Case information
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38217
Devante George-Nurse 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) |
|---|---|---|
| 2019-03-04 | Appeal closed | |
| 2019-02-22 | Transcript received, 33 pages | |
| 2019-02-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-02-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-02-15 |
Judgment on the appeal rendered, Abe Mo Ka Côt Row, The appeal from the judgment of the Court of Appeal for Ontario, Number C64222, 2018 ONCA 515, dated June 6, 2018, was heard on February 15, 2019, and the Court on that day delivered the following judgment orally: MOLDAVER J. — We agree with the majority of the Court of Appeal that the circumstantial evidence presented against the appellant established a strong case to answer. In the words of the majority, which we accept, this was the “paradigm of a case to meet, far removed from ‘no case to answer’”: para. 34. That being so, it was open to the court on appeal to consider the appellant’s silence in assessing and ultimately rejecting his unreasonable verdict argument: see R. v. Noble, [1997] 1 S.C.R. 874, at para. 103. In so concluding, we note that the trial judge made it clear to the jury, on numerous occasions, that it could not consider the appellant’s failure to testify as a makeweight for the Crown’s case. In this regard, we do not endorse paras. 32 and 36 of the majority’s reasons, to the extent they may be taken as suggesting otherwise. In the result, we would dismiss the appeal. Dismissed |
|
| 2019-02-15 | Respondent's condensed book, (Book Form), 14 copies (submitted in Court) | Her Majesty the Queen |
| 2019-02-15 | Appellant's condensed book, (Book Form), 14 copies (submitted in Court) | Devante George-Nurse |
| 2019-02-15 |
Hearing of the appeal, 2019-02-15, Abe Mo Ka Côt Row Judgment rendered |
|
| 2019-02-11 | Notice of appearance, (Letter Form), AMENDED: Michael Dineen will appear and will present oral arguments. | Criminal Lawyers' Association of Ontario |
| 2019-02-05 | Notice of appearance, (Letter Form), Brian Snell will be present at the hearing and will present oral arguments. | Devante George-Nurse |
| 2019-01-31 | Notice of appearance, (Letter Form), R. Philip Campbell and Michael Dineen will be present at the hearing. Mr. Campbell will present oral arguments. | Criminal Lawyers' Association of Ontario |
| 2019-01-29 | Notice of appearance, (Letter Form), Leslie Paine will be present and will present oral arguments. | Her Majesty the Queen |
| 2019-01-21 | Reply factum on appeal, (Book Form), Completed on: 2019-01-21 | Her Majesty the Queen |
| 2019-01-14 | Intervener's factum, (Book Form), Completed on: 2019-01-14 | Criminal Lawyers' Association of Ontario |
| 2018-12-07 | Notice of hearing sent to parties | |
| 2018-12-06 |
Appeal hearing scheduled, 2019-02-15 Judgment rendered |
|
| 2018-11-26 | Appeal perfected for hearing | |
| 2018-11-23 | Correspondence received from, (Letter Form), CD of surveillance which should have been included in the Respondent's Record. 2 CDs received. | Her Majesty the Queen |
| 2018-11-22 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2018-11-22 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2018-11-22 | Respondent's record, (Book Form), (2 volumes), Completed on: 2018-11-22 | Her Majesty the Queen |
| 2018-11-22 | Respondent's factum, (Book Form), Amended electronic copy rec'd 2018/11/27, Completed on: 2018-11-22 | Her Majesty the Queen |
| 2018-11-13 | Order on motion for leave to intervene, by ABELLA J. | |
| 2018-11-13 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Criminal Lawyers’ Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a factum not exceeding ten (10) pages in length on or before January 14, 2019. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The respondent is permitted to serve and file a factum not exceeding five (5) pages in reply to this intervention on or before January 21, 2019. The intervener is 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 intervener shall pay to the appellant and respondent any additional disbursements resulting from its intervention. Granted |
|
| 2018-11-13 | Submission of motion for leave to intervene, Abe | |
| 2018-11-05 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-05, (Printed version filed on 2018-11-07) | Criminal Lawyers' Association of Ontario |
| 2018-11-01 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-11-01 | Her Majesty the Queen |
| 2018-10-31 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-10-31 | Devante George-Nurse |
| 2018-10-22 | Motion for leave to intervene, (Book Form), Fees to come - rec'd., Completed on: 2018-10-23 | Criminal Lawyers' Association of Ontario |
| 2018-09-27 | Appellant's record, (Book Form), Completed on: 2018-09-27 | Devante George-Nurse |
| 2018-09-27 | Certificate of counsel (attesting to record), (Letter Form) | Devante George-Nurse |
| 2018-09-27 | Appellant's factum, (Book Form), Completed on: 2018-09-27 | Devante George-Nurse |
| 2018-09-05 | Notice of change of counsel, (Letter Form), Newly assigned counsel (Ms. Leslie Paine) on behalf of the Respondent. | Her Majesty the Queen |
| 2018-08-09 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2018-08-08 | Letter acknowledging receipt of a notice of appeal, FILE OPENED: 08-08-2018 | |
| 2018-08-03 | Certificate (on limitations to public access), (Letter Form), Form 23A | Devante George-Nurse |
| 2018-08-03 | Notice of appeal, (Letter Form), MISSING: Court of Appeal order (received 24/10/2018), Completed on: 2018-10-25 | Devante George-Nurse |
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 |
|---|---|---|
| George-Nurse, Devante | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association of Ontario | Intervener | Active |
Counsel
Party: George-Nurse, Devante
Counsel
Toronto, Ontario
M5X 1C7
Telephone: (416) 915-4206
Email: snell@briansnell.ca
Agent
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
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: Leslie.Paine@ontario.ca
Agent
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: Criminal Lawyers' Association of Ontario
Counsel
Michael Dineen
30 St. Clair Ave. West, Suite 103
Toronto, Ontario
M4V 3A1
Telephone: (416) 847-2560 Ext: 223
FAX: (416) 847-2564
Email: pcampbell@lcp-law.com
Agent
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
Summary
Keywords
Criminal law - Circumstantial evidence - Reasonable verdict - Whether the verdicts were unreasonable - Whether an inference of guilt was the only reasonable inference available - Whether the appellant’s failure to testify allowed an adverse inference to be drawn.
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.
Mr. George-Nurse, appellant, was convicted of one count of intentionally discharging a firearm while reckless as to the life or safety of another person and one count of occupying a motor vehicle while knowing there was a firearm in the vehicle. The Crown alleged that he counselled the driver of the SUV he was in to shoot at or near a particular person as retaliation for damage that had been done to his mother’s car. Mr. George-Nurse argued that the circumstantial evidence was consistent with a number of possibilities other than his having counselled the driver to shoot. On appeal, Mr. George-Nurse argued the verdicts were unreasonable. A majority of the Court of Appeal dismissed the appeal. Hourigan J.A., dissenting, would have allowed the appeal and entered acquittals.
Lower court rulings
Ontario Superior Court of Justice
CR-16-40000676, 2017 ONSC 4824
Appellant convicted of intentionally discharging a firearm while being reckless as to the life or safety of another person (244.2(1)(b) of the Criminal Code) and of unauthorized possession of a prohibited firearm in a motor vehicle (94(1) of the Criminal Code)
Court of Appeal for Ontario
C64222, 2018 ONCA 515
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
Not available