Docket

39277

Tamim Albashir v. Her Majesty the Queen

(British Columbia) (Criminal) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2021-12-23 Appeal closed
2021-11-19 Formal judgment sent to the registrar of the court of appeal and all parties
2021-11-19 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-11-19 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 British Columbia (Vancouver), Number CA45122, 2020 BCCA 160, dated June 8, 2020, heard on May 14, 2021, is dismissed. Brown and Rowe JJ. dissent.
Dismissed
2021-06-09 Transcript received, 96 pages
2021-05-18 General proceeding, (Letter Form), Case sensitivity questionnaire, (Printed version due on 2021-05-26) Her Majesty the Queen
2021-05-18 General proceeding, (Letter Form), Case sensitivity questionnaire, (Printed version due on 2021-05-26) Tamim Albashir
2021-05-14 Judgment reserved OR rendered with reasons to follow
2021-05-14 Hearing of the appeal, 2021-05-14, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2021-05-14 Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book, (Printed version due on 2021-05-21) Her Majesty the Queen
2021-05-13 Appellant's condensed book, (Book Form), (Printed version due on 2021-05-20) Tamim Albashir
2021-05-12 Intervener's condensed book, (Book Form), (Printed version filed on 2021-05-12) Attorney General of Ontario
2021-05-12 Intervener's condensed book, (Book Form), (Printed version filed on 2021-05-12) Attorney General of Canada
2021-05-11 Intervener's condensed book, (Book Form), (Electronic version filed on 2021-05-13) Attorney General of Quebec
2021-05-11 Respondent's condensed book, (Book Form), (Electronic version filed on 2021-05-12) Her Majesty the Queen
2021-05-04 Correspondence received from, (Letter Form), Joint letter from counsel for Albashir and Mohsenipour requesting additional speaking time , (Printed version due on 2021-05-11) Tamim Albashir
2021-04-29 Notice of appearance, (Letter Form), Eric Purtzki and Alix Tolliday will appear before the court, Eric Purtzki will present oral arguments. , (Printed version due on 2021-05-06) Tamim Albashir
2021-04-23 Notice of appearance, Michael S. Dunn will appear before the court, and will present oral arguments. Attorney General of Ontario
2021-04-23 Intervener's book of authorities, (Book Form), Completed on: 2021-04-28, (Printed version filed on 2021-04-23) Attorney General of Ontario
2021-04-23 Intervener's factum - AG on constitutional question, (Book Form), Joint with 39278 , Completed on: 2021-04-28, (Printed version filed on 2021-04-23) Attorney General of Ontario
2021-04-23 Intervener's book of authorities, (Book Form), Joint with 39278, Completed on: 2021-04-23, (Printed version filed on 2021-04-23) Attorney General of Canada
2021-04-23 Intervener's factum - AG on constitutional question, (Book Form), Joint with 39278, Completed on: 2021-04-23, (Printed version filed on 2021-04-23) Attorney General of Canada
2021-04-22 Intervener's book of authorities, (Book Form), Joint with 39278, Completed on: 2021-04-23, (Electronic version filed on 2021-04-23) Attorney General of Quebec
2021-04-21 Intervener's factum - AG on constitutional question, (Book Form), Joint with 39278, Completed on: 2021-04-23, (Printed version filed on 2021-04-22) Attorney General of Quebec
2021-04-20 Notice of appearance, Lara Vizsolyi, and Janet Dickie will appear before the court. Ms. Vizsolyi will present oral arguments. Her Majesty the Queen
2021-04-20 Notice of appearance, Fiona Émond will appear before the court, and will present oral arguments. Attorney General of Quebec
2021-04-14 Notice of appearance, Anne M. Turley will appear before the court, and will present oral arguments. Attorney General of Canada
2021-03-02 Notice of change of counsel, (Letter Form), (Printed version due on 2021-03-09) Attorney General of Canada
2021-03-02 Certificate (on limitations to public access), Form 23B Her Majesty the Queen
2021-03-02 Respondent's book of authorities, (Book Form), joined with 39278, Completed on: 2021-03-11, (Printed version due on 2021-03-09) Her Majesty the Queen
2021-03-02 Respondent's factum, (Book Form), REQUIRED: Amended cover page, Incomplete, (Printed version due on 2021-03-09) Her Majesty the Queen
2021-02-18 Notice of hearing sent to parties
2021-02-18 Appeal hearing scheduled, 2021-05-14
Judgment reserved
2021-02-02 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), by email on 2021-02-03
2021-01-20 Notice of intervention respecting a constitutional question, (Letter Form),
MISSING: proof of service (received 2021-01-21), Completed on: 2021-01-21, (Printed version due on 2021-01-27)
Attorney General of Canada
2021-01-20 Notice of intervention respecting a constitutional question, (Letter Form), Joint with 39278, Completed on: 2021-01-20, (Printed version due on 2021-01-27) Attorney General of Quebec
2021-01-20 Order on motion to extend time, by KARAKATSANIS J.
2021-01-20 Decision on motion to extend time, Joint with 39278, Ka,
UPON APPLICATION by the respondent for an order extending the time to serve and file its notice of constitutional question to December 11, 2020;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Any intervener referred to in subparagraph 22(3)(c)(iii) of the Rules of the Supreme Court of Canada shall serve and file its respective factum, if any, and book of authorities, if any, on or before April 23, 2021.

The requests by the appellant for permission to serve and file reply factums are dismissed.

Granted
2021-01-20 Submission of motion to extend time, Ka
2021-01-08 Notice of intervention respecting a constitutional question, (Letter Form), Joint with 39278, Completed on: 2021-01-08, (Printed version due on 2021-01-15) Attorney General of Ontario
2020-12-22 Certificate (on limitations to public access), (Letter Form), 23B-Supplemental Factum, (Printed version due on 2020-12-31) Tamim Albashir
2020-12-22 Supplemental factum, (Book Form), Completed on: 2021-01-26, (Printed version filed on 2020-12-22) Tamim Albashir
2020-12-22 Response to motion to extend time, (Letter Form), Completed on: 2020-12-22, (Printed version due on 2020-12-31) Tamim Albashir
2020-12-14 Motion to extend time, (Book Form), Joint with 39278 - to serve and file a notice of constitutional questions.
MISSING:
1) proof of service (received 2020-12-15)
2) filing fee
, Incomplete, (Printed version due on 2020-12-21)
Her Majesty the Queen
2020-12-10 Order on miscellaneous motion, by WAGNER CJ
2020-12-10 Decision on miscellaneous motion,
see order on motion to adjourn the hearing of the appeal, CJ
Granted
2020-12-10 Submission of miscellaneous motion, CJ
2020-12-10 Order on motion to adjourn the hearing of the appeal, by WAGNER CJ.
2020-12-10 Decision on motion to adjourn the hearing of the appeal, CJ, JOINT WITH 39278

UPON APPLICATIONS by the appellants for an adjournment of the hearings scheduled for February 17, 2021, pursuant to Rule 7 of the Rules of the Supreme Court of Canada, and for an order granting the filing of a supplementary factum;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions are granted.

The hearings are adjourned and the appeals are traversed to the 2021 Spring session. The Registrar shall fix a new tentative hearing date.

The appellants shall be entitled to serve and file a single supplemental joint factum not to exceed ten (10) pages in length on or before December 22, 2020.

The respondents’ record(s), factum(s) and book(s) of authorities, if any, shall be served and filed on or before March 2, 2021.

Granted
2020-12-10 Submission of motion to adjourn the hearing of the appeal, CJ
2020-12-02 Response to miscellaneous motion, (Letter Form), (Included in the response to the motion to adjourn the hearing of the appeal), Completed on: 2020-12-02, (Printed version due on 2020-12-09) Her Majesty the Queen
2020-12-02 Response to the motion to adjourn the hearing of the appeal, (Letter Form), Completed on: 2020-12-02, (Printed version due on 2020-12-09) Her Majesty the Queen
2020-12-02 Notice of miscellaneous motion, (Book Form), (Included in the motion to adjourn the hearing of the appeal),
To serve and file a supplemental factum., Completed on: 2020-12-02, (Printed version due on 2020-12-09)
Tamim Albashir
2020-12-02 Motion to adjourn the hearing of the appeal, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-12-09)
Tamim Albashir
2020-11-24 Notice of hearing sent to parties
2020-11-20 Appellant's book of authorities, (Book Form), Joint Appellants' Book of Authorities, Completed on: 2021-04-30, (Printed version due on 2020-11-27) Tamim Albashir
2020-11-20 Certificate (on limitations to public access), (Letter Form), 23B Tamim Albashir
2020-11-20 Certificate of counsel (attesting to record), (Letter Form), Joint with 39278 Tamim Albashir
2020-11-20 Appellant's record, (Book Form), Joint with 39278, Completed on: 2020-11-20 Tamim Albashir
2020-11-20 Appellant's factum, (Book Form), Completed on: 2020-11-20 Tamim Albashir
2020-11-10 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), the parties. Tentatively scheduled for February 17, 2021.
2020-11-10 Appeal hearing adjourned
2020-11-06 Correspondence (sent by the Court) to, all parties, by Acting Registrar, Re: extension of time approved
2020-11-03 Correspondence received from, Michael Sobkin, Re: request extension for appellants' factums Tamim Albashir
2020-08-17 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2020/08/17
2020-08-07 Certificate (on limitations to public access), (Letter Form), 23B Tamim Albashir
2020-08-07 Certificate (on limitations to public access), (Letter Form), 23A Tamim Albashir
2020-08-07 Notice of appeal, (Book Form), Completed on: 2020-08-07 Tamim Albashir