, an undercover officer called the number and Mr. Ahmad answered. After a quick exchange, and after calling the undercover officer back, Mr. Ahmad and the officer agreed on a price and a time and place to meet. The drugs were sold and Mr. Ahmad was arrested. At trial, Mr. Ahmad conceded that if he was found to be in possession, then he was in possession of the drugs for the purpose of trafficking, and he conceded that the drug was cocaine. The only issue to be decided was whether he had knowledge and control of the drugs. On that issue, Mr. Ahmad implied in his testimony that it was a friend of his, not he, who had sold the drugs to the undercover officer. The trial judge did not find Mr. Ahmad credible, and she found him guilty as charged. Mr. Ahmad then applied for a stay of proceedings on the basis of entrapment. The application judge refused to grant a stay on the basis that the police officer had acquired the requisite reasonable suspicion at the time Mr. Ahmad said “What do you need?” In her view, the conversation up until that point constituted legitimate investigative steps and had not reached the point of an opportunity to commit an offence. The Court of Appeal dismissed the appeal. It agreed that the defence of entrapment had not been made out, and that the trial judge had not erred in her credibility analysis by using Mr. Ahmad’s silence against him and by making inconsistent findings of fact

Lower court rulings

June 25, 2014
Ontario Superior Court of Justice

2014 ONSC 3818, CR-13-90000334-0000

Applicant convicted of possession of cocaine for the purpose of trafficking and possession of proceeds of crime
March 13, 2015
Ontario Superior Court of Justice

2015 ONSC 652, CR-13-90000334-0000

Application for stay of proceedings dismissed
August 25, 2015
Ontario Superior Court of Justice

2015 ONSC 4269, CR-13-90000334-0000

See file
June 11, 2018
Court of Appeal for Ontario

C60881, 2018 ONCA 534

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.

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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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Date modified: 2025-02-27