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.
40781
Mohamed Adam Bharwani v. His Majesty the King
(Ontario) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-01-02 | Correspondence received from, (Letter Form), If the Court releases its decision during January 23, 2025 to February 19, 2025, to send the advance notification not only to lead counsel but also to co-counsel, Angela Ruffo. , (Printed version due on 2025-01-09) | Mohamed Adam Bharwani |
| 2024-10-29 |
Transcript received, Paper copies received on Nov. 5, 2024 |
|
| 2024-10-10 | Judgment reserved OR rendered with reasons to follow | |
| 2024-10-10 |
Hearing of the appeal, 2024-10-10, CJ Ka Côt Row Mar Kas Ja Ob Mor Decision reserved |
|
| 2024-10-10 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2024-10-08 | Intervener's condensed book, (Book Form), Missing proof of service, (Printed version filed on 2024-10-08) | Independent Criminal Defence Advocacy Society |
| 2024-10-08 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-09) | Attorney General of Alberta |
| 2024-10-08 | Correspondence received from, Will not be filling a condensed book | Empowerment Council |
| 2024-10-08 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-08) | Attorney General of British Columbia |
| 2024-10-07 | Respondent's condensed book, (Book Form), Missing proof of service (rec'd 2024-10-08), (Printed version filed on 2024-10-08) | His Majesty the King |
| 2024-10-07 | Intervener's condensed book, (Book Form), Missing proof of service (rec'd 2024-10-08), (Printed version filed on 2024-10-08) | Criminal Trial Lawyers' Association |
| 2024-10-04 | Correspondence received from, In regards to Oral arguments | Mohamed Adam Bharwani |
| 2024-10-04 | Appellant's condensed book, (Book Form), (Electronic version filed on 2024-10-07) | Mohamed Adam Bharwani |
| 2024-10-04 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-07) | Criminal Lawyers' Association |
| 2024-10-04 | Correspondence received from, In regards to Oral arguments | Criminal Lawyers' Association |
| 2024-09-19 | Correspondence received from, Request for 1 seat at the appeal hearing | Mohamed Adam Bharwani |
| 2024-08-29 |
Notice of appearance, (Letter Form), Sarah Rankin, Anita Szigeti, Carter Martell and Maya Shukairy will appear before the Court. Sarah Rankin will present oral argument , (Printed version due on 2024-09-06) |
Empowerment Council |
| 2024-08-29 |
Notice of appearance, (Letter Form), Caroline Senini and Sarah Pringle will appear before the Court. Caroline Senini will present oral argument , (Printed version due on 2024-09-06) |
Independent Criminal Defence Advocacy Society |
| 2024-08-29 |
Notice of appearance, (Letter Form), Tania Shapka and Kathryn Quinlan will appear before the Court. Tania Shapka will present oral argument , (Printed version due on 2024-09-06) |
Criminal Trial Lawyers' Association |
| 2024-08-26 |
Notice of appearance, Delmar Doucette, Angela Ruffo and Cara Barbisan will appear before the Court , (Printed version due on 2024-09-03) |
Mohamed Adam Bharwani |
| 2024-08-26 |
Notice of appearance, (Letter Form), Erin Dann and Meaghan McMahon will appear before the Court. Erin Dann will present oral argument , (Printed version due on 2024-09-03) |
Criminal Lawyers' Association |
| 2024-08-23 |
Notice of appearance, (Letter Form), Micah B. Rankin will appear before the Court. Micah B. Rankin will present oral argument *Amended version filed on Oct. 7, 2024 , (Printed version due on 2024-08-30) |
Attorney General of British Columbia |
| 2024-08-20 | Notice of appearance, (Letter Form), Karen Papadopoulos, Dena Bonnet and Jacob Millns will appear before the Court. Karen Papadopoulos and Dena Bonnet will present oral argument, (Printed version due on 2024-08-27) | His Majesty the King |
| 2024-08-20 | Notice of appearance, (Letter Form), Katherine Elizabeth Fraser will appear before the Court. Katherine Elizabeth Fraser will present oral argument, (Printed version due on 2024-08-27) | Attorney General of Alberta |
| 2024-08-20 | Discontinuance of miscellaneous motion, (Letter Form), (Printed version due on 2024-08-27) | Mohamed Adam Bharwani |
| 2024-08-16 | Correspondence received from | His Majesty the King |
| 2024-07-12 | Correspondence received from, re: motion for disclosure and production, hearing date | His Majesty the King |
| 2024-07-12 | Certificate (on limitations to public access), 23B | Mohamed Adam Bharwani |
| 2024-07-10 |
Notice of miscellaneous motion, (Book Form), PUB BAN motion to disclose and produce, Completed on: 2024-08-21, (Printed version due on 2024-07-17) |
Mohamed Adam Bharwani |
| 2024-07-10 | Certificate (on limitations to public access), 23A | Mohamed Adam Bharwani |
| 2024-07-10 | Correspondence received from, Sections 683(1)(a) & 695 Disclosure Application | Mohamed Adam Bharwani |
| 2024-07-09 | Notice of hearing sent to parties | |
| 2024-07-09 |
Appeal hearing scheduled, 2024-10-10 Decision reserved |
|
| 2024-06-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2024-06-20 | Order on motion to adduce new evidence, by JUSTICE CÔTÉ | |
| 2024-06-20 |
Decision on motion to adduce new evidence, Côt, UPON APPLICATION by the appellant for an order granting leave to adduce new evidence; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is referred to the panel of the Court hearing the appeal for decision under r. 51(2)(c). Referred |
|
| 2024-06-20 | Submission of motion to adduce new evidence, Côt | |
| 2024-06-13 | Reply to motion to adduce new evidence, (Book Form), (3 volumes), Completed on: 2024-06-17, (Printed version filed on 2024-06-14) | Mohamed Adam Bharwani |
| 2024-06-06 | Response to the motion to adduce new evidence, (Book Form), Completed on: 2024-06-13, (Printed version filed on 2024-06-11) | His Majesty the King |
| 2024-05-31 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-07, (Printed version due on 2024-06-07) | Independent Criminal Defence Advocacy Society |
| 2024-05-31 | Intervener's factum, (Book Form), Completed on: 2024-06-07, (Printed version filed on 2024-06-07) | Independent Criminal Defence Advocacy Society |
| 2024-05-31 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-07-23) | Criminal Trial Lawyers' Association |
| 2024-05-31 | Intervener's factum, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-07-23) | Criminal Trial Lawyers' Association |
| 2024-05-31 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-05, (Printed version due on 2024-06-07) | Attorney General of British Columbia |
| 2024-05-31 | Intervener's factum, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-06-03) | Attorney General of British Columbia |
| 2024-05-30 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-05-31) | Empowerment Council |
| 2024-05-30 | Intervener's factum, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-05-31) | Empowerment Council |
| 2024-05-30 | Intervener's factum, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-05-30) | Criminal Lawyers' Association |
| 2024-05-30 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-05-30) | Attorney General of Alberta |
| 2024-05-30 | Intervener's factum, (Book Form), Completed on: 2024-06-05, (Printed version filed on 2024-05-30) | Attorney General of Alberta |
| 2024-05-27 | Motion to adduce new evidence, (Letter Form), Filing Fee, Incomplete, (Printed version filed on 2024-05-28) | Mohamed Adam Bharwani |
| 2024-05-21 | Correspondence received from, The Appellant hereby requests that he be granted the same permission to file a five-page reply factum | Mohamed Adam Bharwani |
| 2024-04-29 | Supplemental document, (Book Form), CDs containing Trail Exhibit 14 that were accidently omitted from Volume 2, Tab 20, of the Respondent's Record., Completed on: 2024-05-03, (Printed version filed on 2024-04-29) | His Majesty the King |
| 2024-04-23 | Certificate (on limitations to public access), (Letter Form), Form 24B, (Printed version filed on 2024-04-26) | His Majesty the King |
| 2024-04-23 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-26) | His Majesty the King |
| 2024-04-23 |
Respondent's book of authorities, (Book Form), Missing: - Proof of service (Rec'd April 30, 2024), Completed on: 2024-04-30, (Printed version filed on 2024-04-26) |
His Majesty the King |
| 2024-04-23 |
Respondent's factum, (Book Form), Missing: - Proof of service (Rec'd April 30, 2024), Completed on: 2024-04-30, (Printed version filed on 2024-04-26) |
His Majesty the King |
| 2024-04-23 |
Respondent's record, (Book Form), 15 volumes Missing: - Proof of service (Rec'd April 30, 2024), Completed on: 2024-04-30, (Printed version filed on 2024-04-26) |
His Majesty the King |
| 2024-04-19 | Order on motion for leave to intervene, by JUSTICE CÔTÉ | |
| 2024-04-19 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by Criminal Lawyers’ Association; Attorney General of British Columbia; Empowerment Council; Attorney General of Alberta; Independent Criminal Defence Advocacy Society; and Criminal Trial 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 six (6) interveners shall be entitled to each serve and file a factum, not to exceed ten (10) pages in length, and book of authorities, if any. The six (6) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The respondent is granted permission to serve and file a single factum in reply to all interventions, not to exceed five (5) pages in length, and the request for additional time for oral submissions is dismissed. 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 or groups of interveners shall pay to the appellant and the respondents any additional disbursements resulting from their interventions. Judgment accordingly |
|
| 2024-04-19 | Submission of motion for leave to intervene, Côt | |
| 2024-04-16 | Correspondence received from, (Letter Form), re: motions for leave to intervene | His Majesty the King |
| 2024-04-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-04-08, (Printed version filed on 2024-04-05) | Mohamed Adam Bharwani |
| 2024-03-28 | Notice of name | Criminal Trial Lawyers' Association |
| 2024-03-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-04) | Criminal Trial Lawyers' Association |
| 2024-03-28 | Certificate (on limitations to public access), 23A/23B | Independent Criminal Defence Advocacy Society |
| 2024-03-28 | Notice of name | Independent Criminal Defence Advocacy Society |
| 2024-03-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-05, (Printed version filed on 2024-04-03) | Independent Criminal Defence Advocacy Society |
| 2024-03-28 | Notice of name | Empowerment Council |
| 2024-03-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-03, (Printed version filed on 2024-03-28) | Empowerment Council |
| 2024-03-27 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-03, (Printed version filed on 2024-03-28) | Attorney General of British Columbia |
| 2024-03-27 | Notice of name | Criminal Lawyers' Association |
| 2024-03-27 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-03, (Printed version filed on 2024-03-27) | Criminal Lawyers' Association |
| 2024-03-26 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-03, (Printed version filed on 2024-03-26) | Attorney General of Alberta |
| 2024-02-29 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2024-03-01) | Mohamed Adam Bharwani |
| 2024-02-29 | Appellant's factum, (Book Form), Completed on: 2024-03-01, (Printed version filed on 2024-03-01) | Mohamed Adam Bharwani |
| 2024-02-29 | Appellant's book of authorities, (Book Form), Completed on: 2024-03-01, (Printed version filed on 2024-03-01) | Mohamed Adam Bharwani |
| 2024-02-29 | Appellant's record, (Book Form), 10 volumes, Completed on: 2024-03-01, (Printed version filed on 2024-03-01) | Mohamed Adam Bharwani |
| 2024-01-18 | Notice of appeal, (Letter Form), Completed on: 2024-01-18, (Printed version filed on 2024-01-18) | Mohamed Adam Bharwani |
| 2024-01-17 | Notice of appearance, (Letter Form), (Printed version due on 2024-01-24) | His Majesty the King |
| 2023-12-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-12-21 | Judgment on leave sent to the parties | |
| 2023-12-21 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file 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 C64221, 2023 ONCA 203, dated March 24, 2023, is granted. Granted |
|
| 2023-12-21 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2023-10-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-10 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-08-23 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-08-28, (Electronic version filed on 2023-08-24) | Mohamed Adam Bharwani |
| 2023-08-15 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-08-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-08-16, (Printed version filed on 2023-08-17) | His Majesty the King |
| 2023-07-24 | Notice of change of solicitor | His Majesty the King |
| 2023-06-21 | Correspondence received from, Explanation of what has been amended in the documents filed on June 21, 2023 | Mohamed Adam Bharwani |
| 2023-06-15 | Letter acknowledging receipt of an incomplete application for leave to appeal, File Opened on June 15, 2023 | |
| 2023-06-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-06-15, (Printed version filed on 2023-06-15) | Mohamed Adam Bharwani |
| 2023-06-15 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2023-06-15) | Mohamed Adam Bharwani |
| 2023-06-15 |
Application for leave to appeal, (Book Form), (2 volumes), Missing: -Signed Court of appeal judgment (rec'd 2023-06-21) -Filing Fees (Rec'd 2023-06-29), Completed on: 2023-06-30, (Printed version filed on 2023-06-15) |
Mohamed Adam Bharwani |
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 |
|---|---|---|
| Bharwani, Mohamed Adam | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Criminal Lawyers' Association | Intervener | Active |
| Empowerment Council | Intervener | Active |
| Independent Criminal Defence Advocacy Society | Intervener | Active |
| Criminal Trial Lawyers' Association | Intervener | Active |
Counsel
Party: Bharwani, Mohamed Adam
Counsel
Delmar Doucette
Angela Ruffo
Cara Barbisan
Angela Ruffo
Cara Barbisan
Furgiuele Law
116 Simcoe Street, Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 993-5543
FAX: (416) 342-1766
Email: doucette@furgiuelelaw.com
116 Simcoe Street, Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 993-5543
FAX: (416) 342-1766
Email: doucette@furgiuelelaw.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: His Majesty the King
Counsel
Karen Papadopoulos
Dena Bonnet
Jacob Millns
Dena Bonnet
Jacob Millns
Attorney General of Ontario
Crown Law Office Criminal, 10th Flr.
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: karen.papadopoulos@ontario.ca
Crown Law Office Criminal, 10th Flr.
720 Bay Street
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: karen.papadopoulos@ontario.ca
Party: Attorney General of Alberta
Counsel
Katherine E. Fraser
Alberta Crown Prosecution Service
Appeals and Specialized Prosecutions Office
9833 - 109 Street N.W., 3rd Floor, Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: Katherine.Fraser@gov.ab.ca
Appeals and Specialized Prosecutions Office
9833 - 109 Street N.W., 3rd Floor, Bowker Building
Edmonton, Alberta
T5K 2E8
Telephone: (780) 422-5402
FAX: (780) 422-1106
Email: Katherine.Fraser@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: Criminal Lawyers' Association
Counsel
Erin Dann
Meaghan McMahon
Meaghan McMahon
Embry Dann LLP
116 Simcoe Street
Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 868-1203
FAX: (416) 868-0269
Email: edann@edlaw.ca
116 Simcoe Street
Suite 100
Toronto, Ontario
M5H 4E2
Telephone: (416) 868-1203
FAX: (416) 868-0269
Email: edann@edlaw.ca
Agent
Moira S. Dillon
Supreme Law Group
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
440 Laurier Ave. West
Suite 200
Ottawa, Ontario
K1R 7X6
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca
Party: Attorney General of British Columbia
Counsel
Micah Rankin, K.C.
Lauren A. Chu
Lauren A. Chu
Attorney General of British Columbia
B.C. Prosecution Service
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-3344
FAX: (250) 387-4262
Email: micah.rankin@gov.bc.ca
B.C. Prosecution Service
3rd Floor, 940 Blanshard Street
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-3344
FAX: (250) 387-4262
Email: micah.rankin@gov.bc.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Empowerment Council
Counsel
Anita Szigeti
Carter Martell
Sarah Rankin
Maya Shukairy
Carter Martell
Sarah Rankin
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
Maxine Vincelette
Juristes Power Law
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: Independent Criminal Defence Advocacy Society
Counsel
Sarah Pringle
Caroline Senini
Caroline Senini
Peck and Company
610-744 West Hastings Street
Vancouver, British Columbia
V6V 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: springle@peckandcompany.ca
610-744 West Hastings Street
Vancouver, British Columbia
V6V 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: springle@peckandcompany.ca
Party: Criminal Trial Lawyers' Association
Counsel
Kathryn A. Quinlan
Tania Shapka
Tania Shapka
Dawson Duckett Garcia & Johnson
9924 - 106 Street
Suite 300
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: kquinlan@dsscrimlaw.com
9924 - 106 Street
Suite 300
Edmonton, Alberta
T5K 1C4
Telephone: (780) 424-9058
FAX: (780) 425-0172
Email: kquinlan@dsscrimlaw.com
Summary
Keywords
Criminal law — Defence — Unfit to stand trial — Not criminally responsible — Under s. 2 “unfit to stand trial” of the Criminal Code, R.S.C. 1985, c. C-46, should the test articulated in R. v. Taylor (1992), 11 O.R. (3d) 323, be replaced by a test that requires that a mentally disordered defendant have the ability to make rational decisions in the conduct of their defence? — Under s. 16(1) of the Criminal Code, what is the proper meaning of the test in R. v. Oommen, [1994] 2 S.C.R. 507, in regard to the inability of a mentally disordered defendant to apply their knowledge of moral wrongfulness?<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.
After several years of deteriorating mental health, the appellant moved into a basement apartment with other tenants. Five days later, the appellant attacked one of the other tenants by striking her with a fireplace poker and then strangling her to death. The appellant called 9-1-1 saying that he wanted to turn himself in because he had just “killed a girl.” When police arrived at the scene, he reiterated his desire to turn himself in, surrendered into custody, and he was interrogated by police. He admitted to killing the victim and explained how he had hit and strangled her. In May 2016, a jury found the appellant unfit to stand trial and he was sent to an in-patient treatment facility to see if he could become fit. At a second hearing in August 2016, after spending over three months in hospital, a second jury reversed the first, finding the appellant fit to stand trial. After a trial by judge and jury, the appellant was convicted of first-degree murder. His conviction appeal was dismissed.
Lower court rulings
March 15, 2017
Ontario Superior Court of Justice
Ontario Superior Court of Justice
See file
March 24, 2023
Court of Appeal for Ontario
2023 ONCA 203, C64221
Court of Appeal for Ontario
2023 ONCA 203, C64221
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
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Date modified: 2025-02-27