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.
41015
Awale Hussein 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) |
|---|---|---|
| 2025-02-06 | Transcript received, Paper copies received 02-10-2025 | |
| 2025-01-23 | Judgment reserved OR rendered with reasons to follow | |
| 2025-01-23 | Hearing of the appeal, 2025-01-23, CJ Ka Côt Row Mar Kas Ja Ob Mor | |
| 2025-01-21 | Respondent's condensed book, (Book Form), (Printed version filed on 2025-01-21) | His Majesty the King |
| 2025-01-21 | Appellant's condensed book, (Book Form), (Printed version filed on 2025-01-21) | Awale Hussein |
| 2025-01-21 | Intervener's condensed book, (Book Form), (Printed version filed on 2025-01-21) | Trial Lawyers Association of British Columbia |
| 2025-01-20 | Intervener's condensed book, (Book Form), (Printed version filed on 2025-01-21) | Canadian Association of Black Lawyers |
| 2025-01-17 | Intervener's condensed book, (Book Form), (Printed version filed on 2025-01-17) | Director of Criminal and Penal Prosecutions |
| 2024-12-20 |
Notice of appearance, Kevin Rawluk and Manasvin Goswami will appear before the Court. Kevin Rawluk will present oral argument. |
His Majesty the King |
| 2024-12-18 |
Notice of appearance, (Letter Form), Julie Nadeau and Karine Therrien will appear before the Court. Julie Nadeau will present oral argument. , (Printed version filed on 2024-12-19) |
Director of Criminal and Penal Prosecutions |
| 2024-12-13 |
Notice of appearance, Julianna Greenspan et Anna Zhang and will appear before the Court. Julianna Greenspan will present oral argument. |
Criminal Lawyers' Association (Ontario) |
| 2024-12-13 |
Notice of appearance, Tony C. Paisana and Patrick Mueller will appear before the Court. Tony C. Paisana will present oral argument. |
Trial Lawyers Association of British Columbia |
| 2024-12-11 |
Notice of appearance, Matthew Gourlay, Brandon Chung and Peter Sankoff will appear before the Court. Matthew Gourlay and Peter Sankoff will present oral argument. |
Awale Hussein |
| 2024-12-11 |
Notice of appearance, Lisa Mathews and Mark Covan will appear before the Court. that Lisa Mathews will present oral argument. |
Director of Public Prosecutions |
| 2024-12-03 |
Reply factum on appeal, (Book Form), Missing: -Proof of service, Completed on: 2024-12-03, (Printed version filed on 2024-12-05) |
His Majesty the King |
| 2024-12-03 | Reply factum on appeal, (Book Form), Completed on: 2024-12-03 | Awale Hussein |
| 2024-11-20 |
Notice of appearance, Rebecca A. McConchie will appear before the Court. Rebecca A. McConchie will present oral argument. |
Independent Criminal Defense Advocacy Society |
| 2024-11-19 |
Intervener's factum, (Book Form), Missing: - Proof of service (Rec'd 11-21-2024), Completed on: 2024-11-21, (Printed version filed on 2024-11-22) |
Criminal Lawyers' Association (Ontario) |
| 2024-11-19 | Intervener's factum, (Book Form), Completed on: 2024-11-19, (Printed version filed on 2024-11-21) | Director of Criminal and Penal Prosecutions |
| 2024-11-19 | Intervener's factum, (Book Form), Completed on: 2024-11-19, (Printed version filed on 2024-11-19) | Director of Public Prosecutions |
| 2024-11-18 | Intervener's factum, (Book Form), Incomplete, (Printed version filed on 2024-11-22) | Independent Criminal Defense Advocacy Society |
| 2024-11-18 |
Intervener's book of authorities, (Book Form), Missing: - Proof of service (Rec'd 11-20-2024), Completed on: 2024-11-20, (Printed version filed on 2024-11-19) |
Trial Lawyers Association of British Columbia |
| 2024-11-18 |
Intervener's factum, (Book Form), Missing: - Proof of service (Rec'd 11-20-2024), Completed on: 2024-11-20 |
Trial Lawyers Association of British Columbia |
| 2024-11-18 |
Intervener's factum, Missing: - Proof of service (Rec'd 11-19-2024), Completed on: 2024-11-19, (Printed version filed on 2024-11-19) |
Canadian Association of Black Lawyers |
| 2024-11-18 |
Notice of appearance, Theresa Donkor and Chris Rudnicki will appear before the Court. Theresa Donkor will present oral argument. , (Printed version filed on 2024-11-19) |
Canadian Association of Black Lawyers |
| 2024-11-06 | Notice of hearing sent to parties | |
| 2024-11-06 | Appeal hearing scheduled, 2025-01-23 | |
| 2024-10-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2024-10-09 | Order on motion for leave to intervene, By THE CHIEF JUSTICE | |
| 2024-10-09 |
Decision on the motion for leave to intervene, CJ, UPON APPLICATIONS by the Director of Public Prosecutions; the Director of Criminal and Penal Prosecutions; the Independent Criminal Defense Advocacy Society; the Trial Lawyers Association of British Columbia; the Canadian Association of Black Lawyers and the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal; AND UPON APPLICATION by the Criminal Lawyers’s Association (Ontario) for an order extending the time to serve and file its motion for leave to intervene; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for extension of time is granted. The motions for leave to intervene are granted and the six (6) interveners shall each be entitled to serve and file a single factum not to exceed ten (10) pages in length and a book of authorities, if any, on or before November 19, 2024, and are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The appellant 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 December 3, 2024. 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 appellant and the respondent any additional disbursements resulting from their interventions. Judgment accordingly |
|
| 2024-10-09 | Submission of motion for leave to intervene, CJ | |
| 2024-10-04 | Respondent's factum, (Book Form), Completed on: 2024-10-04, (Printed version filed on 2024-10-08) | His Majesty the King |
| 2024-09-18 | Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2024-09-18, (Printed version due on 2024-09-25) | Awale Hussein |
| 2024-09-18 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-09-18, (Printed version due on 2024-09-25) | Awale Hussein |
| 2024-09-18 | Response to the motion for leave to intervene, (Letter Form), to motion to intervene & Extension of time, Completed on: 2024-09-18, (Printed version due on 2024-09-25) | His Majesty the King |
| 2024-09-17 | Notice of name | Criminal Lawyers' Association (Ontario) |
| 2024-09-17 | Motion for leave to intervene, (Book Form), Completed on: 2024-09-18, (Printed version due on 2024-09-24) | Criminal Lawyers' Association (Ontario) |
| 2024-09-16 | Response to motion to extend time, (Letter Form), Completed on: 2024-09-18, (Printed version due on 2024-09-23) | His Majesty the King |
| 2024-09-13 |
Motion to extend time, (Book Form), to file motion to intervene , Completed on: 2024-09-18, (Printed version due on 2024-09-20) |
Criminal Lawyers' Association (Ontario) |
| 2024-09-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-09-18, (Printed version filed on 2024-09-13) | Awale Hussein |
| 2024-09-13 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2024-09-18, (Printed version due on 2024-09-20) | His Majesty the King |
| 2024-09-06 | Notice of name | Canadian Association of Black Lawyers |
| 2024-09-06 | Motion for leave to intervene, (Book Form), Completed on: 2024-09-09, (Printed version filed on 2024-09-09) | Canadian Association of Black Lawyers |
| 2024-09-06 | Motion for leave to intervene, (Book Form), Completed on: 2024-09-09, (Printed version filed on 2024-09-10) | Director of Public Prosecutions |
| 2024-09-06 | Motion for leave to intervene, (Book Form), Completed on: 2024-09-09, (Printed version filed on 2024-09-10) | Independent Criminal Defense Advocacy Society |
| 2024-09-06 | Notice of name | Independent Criminal Defense Advocacy Society |
| 2024-09-05 | Motion for leave to intervene, (Book Form), Completed on: 2024-09-09, (Printed version filed on 2024-09-05) | Trial Lawyers Association of British Columbia |
| 2024-09-05 | Notice of name | Trial Lawyers Association of British Columbia |
| 2024-09-05 | Other book of authorities, (Book Form), re: motion to intervene, Completed on: 2024-09-09, (Printed version filed on 2024-09-05) | Trial Lawyers Association of British Columbia |
| 2024-08-30 | Motion for leave to intervene, (Book Form), Completed on: 2024-09-09, (Printed version filed on 2024-08-30) | Director of Criminal and Penal Prosecutions |
| 2024-08-09 | Certificate of counsel (attesting to record), 24A, (Printed version filed on 2024-08-15) | Awale Hussein |
| 2024-08-09 | Appellant's record, (Book Form), 7 Volumes, Completed on: 2024-08-09, (Printed version filed on 2024-08-15) | Awale Hussein |
| 2024-08-09 | Appellant's factum, (Book Form), Completed on: 2024-08-07, (Printed version filed on 2024-08-15) | Awale Hussein |
| 2024-05-28 | Order on motion to extend time, by CHANTAL CARBONNEAU | |
| 2024-05-28 |
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 to August 9, 2024. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted Granted |
|
| 2024-05-28 | Submission of motion to extend time, Reg | |
| 2024-05-22 | Response to motion to extend time, (Letter Form), (Included in the motion to extend time), Completed on: 2024-05-23, (Printed version due on 2024-05-29) | His Majesty the King |
| 2024-05-22 |
Motion to extend time, (Book Form), to serve and file Appellant's factum, record and book of authorities , Completed on: 2024-05-24, (Printed version filed on 2024-05-22) |
Awale Hussein |
| 2024-04-08 | Notice of appeal, (Letter Form), Completed on: 2024-04-08, (Printed version filed on 2024-04-11) | Awale Hussein |
| 2024-03-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-03-07 | Judgment on leave sent to the parties | |
| 2024-03-07 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2024-03-07 |
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 C68844, 2023 ONCA 253, dated April 14, 2023, is granted. Granted |
|
| 2024-01-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-29 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-01-12 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-01-15, (Printed version filed on 2024-01-18) | Awale Hussein |
| 2024-01-02 |
Certificate (on limitations to public access), (Letter Form), Missing; -Proof of service-rec'd 01/02/2024, (Printed version filed on 2024-01-04) |
His Majesty the King |
| 2024-01-02 |
Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), Missing; -Proof of service-rec'd 01/02/2024, Completed on: 2024-01-02, (Printed version filed on 2024-01-04) |
His Majesty the King |
| 2024-01-02 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service-rec'd 01/02/2024, Completed on: 2024-01-02, (Printed version filed on 2024-01-04) |
His Majesty the King |
| 2023-11-28 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-11-28 | |
| 2023-11-23 | Certificate (on limitations to public access), 23A | Awale Hussein |
| 2023-11-23 | Book of authorities, (Book Form), Completed on: 2023-11-28, (Printed version filed on 2023-11-28) | Awale Hussein |
| 2023-11-23 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2023-12-06, (Printed version filed on 2023-11-28) | Awale Hussein |
| 2023-11-23 | Application for leave to appeal, (Book Form), Completed on: 2023-12-06, (Printed version filed on 2023-11-28) | Awale Hussein |
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 |
|---|---|---|
| Hussein, Awale | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Criminal and Penal Prosecutions | Intervener | Active |
| Trial Lawyers Association of British Columbia | Intervener | Active |
| Independent Criminal Defense Advocacy Society | Intervener | Active |
| Director of Public Prosecutions | Intervener | Active |
| Canadian Association of Black Lawyers | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
Counsel
Party: Hussein, Awale
Counsel
Matthew R. Gourlay
Brandon Chung
Peter Sankoff
Brandon Chung
Peter Sankoff
Henein Hutchison Robitaille LLP
235 King Street East
First Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mgourlay@hhllp.ca
235 King Street East
First Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 368-5000
FAX: (416) 368-6640
Email: mgourlay@hhllp.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: His Majesty the King
Counsel
Kevin Rawluk
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: kevin.rawluk@ontario.ca
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: kevin.rawluk@ontario.ca
Party: Director of Criminal and Penal Prosecutions
Counsel
Julie Nadeau
Karine Therrien
Karine Therrien
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
Party: Trial Lawyers Association of British Columbia
Counsel
Tony C. Paisana
Patrick H. Mueller
Patrick H. Mueller
Peck and Company
610-744 Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: TPaisana@peckandcompany.ca
610-744 Hastings Street
Vancouver, British Columbia
V6C 1A5
Telephone: (604) 669-0208
FAX: (604) 669-0616
Email: TPaisana@peckandcompany.ca
Agent
Jean-Simon Schoenholz
Norton Rose Fulbright Canada LLP
1500-45 O’Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
1500-45 O’Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-1537
FAX: (613) 230-5459
Email: jean-simon.schoenholz@nortonrosefulbright.com
Party: Independent Criminal Defense Advocacy Society
Counsel
Rebecca A. McConchie
McConchie Criminal Law
1200 - 1111 Melville Street
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 813-7464
FAX: (888) 974-8131
Email: rebecca@mcconchie.ca
1200 - 1111 Melville Street
Vancouver, British Columbia
V6E 3V6
Telephone: (604) 813-7464
FAX: (888) 974-8131
Email: rebecca@mcconchie.ca
Party: Director of Public Prosecutions
Counsel
Lisa Mathews
Mark Covan
Mark Covan
Public Prosecution Service of Canada
Exchange Tower
130 King Street West, Suite 2400, Box 340
Toronto, Ontario
M5X 2A2
Telephone: (416) 906-6713
FAX: (416) 973-8253
Email: Lisa.Mathews@ppsc-sppc.gc.ca
Exchange Tower
130 King Street West, Suite 2400, Box 340
Toronto, Ontario
M5X 2A2
Telephone: (416) 906-6713
FAX: (416) 973-8253
Email: Lisa.Mathews@ppsc-sppc.gc.ca
Agent
Éric Marcoux
Public Prosecution Service of Canada
160 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca
160 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca
Party: Canadian Association of Black Lawyers
Counsel
Chris Rudnicki
Theresa Donkor
Theresa Donkor
Rudnicki & Company
36 Lombard Street, Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (416) 629-4800 Ext: 101
FAX: (416) 628-1636
Email: chris@rudnickilaw.com
36 Lombard Street, Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (416) 629-4800 Ext: 101
FAX: (416) 628-1636
Email: chris@rudnickilaw.com
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: Criminal Lawyers' Association (Ontario)
Counsel
Julianna A. Greenspan
Anna Zhang
Anna Zhang
Greenspan Partners LLP
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: JGreenspan@144king.com
144 King Street East
Toronto, Ontario
M5C 1G8
Telephone: (416) 366-3961
FAX: (416) 366-7994
Email: JGreenspan@144king.com
Summary
Keywords
Criminal law — Evidence — Prior convictions — Should the test for admitting a testifying accused’s criminal record into evidence at trial be modified and if so, what is the appropriate test — Whether the trial judge erred in failing to exclude the accused’s criminal record?<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 friends spent a night drinking heavily in a basement apartment, Mr. Boucher was fatally stabbed multiple times in a bedroom. No one witnessed the stabbing. Mr. Hussein was charged with second degree murder and tried before a jury. He testified at trial. Defence counsel brought an application to prevent or restrict the Crown from cross-examining Mr. Hussein on his extensive criminal record. The trial judge dismissed the application. In cross-examination of Mr. Hussein, Crown counsel raised his criminal record. The trial judge instructed the jury on the use it could make of Mr. Hussein’s criminal record. The jury convicted Mr. Hussein of second degree murder. The Court of Appeal dismissed an appeal from the conviction.
Lower court rulings
June 6, 2019
Ontario Superior Court of Justice
C67310
Ontario Superior Court of Justice
C67310
Conviction by jury for second degree murder
April 14, 2023
Court of Appeal for Ontario
2023 ONCA 253, C68844
Court of Appeal for Ontario
2023 ONCA 253, C68844
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.
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Date modified: 2025-02-27