Jamis Yusuf, et al. v. Her Majesty the Queen, et al.
(Ontario) (Criminal) (As of Right)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
|2021-02-09||Transcript received, 59 pages|
|2021-01-20||Formal judgment sent to the registrar of the court of appeal and all parties|
|2021-01-20||Judgment on appeal and notice of deposit of judgment sent to all parties|
|2021-01-19||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, Number C64551, 2020 ONCA 220, dated March 18, 2020, was heard on January 19, 2021, and the Court on that day delivered the following judgment orally:
MOLDAVER J. — This appeal comes to us as of right. The three appellants were convicted at trial on charges of assault causing bodily harm. Two of the appellants, Messrs. Jamis Yusuf and Jamal Yusuf, were also convicted of unlawful confinement.
Following the release of the trial judge’s reasons for judgment, the appellants moved for a stay of proceedings on the basis that their right to be tried within a reasonable time under s. 11(b) of the Canadian Charter of Rights and Freedoms was infringed. The trial judge agreed and stayed the proceedings against them. The Crown appealed from that order and in a unanimous decision, the Court of Appeal for Ontario, applying the appropriate standard of review, allowed the appeal and restored the convictions.
We agree with the Court of Appeal in the result and would accordingly dismiss the appeal.
In doing so, we have chosen to leave for another day various legal issues that arise from this Court’s decisions in R. v. Jordan, 2016 SCC 27,  1 S.C.R. 631, and R. v. Cody, 2017 SCC 31,  1 S.C.R. 659, including whether and in what circumstances multiple accused should be treated communally as opposed to individually when assessing defence delay under s. 11(b); whether discrete events as defined in Jordan attributable to a particular accused should be deducted only from the accused responsible for those events or be deducted communally from the co-accused as well; and whether a s. 11(b) application can be brought post conviction and if so, whether a remedy other than a stay of proceedings is available.
In this case, we are of the view that none of these legal issues, taken alone or together, would have affected the resolution of this appeal. Our decision to leave these legal issues to another day is influenced by several matters, including the absence of interveners who could shed light on them; the fact that this is a transitional case in which 70% of the trial was completed before the release of Jordan; and the lack of meaningful efforts on the part of the three accused to move the trial process ahead in cooperation with the Crown and the trial court. As the Court of Appeal observed, correctly in our view, this trial was by any measure uncomplicated. Based on the foregoing, no proper application of Jordan would have resulted in a stay here.
|2021-01-19||Hearing of the appeal, 2021-01-19, CJ Abe Mo Ka Côt Br Row Mar Kas
|2021-01-15||Appellant's condensed book, (Book Form), (Electronic version filed on 2021-01-18)||Jamis Yusuf|
|2021-01-15||Correspondence received from, (Letter Form), Correspondence regarding factual correction to the factum of the respondent, (Printed version due on 2021-01-22)||Her Majesty the Queen|
|2021-01-15||Respondent's condensed book, (Book Form), (Printed version filed on 2021-01-15)||Her Majesty the Queen|
|2021-01-14||Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties|
|2021-01-13||Correspondence received from, (Letter Form), Respondent consents to the filing of the Reply Factum. , (Printed version due on 2021-01-20)||Her Majesty the Queen|
|2021-01-13||Reply factum on appeal, (Book Form), Completed on: 2021-01-14, (Printed version filed on 2021-01-14)||Jamis Yusuf|
|2021-01-08||Correspondence received from, (Letter Form), Counsel for the respondent in this matter takes no position with respect to the appellants' request for increased time to present their oral argument. If the request is granted, the respondent would request a corresponding increase in time to respond to the submissions of the appellants.||Her Majesty the Queen|
|2021-01-08||Correspondence received from, (Letter Form), Agent for counsel for the appellants in this matter requests reconsideration of the time allotted to the three appellants for oral argument||Jamis Yusuf|
|2020-12-21||Notice of appearance, (Letter Form), Boris Bytensky and Brittany Smith will appear before the court, Boris Bytensky will present oral arguments.
received: amended notice of appearance 2021-01-15
|2020-12-21||Notice of appearance, (Letter Form), Michael W. Lacy and Bryan Badali will appear before the court, and will present oral arguments.||Aziz Pauls|
|2020-12-21||Notice of appearance, (Letter Form), Adam Little will appear before the court, and will present oral arguments.||Jamis Yusuf|
|2020-12-18||Notice of appearance, (Letter Form), Philippe Cowle will appear before the court, and will present oral arguments.||Her Majesty the Queen|
|2020-11-24||Notice of hearing sent to parties|
|2020-11-05||Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), the parties. Tentatively scheduled for January 19, 2021.|
|2020-11-05||Appeal hearing scheduled, 2021-01-19
|2020-10-26||Respondent's factum, (Book Form), Completed on: 2020-10-26||Her Majesty the Queen|
|2020-08-24||Appellant's record, (Book Form), (5 volumes), Joint Record of the appellants., Completed on: 2020-08-24, (Printed version filed on 2020-11-06)||Jamis Yusuf|
|2020-08-24||Certificate of counsel (attesting to record), (Letter Form)||Jamis Yusuf|
|2020-08-24||Appellant's factum, (Book Form), Joint Factum of the appellants., Completed on: 2020-08-24, (Printed version filed on 2020-11-06)||Jamis Yusuf|
|2020-07-03||Correspondence received from, (Letter Form), The Appellants; Appeal materials will be filed by August 24, 2020.||Jamis Yusuf|
|2020-04-22||Letter acknowledging receipt of a notice of appeal, FILE OPENED 04/22/20|
|2020-04-16||Certificate (on limitations to public access), (Letter Form)||Jamal Yusuf|
|2020-04-16||Notice of appeal, Completed on: 2020-04-16||Jamal Yusuf|
|2020-04-16||Certificate (on limitations to public access), (Letter Form)||Aziz Pauls|
|2020-04-16||Notice of appeal, (Letter Form), Completed on: 2020-04-16||Aziz Pauls|
|2020-04-16||Certificate (on limitations to public access), (Letter Form)||Jamis Yusuf|
|2020-04-16||Notice of appeal, (Letter Form), Completed on: 2020-04-16||Jamis Yusuf|
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