Case information
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38304
Landon Williams 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) |
|---|---|---|
| 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 C58775, 2018 ONCA 534, dated June 11, 2018, heard on October 11, 2019, is allowed, the convictions entered by the Court of Appeal are set aside and the stay of proceedings entered by Trotter J. is reinstated. Wagner C.J. and Moldaver, Côté and Rowe JJ. dissent. Allowed |
|
| 2019-10-21 |
Transcript received, 128 pages Joint with 38165. |
|
| 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 |
Respondent's condensed book, (Book Form), Submittted in Court (14 copies). Joint with 38165. |
Her Majesty the Queen |
| 2019-10-11 |
Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Joint with 38165. |
Landon Williams |
| 2019-10-08 | Correspondence received from, (Letter Form), 3 reserved seats requested. | Landon Williams |
| 2019-10-07 | Notice of appearance, (Letter Form), Alison M. Latimer will appear before the court, and will present oral arguments. | Independent Criminal Defence Advocacy Society |
| 2019-10-01 |
Correspondence received from, (Letter Form), Joint with 38165. 4 reserved seats requested. |
Her Majesty the Queen |
| 2019-09-26 |
Notice of appearance, (Letter Form), Owen Goddard and Janani Shanmuganathan will appear before the court, and they will both present oral arguments. |
Landon Williams |
| 2019-09-25 | Notice of appearance, (Letter Form), Joint with 38165 - 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, (Letter Form), Joint with 38165 - 3 reserved seats requested. | Her Majesty the Queen |
| 2019-09-23 |
Notice of appearance, (Letter Form), Joint with 38165 - 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 |
| 2019-08-07 | 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 appellant’s record, factum and book of authorities, if any, shall be served and filed on or before March 7, 2019. b) 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 March 28, 2019. c) The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before April 4, 2019. d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 9, 2019. e) 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 9, 2019. f) 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 38165) | 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 | British Columbia Civil Liberties Association |
| 2019-05-22 | Motion to adjourn the hearing of the appeal, (Book Form), (join with 38165), Completed on: 2019-05-22, (Printed version due on 2019-05-29) | Her Majesty the Queen |
| 2019-05-21 | Correspondence received from, (Letter Form), 3 reserved seats requested. | Landon Williams |
| 2019-05-21 |
Correspondence received from, (Letter Form), Joint with 38165 - 2 reserved seats requested. |
Her Majesty the Queen |
| 2019-05-16 | Notice of appearance, (Letter Form), Gregory DelBigio, Q.C. and Alison M. Latimer will appear before the court. Mr. DelBigio will present oral arguments. | Independent Criminal Defence Advocacy Society |
| 2019-05-16 |
Notice of appearance, (Letter Form), Joint with 38165 - 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 |
| 2019-05-13 | Intervener's book of authorities, (Book Form), Completed on: 2019-05-13 | Independent Criminal Defence Advocacy Society |
| 2019-05-13 | Intervener's factum, (Book Form), Completed on: 2019-05-13 | Independent Criminal Defence Advocacy Society |
| 2019-05-13 | Intervener's factum, (Book Form), Joint with 38165., Completed on: 2019-05-13 | British Columbia Civil Liberties Association |
| 2019-05-08 | Appeal perfected for hearing | |
| 2019-05-07 |
Notice of appearance, (Letter Form), Owen Goddard and Janani Shanmuganathan will appear before the court, both will present oral arguments. |
Landon Williams |
| 2019-05-07 |
Notice of appearance, (Letter Form), Joint with 38165 - 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 38165., 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 | |
| 2019-04-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-03 | Her Majesty the Queen |
| 2019-04-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-04-03 | Landon Williams |
| 2019-03-28 | Notice of name, (Letter Form) | Independent Criminal Defence Advocacy Society |
| 2019-03-28 | Motion for leave to intervene, (Book Form), Completed on: 2019-03-28 | Independent Criminal Defence Advocacy Society |
| 2019-03-28 | Notice of name, (Letter Form), (join with 38165) | British Columbia Civil Liberties Association |
| 2019-03-28 | Motion for leave to intervene, (Book Form), (join with 38165), Completed on: 2019-03-28 | British Columbia Civil Liberties Association |
| 2019-03-11 | Correspondence received from, (Letter Form), Response to the appellant's request for additional speaking time. | Her Majesty the Queen |
| 2019-03-07 | Certificate of counsel (attesting to record), (Letter Form) | Landon Williams |
| 2019-03-07 | Appellant's book of authorities, (Book Form), Completed on: 2019-03-07 | Landon Williams |
| 2019-03-07 | Appellant's record, (Book Form), (2 volumes), Completed on: 2019-03-07 | Landon Williams |
| 2019-03-07 | Appellant's factum, (Book Form), Completed on: 2019-03-07 | Landon Williams |
| 2019-03-06 | Correspondence received from, (Letter Form), Request for additional oral speaking time at tthe hearing of the appeal. | Landon Williams |
| 2019-03-05 | Notice of hearing sent to parties | |
| 2019-01-30 | Correspondence (sent by the Court) to, the parties. Tentatively scheduled for May 23, 2019. | |
| 2019-01-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-01-16 | Judgment on leave sent to the parties | |
| 2019-01-10 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application., The motion for an extension of time to serve and file the notice of appeal is granted. The motion for an extension of time to serve and file the motion to quash is granted. The motion to quash and the motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Numbers C58775 and C59313, 2018 ONCA 534, dated June 11, 2018, are dismissed. The appeal will be heard with Javid Ahmad v. Her Majesty the Queen (38165). The schedule for serving and filing the materials for the appeal as of right will be set by the Registrar. Dismissed |
|
| 2019-01-10 |
Decision on the motion to quash the appeal, See judgment on application. Dismissed |
|
| 2019-01-10 |
Decision on motion to extend time, See judgment on application. Granted |
|
| 2019-01-10 |
Decision on motion to extend time to serve and/or file notice of appeal, See judgment on application. Granted |
|
| 2018-11-26 | Submission of motion to extend time, CJ Row Mar | |
| 2018-11-26 | Submission of motion to quash, CJ Row Mar | |
| 2018-11-26 | Submission of motion to extend time to serve and/or file notice of appeal submitted, CJ Row Mar | |
| 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 to file and/ or serve the leave application, for consideration by the Court | |
| 2018-11-05 | Response to the motion to quash, (Letter Form), Completed on: 2018-11-05 | Landon Williams |
| 2018-11-05 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2018-11-05 | Landon Williams |
| 2018-10-25 | Respondent's response on the application for leave to appeal, (Letter Form), Joint with 38165, 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, (Book Form), to file and serve the motion to quash and the response to the application for leave to appeal. (join with 38165), Completed on: 2018-10-25 | Her Majesty the Queen |
| 2018-10-25 | Motion to quash, (Book Form), Completed on: 2018-10-25 | Her Majesty the Queen |
| 2018-10-16 | Correspondence received from, (Letter Form), the respondent-Joint with 38165; Response will be filed late with a motion to extend time. | Her Majesty the Queen |
| 2018-09-25 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018-09-25 | |
| 2018-09-25 | Letter acknowledging receipt of a notice of appeal, Included in the Letter dated September 25, 2018. | |
| 2018-09-18 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2018-09-18 | Her Majesty the Queen |
| 2018-09-17 | Correspondence received from, (Letter Form) | Landon Williams |
| 2018-09-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2018-09-17 | Landon Williams |
| 2018-09-17 | Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), (Included in the motion to extend the time to file and or serve the application for leave to appeal), Completed on: 2018-09-17 | Landon Williams |
| 2018-09-17 | Certificate (on limitations to public access), (Letter Form) | Landon Williams |
| 2018-09-17 | Application for leave to appeal, (Book Form), Completed on: 2018-10-02 | Landon Williams |
| 2018-09-17 | Notice of appeal, Filing fee missing, Incomplete | Landon Williams |
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 |
|---|---|---|
| Williams, Landon | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| British Columbia Civil Liberties Association | Intervener | Active |
| Independent Criminal Defence Advocacy Society | Intervener | Active |
Counsel
Party: Williams, Landon
Counsel
Janani Shanmuganathan
55 University Avenue
Suite 1100
Toronto, Ontario
M5J 2H7
Telephone: (647) 525-7451
FAX: (647) 846-7733
Email: owen@gnllp.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
David Quayat
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
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
Kate Oja
1200 - 1111 Melville Street
Vancouver, British Columbia
V6C 3V6
Telephone: (604) 684-0778
FAX: (604) 684-0799
Email: msandford@ritchiesandford.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Independent Criminal Defence Advocacy Society
Counsel
Gregory DelBigio, Q.C.
1512 - 808 Nelson Street
Box 12149
Vancouver, British Columbia
V6Z 2H2
Telephone: (604) 696-9828 Ext: 6
FAX: (888) 575-3281
Email: alatimer@arvayfinlay.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law - Defences - Entrapment - Dial-a-dope operations - What is the proper scope of bona fide investigations under R. v. Mack, [1988] 2 S.C.R. 903 - What are the requirements of reasonable suspicion in the context of dial-a-dope investigations?<br><br>
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.
Acting on a tip from a confidential source, the police contacted Mr. Williams, appellant, and successfully purchased crack cocaine from him on two occasions. Mr. Williams was arrested, and during a subsequent search, police found a handgun and a box of ammunition in his clothing, as well as a small amount of marijuana and two cell phones. He was charged with trafficking crack cocaine, possession of the proceeds of crime, and various firearms, ammunition and breach of recognizance offences. At trial, Mr. Williams was granted a stay of proceedings with respect to the drug-related offences on the basis of entrapment. In the trial judge’s view, the police did not have a reasonable suspicion that Mr. Williams was involved in drug trafficking when they first provided him with the opportunity to commit an offence. A stay with respect to the other charges was refused. On appeal, the Crown challenged the entrapment finding. Mr. Williams cross-appealed, arguing that the other charges should be stayed. The Court of Appeal allowed the Crown appeal and entered convictions on the drug charges. Mr. Williams’ cross-appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
1-621771, 2014 ONSC 2370
Stay of proceedings entered in respect of drug transaction charges
Ontario Superior Court of Justice
1-621771, 2014 ONSC 3005
Applicant convicted of possession of a firearm without a licence (s. 92(1) Cr. C.), possession of a firearm without a registration certificate (s. 91(1) Cr. C.), carrying a concealed weapon (s. 90(1) Cr. C.) and breach of recognizance (s. 145(3) Cr. C.); application for stay of proccedings dismissed
Court of Appeal for Ontario
C58775, C59313, 2018 ONCA 534
Appeal allowed; stay of proceedings set aside; convictions entered on drug transaction charges; matter remitted to trial court for sentencing
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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