Docket

38861

Her Majesty the Queen in Right of Canada v. Chiheb Esseghaier, et al.

(Ont.) (Criminal) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2020-10-30 Transcript received, Joint with 39062-246 pages
2020-10-08 Formal judgment sent to the registrar of the court of appeal and all parties
2020-10-08 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-10-07 Judgment reserved OR rendered with reasons to follow
2020-10-07 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal for Ontario, Numbers C61095 and C61185, 2019 ONCA 672, dated August 27, 2019, was heard on October 7, 2020, and the Court on that day delivered the following judgment orally:

THE CHIEF JUSTICE — The Court is of the view that the curative proviso at s. 686(1)(b)(iv) of the Criminal Code, R.S.C. 1985, c. C-46, applies. The appeal is allowed. The matter is remitted to the Court of Appeal to address the remaining grounds of appeal. Reasons to follow.
Allowed
2020-10-07 Hearing of the appeal, 2020-10-07, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment rendered
2020-10-05 Respondent's condensed book, (Book Form), Condensed book filed jointly by Respondents, Chiheb Esseghaier and Raed Jaser Chiheb Esseghaier
2020-10-05 Appellant's condensed book, (Book Form) Her Majesty the Queen in Right of Canada
2020-10-01 Intervener's condensed book, (Book Form) Attorney General of Ontario
2020-09-30 Notice of appearance, (Letter Form), Andrew Barg will appear before the Court on behalf of the intervener (AGA). Attorney General of Alberta
2020-09-23 Notice of appearance, (Letter Form), Nathan Gorham will appear before the Court on behalf of the intervener (CLA). Nathan Gorham will present oral argument at the hearing. Criminal Lawyers' Association (Ontario)
2020-09-23 Notice of appearance, (Letter Form), Megan Savard and Riaz Sayani will appear before the Court on behalf of the respondent (RJ). Megan Savard will present oral argument at the hearing.

rec'd: amended notice of appearance 2020/09/30
Raed Jaser
2020-09-22 Notice of appearance, (Letter Form), Erin Dann and Sarah Weinberger will appear before the Court on behalf of the respondent (CE). Erin Dann will present oral argument at the hearing.

rec'd: amended notice of appearance 2020/09/30
Chiheb Esseghaier
2020-09-22 Notice of appearance, (Letter Form), Kevin Wilson and Amber Pashuk will appear before the Court on behalf of the Appellant (HMTQ). Kevin Wilson and Amber Pashuk will present oral argument at the hearing. Her Majesty the Queen in Right of Canada
2020-09-14 Intervener's book of authorities, (Book Form), Completed on: 2020-09-14 Attorney General of Alberta
2020-09-14 Intervener's factum, (Book Form), Completed on: 2020-09-14 Attorney General of Alberta
2020-09-14 Intervener's factum, (Book Form), Completed on: 2020-09-14, (Printed version filed on 2020-09-15) Criminal Lawyers' Association (Ontario)
2020-09-10 Intervener's factum, (Book Form), Completed on: 2020-09-10, (Printed version filed on 2020-09-11) Attorney General of Ontario
2020-09-10 Notice of appearance, (Letter Form), 'Michael Perlin will appear before the Court on behalf of the intervener (DB). Michael Perlin will present oral argument at the hearing.

rec'd: amended notice of appearance 2020/09/29
Attorney General of Ontario
2020-09-02 Notice of hearing sent to parties
2020-09-01 Respondent's record, (Book Form), (2 volumes), Respondents' Joint Record: filed by Chiheb Esseghaier and Raed Jaser, Completed on: 2020-09-01 Chiheb Esseghaier
2020-09-01 Certificate of counsel (attesting to record), (Letter Form), 24B Raed Jaser
2020-09-01 Certificate (on limitations to public access), (Letter Form), 23B-Factum & Record Raed Jaser
2020-09-01 Respondent's factum, (Book Form), Completed on: 2020-09-01, (Printed version filed on 2020-09-02) Raed Jaser
2020-09-01 Certificate of counsel (attesting to record), (Letter Form), 24B Chiheb Esseghaier
2020-09-01 Certificate (on limitations to public access), (Letter Form), 23B-Factum & Record Chiheb Esseghaier
2020-09-01 Respondent's factum, (Book Form), Completed on: 2020-09-01, (Printed version filed on 2020-09-02) Chiheb Esseghaier
2020-08-25 Appeal hearing scheduled, 2020-10-07, In order for the appeal to proceed on October 7, 2020, the filing schedule will be as follows:

a) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before August 12, 2020.

b) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before August 4, 2020.

c) The appellants and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before August 11, 2020.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before August 13, 2020.

e) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before September 14, 2020.

Judgment rendered
2020-08-12 Order on motion for leave to intervene, by MARTIN J.
2020-08-12 Decision on the motion for leave to intervene, Mar,
UPON APPLICATIONS by the Attorney General of Ontario, the Attorney General of Alberta and the Criminal Lawyers’ Association (Ontario) 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. The said three (3) interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before September 14, 2020.

The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

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 respondents any additional disbursements resulting from their interventions.

Granted
2020-08-12 Submission of motion for leave to intervene, Mar
2020-08-10 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-08-10, (Printed version due on 2020-08-17) Chiheb Esseghaier
2020-08-07 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-08-07, (Printed version due on 2020-08-14) Her Majesty the Queen in Right of Canada
2020-08-04 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-08-11)
Criminal Lawyers' Association (Ontario)
2020-07-16 Correspondence received from, (Letter Form), Moira S. Dillon
The respondents will not be filing a response to the motions for leave to intervene filed by the Attorney General of Ontario and Attorney General of Alberta., (Printed version due on 2020-07-23)
Chiheb Esseghaier
2020-07-15 Motion for leave to intervene, (Book Form),
MSSING: filing fee, Incomplete, (Printed version due on 2020-07-22)
Attorney General of Alberta
2020-07-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email to all parties on July 15, 2020)
2020-07-13 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-07-20)
Attorney General of Ontario
2020-06-17 Certificate of counsel (attesting to record), (Letter Form), 24A Her Majesty the Queen in Right of Canada
2020-06-17 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen in Right of Canada
2020-06-17 Appellant's record, (Book Form), (5 volumes), Completed on: 2020-06-17, (Printed version filed on 2020-09-03) Her Majesty the Queen in Right of Canada
2020-06-17 Appellant's factum, (Book Form), Completed on: 2020-06-17, (Printed version filed on 2020-09-03) Her Majesty the Queen in Right of Canada
2020-05-04 Notice of change of counsel, (Letter Form), change of co-counsel for the applicant Her Majesty the Queen in Right of Canada
2020-04-08 Order on miscellaneous motion, by Justice Brown (sent to paries by email)
2020-04-08 Decision on miscellaneous motion, Br, UPON APPLICATION by the respondents, Chiheb Esseghaier and Raed Jaser, for an order pursuant to s. 43(1.1) or s. 46(1) of the Supreme Court Act to remand this appeal to the Court of Appeal for Ontario;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is dismissed.

Dismissed
2020-04-08 Submission of miscellaneous motion, Br
2020-03-13 Response to miscellaneous motion, (Letter Form), Completed on: 2020-03-13 Her Majesty the Queen in Right of Canada
2020-03-06 Notice of appeal, (Letter Form), Completed on: 2020-03-06 Her Majesty the Queen in Right of Canada
2020-03-05 Certificate (on limitations to public access), (Letter Form), 23B Chiheb Esseghaier
2020-03-05 Notice of miscellaneous motion, (Book Form), to remand this appeal to the Court of Appeal for Ontario, Completed on: 2020-03-05, (Electronic version filed on 2020-03-05) Chiheb Esseghaier
2020-02-27 Correspondence (sent by the Court) to, the parties. Letter from Registrar.
2020-02-26 Correspondence received from, (Letter Form), counsel for the respondents. RE: Request to adjourn the hearing of the appeal. Chiheb Esseghaier
2020-02-25 Correspondence received from, (Letter Form), agent for the appellant. RE: request to adjourn hearing of the appeal. Her Majesty the Queen in Right of Canada
2020-02-25 Correspondence received from, (Letter Form), counsel for both respondents. Request to adjourn the hearing of the appeal. Chiheb Esseghaier
2020-02-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-02-21 Judgment on leave sent to the parties
2020-02-20 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, Numbers C61095 and C61185, 2019 ONCA 672, dated August 27, 2019, is granted.
Granted
2020-01-13 All materials on application for leave submitted to the Judges, for consideration by the Court
2019-11-29 Certificate (on limitations to public access), (Letter Form), 23B Raed Jaser
2019-11-29 Certificate (on limitations to public access), (Letter Form), 23A Raed Jaser
2019-11-29 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-11-29 Raed Jaser
2019-11-29 Certificate (on limitations to public access), (Letter Form), 23B Chiheb Esseghaier
2019-11-29 Certificate (on limitations to public access), (Letter Form), 23A Chiheb Esseghaier
2019-11-29 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-11-29 Chiheb Esseghaier
2019-10-31 Correspondence received from, (Letter Form), Change of contact information of counsels. Her Majesty the Queen in Right of Canada
2019-10-30 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2019-10-30
2019-10-24 Correspondence received from, (Letter Form), Orders (X5) Her Majesty the Queen in Right of Canada
2019-10-11 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty the Queen in Right of Canada
2019-10-11 Certificate (on limitations to public access), (Letter Form), 23A Her Majesty the Queen in Right of Canada
2019-10-11 Application for leave to appeal, (Book Form), MISSING: CA Orders (rec'd 2019-10-24) , Completed on: 2019-11-04 Her Majesty the Queen in Right of Canada