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.
40868
I.M. v. His Majesty the King
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-10-29 | Transcript received, Paper copies received 11-05-2024 | |
| 2024-10-15 | Judgment reserved OR rendered with reasons to follow | |
| 2024-10-15 | General proceeding, Sensitivity questionnaire | His Majesty the King |
| 2024-10-15 | General proceeding, Sensitivity Questionnaire | I.M. |
| 2024-10-15 |
Hearing of the appeal, 2024-10-15, CJ Ka Côt Row Mar Kas Ja Ob Mor Decision reserved |
|
| 2024-10-15 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2024-10-11 | Correspondence received from, Informed the court that they will not file a condensed book | Queen’s Prison Law Clinic |
| 2024-10-10 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-11) | Justice for Children and Youth |
| 2024-10-10 | Certificate (on limitations to public access), 23B, (Printed version filed on 2024-10-10) | I.M. |
| 2024-10-10 | Appellant's condensed book, (Book Form), PUB-BAN / RESTRICTED, (Printed version filed on 2024-10-10) | I.M. |
| 2024-10-09 | Respondent's condensed book, (Book Form), (Printed version filed on 2024-10-10) | His Majesty the King |
| 2024-10-09 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-10) | Peacebuilders Canada |
| 2024-10-09 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-10) | Canadian Civil Liberties Association |
| 2024-10-09 | Intervener's condensed book, (Book Form), PUB-BAN, (Printed version filed on 2024-10-09) | Director of Criminal and Penal Prosecutions |
| 2024-10-09 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-09) | Attorney General of Canada |
| 2024-10-09 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-10) | Criminal Lawyers’ Association (Ontario) |
| 2024-10-09 | Intervener's condensed book, (Book Form), (Printed version filed on 2024-10-09) | Attorney General of Alberta |
| 2024-09-16 |
Notice of appearance, Mary Birdsell, Jin Chien and Katherine Long will appear before the Court. Mary Birdsell will present oral argument. |
Justice for Children and Youth |
| 2024-09-11 |
Notice of appearance, Stephanie DiGiuseppe and Maya Borooah will appear before the Court. Stephanie DiGiuseppe will present oral argument. |
Peacebuilders Canada |
| 2024-09-11 |
Notice of appearance, Alexander Alvaro and Justin Reid will appear before the Court. Alexander Alvaro will present oral argument. |
His Majesty the King |
| 2024-09-10 |
Notice of appearance, Sarah Clive will appear before the Court. Sarah Clive will present oral argument. |
Attorney General of Alberta |
| 2024-09-06 |
Notice of appearance, Cori Singer and Samara Secter will appear before the Court. Cori Singer will present oral argument. |
Canadian Civil Liberties Association |
| 2024-09-06 |
Notice of appearance, Ginette Gobeil and Roy Lee will appear before the Court. Roy Lee will present oral argument. |
Attorney General of Canada |
| 2024-09-06 |
Notice of appearance, Maija Martin and Jolene Hansell will appear before the Court. Maija Martin will present oral argument. |
Criminal Lawyers’ Association (Ontario) |
| 2024-09-05 |
Notice of appearance, (Letter Form), Annamaria Enenajor and Heather Gunter will appear before the Court. Annamaria Enenajor will present oral argument. , (Printed version filed on 2024-09-05) |
Queen’s Prison Law Clinic |
| 2024-08-23 |
Notice of appearance, Julie Nadeau and Philippe Desjardins will appear before the Court. Julie Nadeau will present oral argument. , (Printed version filed on 2024-08-27) |
Director of Criminal and Penal Prosecutions |
| 2024-08-21 |
Notice of appearance, Vincent Larochelle and Safiyya Ahmad will appear before the Court. Vincent Larochelle will present oral argument. |
British Columbia Civil Liberties Association |
| 2024-08-21 |
Notice of appearance, Nader R. Hasan, Stephen Aylward and Alexandra Heine will appear before the Court. Nader R. Hasan will present oral argument. |
I.M. |
| 2024-07-09 | Notice of hearing sent to parties | |
| 2024-07-09 |
Appeal hearing scheduled, 2024-10-15 Decision reserved |
|
| 2024-06-27 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2024-06-26 |
Reply factum on appeal, (Book Form), Missing: - 23B (Rec'd 06-27-2024), Completed on: 2024-06-27, (Printed version filed on 2024-06-27) |
His Majesty the King |
| 2024-06-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2024-06-20 | Correspondence received from, Amended factum for typos | Peacebuilders Canada |
| 2024-06-13 | Intervener's factum, (Book Form), Completed on: 2024-06-13, (Printed version filed on 2024-06-20) | Queen’s Prison Law Clinic |
| 2024-06-13 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-13, (Printed version filed on 2024-06-26) | Peacebuilders Canada |
| 2024-06-13 | Intervener's factum, (Book Form), Amended version rec'd 06-20-2024, Completed on: 2024-06-13 | Peacebuilders Canada |
| 2024-06-13 |
Intervener's factum, (Book Form), Missing: Proof of service, Incomplete, (Printed version filed on 2024-06-14) |
Canadian Civil Liberties Association |
| 2024-06-13 | Intervener's factum, (Book Form), Completed on: 2024-06-13, (Printed version filed on 2024-06-13) | Justice for Children and Youth |
| 2024-06-13 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-13, (Printed version filed on 2024-06-13) | Attorney General of Canada |
| 2024-06-13 | Intervener's factum, (Book Form), Completed on: 2024-06-13, (Printed version filed on 2024-06-13) | Attorney General of Canada |
| 2024-06-13 | Intervener's factum, (Book Form), Completed on: 2024-06-13, (Printed version filed on 2024-06-13) | British Columbia Civil Liberties Association |
| 2024-06-12 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-12, (Printed version filed on 2024-06-13) | Criminal Lawyers’ Association (Ontario) |
| 2024-06-12 | Intervener's factum, (Book Form), Completed on: 2024-06-12, (Printed version filed on 2024-06-13) | Criminal Lawyers’ Association (Ontario) |
| 2024-06-12 | Intervener's book of authorities, (Book Form), Completed on: 2024-06-12, (Printed version filed on 2024-06-13) | Director of Criminal and Penal Prosecutions |
| 2024-06-12 | Intervener's factum, (Book Form), AMENDED COVER PAGES REQUIRED (Rec'd 06-14-2024), Completed on: 2024-06-12, (Printed version filed on 2024-06-12) | Director of Criminal and Penal Prosecutions |
| 2024-06-12 | Intervener's factum, (Book Form), Completed on: 2024-06-12, (Printed version filed on 2024-06-12) | Attorney General of Alberta |
| 2024-06-10 | Notice of change of counsel, (Letter Form) | His Majesty the King |
| 2024-05-02 |
Decision on motion to extend time, see decision on motion for leave to intervene, Côt Granted |
|
| 2024-05-02 | Submission of motion to extend time, Côt | |
| 2024-05-02 | Order on motion for leave to intervene, by JUSTICE CÔTÉ | |
| 2024-05-02 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Attorney General of Canada; Attorney General of Alberta; Director of Criminal and Penal Prosecutions; Justice for Children and Youth; Queen’s Prison Law Clinic; Criminal Lawyers’ Association (Ontario); Peacebuilders Canada; British Columbia Civil Liberties Association; Canadian Civil Liberties Association; Aboriginal Legal Services Inc. and Canadian Muslim Lawyers for leave to intervene in the appeal S.B. v. His Majesty the King (40873) and in the appeal I.M. v. His Majesty the King (40868); AND UPON APPLICATION by African Nova Scotian Justice Institute for leave to intervene in the appeal S.B. v. His Majesty the King (40873); AND UPON APPLICATIONS by Queen’s Prison Law Clinic and Canadian Muslim Lawyers Association for an order extending the time to serve and file their motions for leave to intervene; AND UPON REQUESTS by the appellants and by the respondent to serve and file factums in reply to the interventions and by the respondent for additional time for oral submissions; AND HAVING REGARD TO the Notice to the Profession of November 2021 concerning interventions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for extensions of time are granted. The motion for leave to intervene by the Attorney General of Canada is granted and the said intervener shall be entitled to serve and file a single factum common to both appeals not to exceed twenty (20) pages in length on or before June 13, 2024. The motions for leave to intervene by the Attorney General of Alberta; Director of Criminal and Penal Prosecutions; Justice for Children and Youth; Queen’s Prison Law Clinic; Criminal Lawyers’ Association (Ontario); Peacebuilders Canada; British Columbia Civil Liberties Association; Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a single factum common to both appeals not to exceed ten (10) pages in length on or before June 13, 2024. The motion for leave to intervene by African Nova Scotian Justice Institute is granted and the said intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length in the appeal S.B. v. His Majesty the King (40873) on or before June 13, 2024. The Attorney General of Canada is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeals and the other said interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. The appellants I.M. and S.B., and the respondent, are each granted permission to serve and file a single factum in reply to the interventions not to exceed five (5) pages in length on or before June 27, 2024. The respondent’s motion for additional time for oral submissions is dismissed. Leave to intervene is denied to Aboriginal Legal Services Inc. and Canadian Muslim Lawyers Association because these two motions are not compliant with the requirements of Rule 57(2)(b) of the Rules of the Supreme Court of Canada. 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 the respondent any additional disbursements resulting from their interventions. Judgment accordingly |
|
| 2024-05-02 | Submission of motion for leave to intervene, Côt | |
| 2024-04-26 | Certificate of counsel (attesting to record), 24B | His Majesty the King |
| 2024-04-23 | Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)), 23B | His Majesty the King |
| 2024-04-23 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2024-04-23 |
Respondent's record, (Book Form), PUB BAN and RESTRICTED Missing: - 24B (Rec'd 04-25-2024) - Redacted Version (Rec'd 04-25-2024), Completed on: 2024-04-25, (Printed version filed on 2024-04-29) |
His Majesty the King |
| 2024-04-23 | Respondent's factum, (Book Form), Completed on: 2024-04-24, (Printed version filed on 2024-04-25) | His Majesty the King |
| 2024-04-12 | Motion to extend time, (Book Form), Completed on: 2024-08-23, (Printed version due on 2024-04-19) | Canadian Muslim Lawyers Association |
| 2024-04-12 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2024-04-15, (Printed version filed on 2024-04-17) | Peacebuilders Canada |
| 2024-04-12 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2024-04-12, (Printed version due on 2024-04-19) | Canadian Muslim Lawyers Association |
| 2024-04-10 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2024-04-12, (Printed version filed on 2024-04-11) | Queen’s Prison Law Clinic |
| 2024-04-10 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2024-04-12, (Printed version due on 2024-04-17) | Criminal Lawyers’ Association (Ontario) |
| 2024-04-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-04-09, (Printed version due on 2024-04-12) | I.M. |
| 2024-04-05 | Response to the motion for leave to intervene, (Book Form), Completed on: 2024-04-09, (Printed version due on 2024-04-12) | His Majesty the King |
| 2024-03-28 | Motion to extend time, (Book Form), Completed on: 2024-04-09 | Queen’s Prison Law Clinic |
| 2024-03-28 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-02, (Printed version due on 2024-04-08) | Canadian Muslim Lawyers Association |
| 2024-03-28 | Motion for leave to intervene, (Book Form), Missing filing fee, Incomplete, (Printed version filed on 2024-04-05) | Queen’s Prison Law Clinic |
| 2024-03-27 | Intervener's book of authorities, (Book Form), Completed on: 2024-04-08, (Printed version due on 2024-04-05) | Peacebuilders Canada |
| 2024-03-27 | Notice of name | Peacebuilders Canada |
| 2024-03-27 | Motion for leave to intervene, (Book Form), Completed on: 2024-05-17, (Printed version filed on 2024-03-27) | Criminal Lawyers’ Association (Ontario) |
| 2024-03-27 | Notice of name | Criminal Lawyers’ Association (Ontario) |
| 2024-03-27 | Notice of name | British Columbia Civil Liberties Association |
| 2024-03-27 | Notice of name | Canadian Civil Liberties Association |
| 2024-03-27 | Notice of name | Justice for Children and Youth |
| 2024-03-27 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-17, (Printed version filed on 2024-04-02) | Peacebuilders Canada |
| 2024-03-27 | Motion for leave to intervene, (Book Form), Missing filing fee, Completed on: 2024-04-18, (Printed version filed on 2024-03-27) | British Columbia Civil Liberties Association |
| 2024-03-27 | Motion for leave to intervene, (Book Form), Completed on: 2024-03-28, (Printed version filed on 2024-03-28) | Justice for Children and Youth |
| 2024-03-27 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-03-28) | Canadian Civil Liberties Association |
| 2024-03-27 | Motion for leave to intervene, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-03-27) | Attorney General of Canada |
| 2024-03-26 | Motion for leave to intervene, (Book Form), Filing fee missing, Incomplete, (Printed version due on 2024-04-04) | Attorney General of Alberta |
| 2024-03-25 | Notice of name, (Letter Form), (Printed version due on 2024-04-03) | Aboriginal Legal Services Inc |
| 2024-03-25 | Motion for leave to intervene, (Book Form), Filing Fee Missing, Incomplete, (Printed version filed on 2024-03-25) | Aboriginal Legal Services Inc |
| 2024-03-21 | Motion for leave to intervene, (Book Form), Filing fee missing, Incomplete, (Printed version filed on 2024-03-21) | Director of Criminal and Penal Prosecutions |
| 2024-03-01 | Correspondence received from, (Letter Form), Information of co-counsel | His Majesty the King |
| 2024-02-28 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2024-02-28) | I.M. |
| 2024-02-28 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2024-02-28) | I.M. |
| 2024-02-28 | Appellant's book of authorities, (Book Form), 2 Volumes, Completed on: 2024-02-28, (Printed version filed on 2024-02-28) | I.M. |
| 2024-02-28 |
Appellant's record, (Book Form), PUB BAN and RESTRICTED 16 Volumes , Completed on: 2024-02-28, (Printed version filed on 2024-02-29) |
I.M. |
| 2024-02-28 | Appellant's factum, (Book Form), Completed on: 2024-02-28, (Printed version filed on 2024-02-29) | I.M. |
| 2023-12-27 | Certificate (on limitations to public access), (Letter Form), 23B-Notice of appeal, (Printed version filed on 2024-01-08) | I.M. |
| 2023-12-27 | Notice of appeal, (Letter Form), Completed on: 2023-12-29, (Printed version filed on 2024-01-08) | I.M. |
| 2023-11-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-11-23 | Judgment on leave sent to the parties | |
| 2023-11-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69422, 2023 ONCA 378, dated May 26, 2023, is granted. This appeal will be heard with S.B. v His Majesty the King (40873). Granted |
|
| 2023-10-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-10-10 | Certificate (on limitations to public access), 23B-Reply | I.M. |
| 2023-10-10 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2023-10-13, (Printed version filed on 2023-10-11) | I.M. |
| 2023-09-27 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2023-09-27 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2023-09-27 |
Respondent's response on the application for leave to appeal, (Book Form), RESTRICTED - Redacted full response filed (Rec'd 2024-02-02) REQUIRED Amended 23A/23B rec'd 2023-10-03, Completed on: 2023-10-06, (Printed version due on 2023-10-04) |
His Majesty the King |
| 2023-08-29 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-08-29 | |
| 2023-08-25 |
Certificate (on limitations to public access), - 23B - 23B - redacted copy (rec'd 2023-11-27) |
I.M. |
| 2023-08-25 | Certificate (on limitations to public access), 23A | I.M. |
| 2023-08-25 |
Application for leave to appeal, (Book Form), RESTRICTED - CA order filed on 2023-09-18 - Amended 23A/23B rec'd 2023-10-03 - Redacted copy rec'd 2023-11-27 REQUIRED: - Filing fee (rec'd 2023-09-05), Completed on: 2023-09-05, (Printed version filed on 2023-08-28) |
I.M. |
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 |
|---|---|---|
| I.M. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Director of Criminal and Penal Prosecutions | Intervener | Active |
| Justice for Children and Youth | Intervener | Active |
| Queen’s Prison Law Clinic | Intervener | Active |
| Criminal Lawyers’ Association (Ontario) | Intervener | Active |
| Peacebuilders Canada | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Canadian Muslim Lawyers Association | Intervener | Pending |
Counsel
Party: I.M.
Counsel
Nader R. Hasan
Stephen Alyward
Alexandra Heine
Stephen Alyward
Alexandra Heine
Stockwoods LLP
77 King Street West, Suite 4130
Toronto-Dominion Centre, TD North Tower
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
77 King Street West, Suite 4130
Toronto-Dominion Centre, TD North Tower
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
Agent
Maxine Vincelette
Juristes Power
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: His Majesty the King
Counsel
Alexander Alvaro
Justin Reid
Justin Reid
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5X 1K6
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: alexander.alvaro@ontario.ca
720 Bay Street
10th Floor
Toronto, Ontario
M5X 1K6
Telephone: (416) 326-4555
FAX: (416) 326-4656
Email: alexander.alvaro@ontario.ca
Party: Attorney General of Alberta
Counsel
Sarah Clive
Justice and Solicitor General
Appeals and Specialized Prosecutions Office
3rd Floor, Centrium Place, 300, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-8444
FAX: (403) 297-4311
Email: sarah.clive@gov.ab.ca
Appeals and Specialized Prosecutions Office
3rd Floor, Centrium Place, 300, 332-6 Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-8444
FAX: (403) 297-4311
Email: sarah.clive@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: Attorney General of Canada
Counsel
Ginette Gobeil
Roy Lee
Roy Lee
Procureur général du Canada
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 5e Étage, Tour Est
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 496-7372
Email: ginette.gobeil@justice.gc.ca
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 5e Étage, Tour Est
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 496-7372
Email: ginette.gobeil@justice.gc.ca
Agent
Bernard Letarte
Department of Justice Canada
National Litigation Sector
275 Sparks Street, St-Andrew Tower
Ottawa, Ontario
K1A 0H8
Telephone: (613) 294-6588
Email: SCCAgentCorrespondentCSC@justice.gc.ca
National Litigation Sector
275 Sparks Street, St-Andrew Tower
Ottawa, Ontario
K1A 0H8
Telephone: (613) 294-6588
Email: SCCAgentCorrespondentCSC@justice.gc.ca
Party: Canadian Civil Liberties Association
Counsel
Samara Secter
Cori Goldberger
Cori Singer
Cori Goldberger
Cori Singer
Addario Law Group LLP
500-30 Duncan St.
Toronto, Ontario
M5V 2C3
Telephone: (416) 649-5063
Email: ssecter@addario.ca
500-30 Duncan St.
Toronto, Ontario
M5V 2C3
Telephone: (416) 649-5063
Email: ssecter@addario.ca
Agent
Colleen Bauman
Goldblatt Partners LLP
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2459
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2459
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Justice for Children and Youth
Counsel
Mary Birdsell
Katherine Long
Jin Chien
Katherine Long
Jin Chien
Justice for Children and Youth
55 University Avenue, Suite 1500
Toronto, Ontario
M5J 2H7
Telephone: (416) 920-1633 Ext: 8229
FAX: (416) 920-5855
Email: mary.birdsell@jfcy.clcj.ca
55 University Avenue, Suite 1500
Toronto, Ontario
M5J 2H7
Telephone: (416) 920-1633 Ext: 8229
FAX: (416) 920-5855
Email: mary.birdsell@jfcy.clcj.ca
Agent
Catherine Ouellet
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2000
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0189
FAX: (613) 563-9869
Email: Catherine.Ouellet@gowlingwlg.com
160 Elgin Street
Suite 2000
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0189
FAX: (613) 563-9869
Email: Catherine.Ouellet@gowlingwlg.com
Party: British Columbia Civil Liberties Association
Counsel
Vincent Larochelle
Safiyya Ahmad
Safiyya Ahmad
Larochelle Law
4133 Fourth Avenue
Suite 201
Whitehorse, Yukon Territory
Y1A 1H8
Telephone: (867) 456-2325
Email: vincent@larochellelaw.ca
4133 Fourth Avenue
Suite 201
Whitehorse, Yukon Territory
Y1A 1H8
Telephone: (867) 456-2325
Email: vincent@larochellelaw.ca
Agent
Bijon Roy
Champ and Associates
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-4740
FAX: (613) 232-2680
Email: broy@champlaw.ca
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-4740
FAX: (613) 232-2680
Email: broy@champlaw.ca
Party: Peacebuilders Canada
Counsel
Stephanie DiGiuseppe
Maya Borooah
Maya Borooah
Henein Hutchison Robitaille LLP
235 King Street East
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000 Ext: 196
FAX: (416) 368-5000
Email: sdigiuseppe@hhllp.ca
235 King Street East
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000 Ext: 196
FAX: (416) 368-5000
Email: sdigiuseppe@hhllp.ca
Party: Queen’s Prison Law Clinic
Counsel
Annamaria Enenajor
Heather Gunter
Heather Gunter
Ruby Shiller Enenajor DiGiuseppe Barristers
197 Spadina Avenue
Suite 402
Toronto, Ontario
M5T 2C8
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: aenenajor@rubyshiller.com
197 Spadina Avenue
Suite 402
Toronto, Ontario
M5T 2C8
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: aenenajor@rubyshiller.com
Party: Canadian Muslim Lawyers Association
Counsel
Taufiq Hashmani
Heller Hunter Azevedo
212 King Street West, Suite 500
Toronto, Ontario
M5H 1K5
Telephone: (416) 863-9311
FAX: (416) 863-9365
Email: THashmani@HellerHunter.com
212 King Street West, Suite 500
Toronto, Ontario
M5H 1K5
Telephone: (416) 863-9311
FAX: (416) 863-9365
Email: THashmani@HellerHunter.com
Agent
Yavar Hameed
Hameed Law
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 627-2974
FAX: (613) 232-2680
Email: yhameed@hameedlaw.ca
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 627-2974
FAX: (613) 232-2680
Email: yhameed@hameedlaw.ca
Party: Criminal Lawyers’ Association (Ontario)
Counsel
Maija Martin
Jolene Hansell
Jolene Hansell
Martin Barristers
1100-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 883-2497
Email: maija@martincriminaldefence.ca
1100-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 883-2497
Email: maija@martincriminaldefence.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: Director of Criminal and Penal Prosecutions
Counsel
Julie Nadeau
Philippe Desjardins
Philippe Desjardins
Directeur des poursuites criminelles et pénales du Québec
Complexe Jules-Dallaire
2828, boulevard Laurier, Tour 1, Burreau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20844
FAX: (418) 644-3428
Email: julie.nadeau@dpcp.gouv.qc.ca
Complexe Jules-Dallaire
2828, boulevard Laurier, Tour 1, Burreau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20844
FAX: (418) 644-3428
Email: julie.nadeau@dpcp.gouv.qc.ca
Agent
Isabelle Bouchard
Directeur des poursuites criminelles et pénales du Québec
Palais de justice de Gatineau
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Palais de justice de Gatineau
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Sentencing — Young person sentenced as adult — Whether the Court of Appeal erred in sentencing a young person as an adult on the basis that Crown counsel rebutted the presumption of diminished moral blameworthiness under s. 72(1) of the Youth Criminal Justice Act, S.C. 2002, c. 1?<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.
(PUBLICATION BAN IN CASE) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The appellant participated in a planned robbery with intent to steal a firearm from a seventeen year old youth. He and his co-assailants attacked the victim outside his residence. They beat him and stabbed him. Their victim died from his wounds. The appellant and his co-assailants then entered the victim’s home, pistol-whipped the victim’s mother, and searched the home for firearms. The appellant was charged with first degree murder. He was seventeen years old at the time of the offence and was tried before a jury in Youth Justice Court. He conceded at trial that he was guilty of manslaughter because he willingly participated in a planned robbery. The jury convicted the appellant of first degree murder. The Crown applied to have the appellant sentenced as an adult. The sentencing judge granted the application and sentenced the appellant to life imprisonment without eligibility for parole for 10 years. The Court of Appeal dismissed an appeal from the sentencing decision.
Lower court rulings
July 31, 2020
Ontario Superior Court of Justice
2020 ONSC 4660, YC-14-613
Ontario Superior Court of Justice
2020 ONSC 4660, YC-14-613
Sentence of life imprisonment with 10 years parole ineligibility and lifelong parole
May 26, 2023
Court of Appeal for Ontario
2023 ONCA 378, C69422
Court of Appeal for Ontario
2023 ONCA 378, C69422
Appeals from conviction and sentence dismissed
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Date modified: 2025-03-06