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.
40044
Emanuel Kahsai v. His Majesty The King
(Alberta) (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) |
|---|---|---|
| 2025-01-23 | Appeal closed | |
| 2024-04-16 |
Decision on the motion for a re-hearing of the appeal, UPON APPLICATION by the appellant for a re-hearing of the appeal; AND UPON APPLICATION by the appellant for an order extending the time to serve and file his motion for a re-hearing of the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motion for a re-hearing of the appeal is dismissed. Dismissed |
|
| 2024-04-16 |
Decision on motion to extend time, see decision on motion for a re-hearing of the appeal Granted |
|
| 2024-04-10 | Submission of motion to extend time | |
| 2024-04-10 | All material on motion for a re-hearing of the appeal submitted to Justices | |
| 2024-03-20 | Response to the motion for a re-hearing of the appeal, (Letter Form), missing : proof of service (rec'd 2024-04-05), Completed on: 2024-04-10, (Printed version due on 2024-03-27) | His Majesty The King |
| 2023-10-31 | Motion for a re-hearing of the appeal, (Letter Form), Motion to extend time filed on 2023-08-31, Completed on: 2024-03-21 | Emanuel Kahsai |
| 2023-10-31 | Notice of withdrawal, NOTICE OF WITHDRAWAL OF COUNSEL FOR THE APPELLANT, EMANUEL KAHSAI, Completed on: 2024-01-15 | Emanuel Kahsai |
| 2023-08-31 | Motion to extend time, (Book Form), to file and serve motion for re-hearing of the appeal, Completed on: 2024-02-28 | Emanuel Kahsai |
| 2023-08-11 | Appeal closed | |
| 2023-07-28 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-07-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-07-28 |
Judgment on the appeal rendered, CJ Ka Côt Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1801-0177A, 2022 ABCA 12, dated January 13, 2022, heard on March 14, 2023, is dismissed. Dismissed |
|
| 2023-03-22 | Transcript received, 80 pages | |
| 2023-03-14 | Judgment reserved OR rendered with reasons to follow | |
| 2023-03-14 |
Hearing of the appeal, 2023-03-14, CJ Ka Côt Row Mar Kas Ja Judgment reserved |
|
| 2023-03-09 | Appellant's condensed book, (Book Form), (Printed version filed on 2023-03-10) | Emanuel Kahsai |
| 2023-03-09 | Respondent's condensed book, (Book Form), (Printed version filed on 2023-03-09) | His Majesty The King |
| 2023-02-27 |
Notice of appearance, Matthew Nathanson and Rachel Wood will appear before the Court. Matthew Nathanson will present oral argument. |
Independent Criminal Defence Advocacy Society |
| 2023-02-24 | Notice of appearance, Ian B, Kasper will appear before the Court. Intervener will rely upon their written submissions | Criminal Lawyers' Association |
| 2023-02-21 | Notice of appearance, Sarah Rankin and Heather Ferg will appear before the Court. Sarah Rankin will present oral argument. | Canadian Civil Liberties Association |
| 2023-02-21 | Notice of appearance, Avene Derwa will appear before the Court and will present oral argument. | Attorney General of Ontario |
| 2023-02-21 | Notice of appearance, Zachary Al-Khatib and Jennifer Ruttan will appear before the Court. Zachary Al-Khatib will present oral argument. | Criminal Trial Lawyers' Association |
| 2023-02-16 |
Notice of appearance, Julie Morgan and Elisa Frank will appear before the Court and will present oral argument. |
His Majesty The King |
| 2023-02-16 | Notice of appearance, Anita Szigeti, Carter Martell, Cassandra DeMelo and Maya Shukairy will appear before the Court. Anita Szigeti will present oral argument. | Empowerment Council |
| 2023-02-16 | Notice of appearance, Blair MacPherson and Judy Kliewer will appear before the Court. Blair MacPherson will present oral argument. | Director of Public Prosecutions |
| 2023-02-14 | Intervener's factum, (Book Form), Completed on: 2023-02-15, (Printed version filed on 2023-02-16) | Attorney General of Ontario |
| 2023-02-14 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-15, (Printed version filed on 2023-02-15) | Canadian Civil Liberties Association |
| 2023-02-14 | Intervener's factum, (Book Form), Completed on: 2023-02-15, (Printed version filed on 2023-02-15) | Canadian Civil Liberties Association |
| 2023-02-14 | Intervener's factum, (Book Form), Completed on: 2023-02-15, (Printed version filed on 2023-02-14) | Independent Criminal Defence Advocacy Society |
| 2023-02-14 | Intervener's factum, (Book Form), required: proof of service, Incomplete, (Printed version filed on 2023-02-14) | Criminal Trial Lawyers' Association |
| 2023-02-14 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-15, (Printed version filed on 2023-02-14) | Director of Public Prosecutions |
| 2023-02-14 | Intervener's factum, (Book Form), Completed on: 2023-02-15, (Printed version filed on 2023-02-14) | Director of Public Prosecutions |
| 2023-02-13 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-15, (Printed version filed on 2023-02-13) | Criminal Lawyers' Association |
| 2023-02-13 | Intervener's factum, (Book Form), Amended factum rec'd 2023-02-14, Completed on: 2023-02-15, (Printed version filed on 2023-02-14) | Criminal Lawyers' Association |
| 2023-02-13 | Correspondence received from, Appellant Detention Status | Emanuel Kahsai |
| 2023-02-10 | Notice of appearance, Daniel J. Song, K.C. and Katherine Clackson will appear before the Court and will present oral argument. | Emanuel Kahsai |
| 2023-01-31 | Intervener's book of authorities, (Book Form), Completed on: 2023-02-06, (Printed version filed on 2023-01-31) | Empowerment Council |
| 2023-01-31 | Intervener's factum, (Book Form), Completed on: 2023-02-06, (Printed version filed on 2023-01-31) | Empowerment Council |
| 2023-01-06 | Certificate of counsel (attesting to record) | His Majesty The King |
| 2023-01-06 | Respondent's record, (Book Form), (2 volumes), Completed on: 2023-01-09, (Printed version filed on 2023-01-06) | His Majesty The King |
| 2023-01-06 | Respondent's factum, (Book Form), Completed on: 2023-01-09, (Printed version filed on 2023-01-06) | His Majesty The King |
| 2022-12-22 | Order on motion for leave to intervene, by O'BONSAWIN J. | |
| 2022-12-22 |
Decision on the motion for leave to intervene, Ob, UPON APPLICATIONS by the Director of Public Prosecutions; the Attorney General of Ontario; the Empowerment Council; the Independent Criminal Defence Advocacy Society; the Criminal Trial Lawyers’ Association; the Canadian Civil Liberties Association; and 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 motions for leave to intervene are granted and the seven (7) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before February 14, 2023. The Director of Public Prosecutions, the Attorney General of Ontario and the Empowerment Council are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The Independent Criminal Defence Advocacy Society, the Criminal Trial Lawyers’ Association, the Canadian Civil Liberties Association and the Criminal Lawyers’ Association are jointly granted a shared time not exceeding fifteen (15) minutes to present oral argument at the hearing of the appeal. To the extent that their interests are similar, the interveners shall consult to avoid repetition. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties, and may not address the issue of the creation of special counsel in their submissions. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2022-12-22 | Submission of motion for leave to intervene, Ob | |
| 2022-12-06 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-07, (Printed version due on 2022-12-13) | His Majesty The King |
| 2022-12-02 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-15, (Printed version filed on 2022-12-15) | Emanuel Kahsai |
| 2022-11-29 | Notice of name, (Letter Form), (Printed version due on 2022-12-06) | Criminal Lawyers' Association |
| 2022-11-28 |
Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 12/05/22) Notice of Name-Form 14 (rec' 11/29/22), Completed on: 2022-12-06, (Printed version due on 2022-12-05) |
Criminal Lawyers' Association |
| 2022-11-28 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-11-30) | Canadian Civil Liberties Association |
| 2022-11-28 | Notice of name, (Letter Form), (Printed version filed on 2022-11-30) | Canadian Civil Liberties Association |
| 2022-11-28 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-11-30) | Canadian Civil Liberties Association |
| 2022-11-28 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-12-05) | Criminal Trial Lawyers' Association |
| 2022-11-28 | Notice of name, (Letter Form), (Printed version filed on 2022-11-30) | Criminal Trial Lawyers' Association |
| 2022-11-28 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/30/22), Completed on: 2022-12-02, (Printed version filed on 2022-11-30) | Criminal Trial Lawyers' Association |
| 2022-11-25 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-11-30) | Attorney General of Ontario |
| 2022-11-25 | Notice of name, (Letter Form), (Printed version due on 2022-12-02) | Independent Criminal Defence Advocacy Society |
| 2022-11-25 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2022-12-02) | Independent Criminal Defence Advocacy Society |
| 2022-11-23 | Notice of name, (Letter Form), (Printed version filed on 2022-11-23) | Empowerment Council |
| 2022-11-23 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/25/22), Completed on: 2022-11-29, (Printed version filed on 2022-11-23) | Empowerment Council |
| 2022-11-22 | Motion for leave to intervene, (Letter Form), Missing: Filing Fee (rec' 01/12/23), Completed on: 2023-01-16, (Printed version filed on 2022-12-14) | Director of Public Prosecutions |
| 2022-11-01 | Notice of hearing sent to parties, (by email) | |
| 2022-11-01 |
Appeal hearing scheduled, 2023-03-14 Judgment reserved |
|
| 2022-10-31 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-10-31) | Emanuel Kahsai |
| 2022-10-31 | Appellant's book of authorities, (Book Form), Completed on: 2022-11-03, (Printed version filed on 2022-10-31) | Emanuel Kahsai |
| 2022-10-31 | Appellant's record, (Book Form), (7 volumes), Completed on: 2022-11-03, (Printed version filed on 2022-10-31) | Emanuel Kahsai |
| 2022-10-31 | Appellant's factum, (Book Form), Completed on: 2022-11-03, (Printed version filed on 2022-10-31) | Emanuel Kahsai |
| 2022-10-31 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version due on 2022-11-07) | Emanuel Kahsai |
| 2022-10-31 | Appellant's book of authorities, (Book Form), Completed on: 2022-10-31, (Printed version due on 2022-11-07) | Emanuel Kahsai |
| 2022-10-31 | Appellant's record, (Book Form), (7 volumes), Completed on: 2022-10-31, (Printed version due on 2022-11-07) | Emanuel Kahsai |
| 2022-10-31 | Appellant's factum, (Book Form), Completed on: 2022-10-31, (Printed version due on 2022-11-07) | Emanuel Kahsai |
| 2022-10-18 | Order on motion to extend time, by CHANTAL CARBONNEAU | |
| 2022-10-18 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file his factum, record and book of authorities, if any, to October 31, 2022; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2022-10-18 | Submission of motion to extend time, Reg | |
| 2022-10-17 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2022-10-13 | Response to motion to extend time, (Letter Form), Completed on: 2022-10-14, (Printed version due on 2022-10-20) | His Majesty The King |
| 2022-10-13 | Motion to extend time, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-10-18) | Emanuel Kahsai |
| 2022-09-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-09-01 | Judgment on leave sent to the parties | |
| 2022-09-01 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1801-0177A, 2022 ABCA 12, dated January 13, 2022, is dismissed. Dismissed |
|
| 2022-09-01 |
Decision on motion to extend time, See decision on application Granted |
|
| 2022-07-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-07-11 | Submission of motion to extend time, for consideration by the Court | |
| 2022-04-29 | Correspondence received from, (Letter Form), the respondent; consents to the motion to extend time. | His Majesty The King |
| 2022-04-29 | Motion to extend time, (Book Form), to serve and file the reply to the response, Completed on: 2022-06-01, (Printed version filed on 2022-05-03) | Emanuel Kahsai |
| 2022-04-29 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-06-01, (Printed version filed on 2022-05-03) | Emanuel Kahsai |
| 2022-04-27 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2022-04-26 | Order on motion to extend time, by ROWE J. | |
| 2022-04-26 |
Decision on motion to extend time, Row, UPON APPLICATION by the appellant for an order extending the time to serve and file his factum, record and book of authorities, if any, until after the Court has rendered its decision on the application for leave to appeal filed in this matter; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. The appellant may serve and file his factum, record and book of authorities, if any, within eight (8) weeks of the date of the judgment on the application for leave to appeal. Should the application for leave to appeal be granted, the appellant shall be permitted to serve and file a single factum, addressing both the issue on the appeal as of right and the issues on the leave application, not to exceed forty (40) pages in length. Granted |
|
| 2022-04-26 | Submission of motion to extend time, Row | |
| 2022-04-21 | Notice of change of counsel, (Letter Form), (Printed version due on 2022-04-28) | Emanuel Kahsai |
| 2022-04-12 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-04-21) | His Majesty The King |
| 2022-04-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-01, (Printed version filed on 2022-04-12) | His Majesty The King |
| 2022-03-30 | Response to motion to extend time, (Letter Form), Completed on: 2022-03-31, (Printed version due on 2022-04-06) | His Majesty The King |
| 2022-03-30 | Motion to extend time, (Book Form), Completed on: 2022-05-17, (Printed version filed on 2022-03-31) | Emanuel Kahsai |
| 2022-03-14 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-16) | Emanuel Kahsai |
| 2022-03-14 | Application for leave to appeal, (Book Form), Missing: TC Reasons (rec'd 2022-05-02), Completed on: 2022-05-17, (Printed version filed on 2022-03-16) | Emanuel Kahsai |
| 2022-02-16 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-02-16 | |
| 2022-02-11 | Correspondence received from, (Letter Form), Application for leave to appeal will follow, (Printed version filed on 2022-03-01) | Emanuel Kahsai |
| 2022-02-11 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-01) | Emanuel Kahsai |
| 2022-02-11 |
Notice of appeal, (Letter Form), Required: -Trial Court Order (rec'd 03/14/22) -Trial Court Reasons (rec'd 2022-05-02), Completed on: 2022-05-17, (Printed version filed on 2022-03-01) |
Emanuel Kahsai |
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 |
|---|---|---|
| Kahsai, Emanuel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty The King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Empowerment Council | Intervener | Active |
| Independent Criminal Defence Advocacy Society | Intervener | Active |
| Criminal Trial Lawyers' Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Criminal Lawyers' Association | Intervener | Active |
Counsel
Party: Kahsai, Emanuel
Counsel
Daniel J. Song, KC
Katherine E. Clackson
Katherine E. Clackson
Pringle Chivers Sparks Teskey
1720 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: djsong@pringlelaw.ca
1720 - 355 Burrard Street
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 669-7447
FAX: (604) 259-6171
Email: djsong@pringlelaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: His Majesty The King
Counsel
Julie Morgan
Elisa Frank
Elisa Frank
Alberta Justice and Solicitor General
300 Centrium Place
332 - 6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-0006
FAX: (406) 297-3453
Email: julie.morgan@gov.ab.ca
300 Centrium Place
332 - 6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-0006
FAX: (406) 297-3453
Email: julie.morgan@gov.ab.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Director of Public Prosecutions
Counsel
Blair MacPherson
Judy Kliewer
Judy Kliewer
Public Prosecution Service of Canada
Greenstone Building
5101 50th Avenue, 4th floor
Yellowknife, Northwest Territories
X1A 2N8
Telephone: (867) 669-6939
Email: blair.macpherson@ppsc-sppc.gc.ca
Greenstone Building
5101 50th Avenue, 4th floor
Yellowknife, Northwest Territories
X1A 2N8
Telephone: (867) 669-6939
Email: blair.macpherson@ppsc-sppc.gc.ca
Agent
François Lacasse
Director of Public Prosecutions 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
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: Empowerment Council
Counsel
Anita Szigeti
Carter Martell
Cassandra DeMelo
Maya Shukairy
Carter Martell
Cassandra DeMelo
Maya Shukairy
Anita Szigeti Advocates
55 University Avenue, Suite 1100
Toronto, Ontario
M5J 2H7
Telephone: (416) 504-6544
FAX: (416) 204-9562
Email: anita@asabarristers.com
55 University Avenue, Suite 1100
Toronto, Ontario
M5J 2H7
Telephone: (416) 504-6544
FAX: (416) 204-9562
Email: anita@asabarristers.com
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Independent Criminal Defence Advocacy Society
Counsel
Matthew A. Nathanson
Rachel M. Wood
Rachel M. Wood
MN Law
355 Burrard Street, Suite 1000
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 608-6185
FAX: (604) 677-5560
Email: matthew@mnlaw.ca
355 Burrard Street, Suite 1000
Vancouver, British Columbia
V6C 2G8
Telephone: (604) 608-6185
FAX: (604) 677-5560
Email: matthew@mnlaw.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
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Attorney General of Ontario
Counsel
Jeffrey Wyngaarden
Avene Derwa
Avene Derwa
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jeffrey.wyngaarden@ontario.ca
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: jeffrey.wyngaarden@ontario.ca
Party: Criminal Trial Lawyers' Association
Counsel
Jennifer Ruttan
Ruttan Bates
600, 630 - 6th Avenue SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 237-0025
FAX: (403) 237-0566
Email: jr@ruttanbates.com
600, 630 - 6th Avenue SW
Calgary, Alberta
T2P 0S8
Telephone: (403) 237-0025
FAX: (403) 237-0566
Email: jr@ruttanbates.com
Agent
Zachary Al-Khatib
Liberty Law
300, 10110 - 107 Street
Edmonton, Alberta
T5J 1J4
Telephone: (780) 784-7500
FAX: (780) 421-4872
Email: alkhatib@libertylaw.ca
300, 10110 - 107 Street
Edmonton, Alberta
T5J 1J4
Telephone: (780) 784-7500
FAX: (780) 421-4872
Email: alkhatib@libertylaw.ca
Party: Canadian Civil Liberties Association
Counsel
Sarah Rankin
Heather Ferg
Heather Ferg
McKay Ferg LLP
1800, 639 6th Ave SW
Calgary, Alberta
T2P 0M9
Telephone: (403) 984-1919
FAX: (844) 895-3926
Email: sarah@mckayferg.com
1800, 639 6th Ave SW
Calgary, Alberta
T2P 0M9
Telephone: (403) 984-1919
FAX: (844) 895-3926
Email: sarah@mckayferg.com
Agent
Jonathan Laxer
Power Law
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Party: Criminal Lawyers' Association
Counsel
Anil K. Kapoor
Cameron Cotton-O'Brien
Cameron Cotton-O'Brien
Kapoor Barristers
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
161 Bay Street
Suite 2900
Toronto, Ontario
M5J 2S1
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law — Trial — Appointment of amicus curiae — Role of amicus curiae — Self-represented accused — Trial fairness — Did the trial judge’s failure to appoint amicus curiae with a sufficient adversarial mandate result in a miscarriage of justice.<br>
Summary
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At trial, the appellant was convicted by a jury of two counts of first degree murder. The appellant had refused to retain counsel subsequent to the preliminary inquiry and was adamant that he wanted to represent himself. Two separate amicus curiae were appointed to assist the court at different times; however, he refused to co-operate with either. The appellant appealed the convictions and alleged that the perceived fairness of the proceedings had been tainted due to the trial judge’s failure to appoint a partisan amicus curiae at an early stage of proceedings, with instructions to take on the key responsibilities of defence counsel. A majority of the Court of Appeal of Alberta found that there was no trial unfairness arising from the role of the amicus curiae in this case, and dismissed the appeal. It held that the appellant made the full answer and defence he wanted to. In dissent, O’Ferrall J.A. found that there was a miscarriage of justice. He would have allowed the appeal and ordered a new trial at which the appellant would be represented by defence counsel or an amicus curiae conferred with sufficient authority to advocate on his behalf, independent of the appellant’s wishes.
Lower court rulings
March 28, 2018
Court of Queen’s Bench of Alberta
151385507Q1
Court of Queen’s Bench of Alberta
151385507Q1
Emanuel Kahsai convicted of two counts of first degree murder.
January 13, 2022
Court of Appeal of Alberta (Calgary)
1801-0177A, 2022 ABCA 12
Court of Appeal of Alberta (Calgary)
1801-0177A, 2022 ABCA 12
Appeal against convictions dismissed.
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Date modified: 2025-02-27