Case information
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30857
Her Majesty the Queen v. Ramnarine Khelawon
(Ontario) (Criminal) (As of Right / 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) |
|---|---|---|
| 2006-12-19 | Appeal closed | |
| 2006-12-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-12-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-12-14 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal for Ontario, Number C38427, dated February 28, 2005, heard on December 16, 2005, is dismissed. Dismissed |
|
| 2006-09-15 | Correspondence received from, Tim Breen by e-mail dated Sept. 14/06 | Ramnarine Khelawon |
| 2006-09-13 | Correspondence received from, Robert E. Houston, Q.C. dated Sept. 13/06 with a decision in the BC Supreme Court in R. v. Adam et al. (sent to Court Sept. 18/06) | Attorney General of British Columbia |
| 2006-01-11 | Transcript received, (75 pages) | |
| 2005-12-16 | Judgment reserved OR rendered with reasons to follow | |
| 2005-12-16 | Acknowledgement and consent for video taping of proceedings, from all parties. | |
| 2005-12-16 |
Hearing of the appeal, 2005-12-16, CJ Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-12-16 | Respondent's condensed book, 14 copies - distributed in Court. | Ramnarine Khelawon |
| 2005-12-16 | Appellant's condensed book, 14 copies - distributed in Court | Her Majesty the Queen |
| 2005-12-06 | Order on motion to extend time | |
| 2005-12-06 |
Decision on motion to extend time, to serve and file the intervener, A.G.B.C.'s book of authorities to Nov. 25/05, Reg Granted |
|
| 2005-12-06 | Submission of motion to extend time, Reg | |
| 2005-12-06 | Response to motion to extend time, e-mail from Terri Semanyk dated Dec. 6/05, Completed on: 2005-12-06 | Ramnarine Khelawon |
| 2005-11-30 | Response to motion to extend time, e-mail from Burke-Robertson dated Nov. 30/05, Completed on: 2005-11-30 | Her Majesty the Queen |
| 2005-11-30 | Motion to extend time, with consent of the appellant, Completed on: 2005-11-30 | Attorney General of British Columbia |
| 2005-11-29 | Book of authorities, Completed on: 2005-11-29 | Criminal Lawyers' Association (Ontario) |
| 2005-11-29 | Intervener's factum, (Revised CD and Index rec'd Dec. 6/06 - New CD rec'd Dec. 19/05), Completed on: 2005-12-06 | Criminal Lawyers' Association (Ontario) |
| 2005-11-29 |
Order by, F, FURTHER TO THE ORDERS of Fish J. dated November 2 and 14, 2005, granting leave to intervene to the Attorney General of British Columbia and the Criminal Lawyers' Association (Ontario); IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2005-11-25 | Order on motion to extend time | |
| 2005-11-25 |
Decision on motion to extend time, Ba, UPON APPLICATION by the intervener, the Criminal Lawyers' Association (Ontario), for an order extending the time to serve and file its factum to November 29, 2005, and for an order permitting the said intervener to present oral argument at the hearing of this appeal. AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion of the intervener, the Criminal Lawyers' Association (Ontario), to serve and file its factum to November 29, 2005, is granted. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. Allowed in part |
|
| 2005-11-25 | Submission of motion to extend time, Ba | |
| 2005-11-25 | Book of authorities, (Motion ext. of time requested), Completed on: 2005-12-06 | Attorney General of British Columbia |
| 2005-11-24 | Response to motion to extend time, Completed on: 2005-11-24 | Ramnarine Khelawon |
| 2005-11-24 | Response to motion to extend time, Completed on: 2005-11-24 | Her Majesty the Queen |
| 2005-11-24 | Motion to extend time, to file the intervener's factum to Nov. 29/05, Completed on: 2005-11-25 | Criminal Lawyers' Association (Ontario) |
| 2005-11-18 | Intervener's factum, (Revised CD rec'd Dec. 2/05), Completed on: 2005-11-18 | Attorney General of British Columbia |
| 2005-11-18 | Order on motion to extend time | |
| 2005-11-18 |
Decision on motion to extend time, to serve and file the respondent's factum and record, volumes 1 and 2, to Nov. 16/05 and to present oral argument at the hearing of the appeal, Ba Granted |
|
| 2005-11-18 | Submission of motion to extend time, Ba | |
| 2005-11-15 | Response to motion to extend time, Completed on: 2005-11-15 | Her Majesty the Queen |
| 2005-11-15 | Motion to extend time, (with consent), Completed on: 2005-11-15 | Ramnarine Khelawon |
| 2005-11-15 | Respondent's record, (Vol. I and II - Motion ext. of time rec'd Nov. 15/05), Completed on: 2005-11-15 | Ramnarine Khelawon |
| 2005-11-15 | Respondent's factum, (Motion ext. of time rec'd Nov. 15/05 - Revised CD rec'd Nov. 22/05), Completed on: 2005-11-18 | Ramnarine Khelawon |
| 2005-11-14 | Correspondence (sent by the Court) to, all interveners, with cc. to parties; re: intervention letter | |
| 2005-11-14 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2005-11-14 |
Decision on the motion for leave to intervene, F, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Criminal Lawyers' Association (Ontario), is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 25, 2005. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be 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) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2005-11-14 | Submission of motion for leave to intervene, F | |
| 2005-11-10 | Response to the motion for leave to intervene, (included with the motion), Completed on: 2005-11-10 | Ramnarine Khelawon |
| 2005-11-10 | Response to the motion for leave to intervene, (included with the motion), Completed on: 2005-11-10 | Her Majesty the Queen |
| 2005-11-10 | Motion for leave to intervene, (joint with extension of time), Completed on: 2005-11-22 | Criminal Lawyers' Association (Ontario) |
| 2005-11-02 | Response to the motion for leave to intervene, (Letter Form), from Terri H. Semanyk dated Nov. 2/05, Completed on: 2005-11-02 | Ramnarine Khelawon |
| 2005-11-02 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2005-11-02 | Order on motion to extend time, (BY FISH J.) | |
| 2005-11-02 |
Decision on motion to extend time, F, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Attorney General of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 18, 2005. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be 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) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2005-11-02 |
Decision on the motion for leave to intervene, F, The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Attorney General of British Columbia, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before November 18, 2005. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be 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) the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2005-11-02 | Submission of motion to extend time, F | |
| 2005-11-02 | Submission of motion for leave to intervene, F | |
| 2005-10-25 | Appeal perfected for hearing | |
| 2005-10-20 | Response to motion to extend time, (Letter Form), from Burke-Robertson dated October 20, 2005 (e-mail)(joint), Completed on: 2005-10-20 | Her Majesty the Queen |
| 2005-10-20 | Response to the motion for leave to intervene, (Letter Form), from Burke-Robertson dated October 20, 2005 (e-mail)(joint), Completed on: 2005-10-20 | Her Majesty the Queen |
| 2005-10-20 | Motion to extend time, (to file the motion to intervene)(joint), Completed on: 2005-10-20 | Attorney General of British Columbia |
| 2005-10-20 | Motion for leave to intervene, (joint with extension and oral hearing on the appeal), Incomplete | Attorney General of British Columbia |
| 2005-08-29 | Appellant's book of authorities, Vol. I to VI, Completed on: 2005-08-29 | Her Majesty the Queen |
| 2005-08-29 | Appellant's factum, Completed on: 2005-08-29 | Her Majesty the Queen |
| 2005-08-25 | Appellant's record, (7 volumes), Completed on: 2005-08-25 | Her Majesty the Queen |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-11 |
Appeal hearing scheduled, 2005-12-16, Previously Dec. 9/05 Judgment reserved |
|
| 2005-07-20 | Order on motion to extend time | |
| 2005-07-20 |
Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to August 29/05, Reg Granted |
|
| 2005-07-20 | Submission of motion to extend time, Reg | |
| 2005-07-20 | Response to motion to extend time, (Letter Form), from Terri H. Semanyk dated July 18/05, Completed on: 2005-07-20 | Ramnarine Khelawon |
| 2005-07-15 | Judgment on leave sent to the parties | |
| 2005-07-15 | Judgment on leave sent to the parties | |
| 2005-07-14 |
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 C38427, dated February 28, 2005, is dismissed. Dismissed |
|
| 2005-07-14 |
Decision on motion to extend time, The application for an extension of time to file and serve the respondent's response is granted. Granted |
|
| 2005-07-13 | Motion to extend time, (further extension) to file the appellant's factum, record and authorities to August 29/05, Completed on: 2005-07-13 | Her Majesty the Queen |
| 2005-06-14 | Order on motion to extend time | |
| 2005-06-14 |
Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities one month from the decision of this Court on the application for leave to appeal, Reg Granted |
|
| 2005-06-14 | Submission of motion to extend time, Reg | |
| 2005-06-13 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2005-06-13 | Submission of motion to extend time, CJ Bi Cha | |
| 2005-06-09 | Response to motion to extend time, (Letter Form), from Timothy E. Breen dated June 9/05, Completed on: 2005-06-09 | Ramnarine Khelawon |
| 2005-06-09 | Applicant's reply to respondent's argument, Completed on: 2005-06-09 | Her Majesty the Queen |
| 2005-06-08 | Motion to extend time, to file the appellant's factum, record and book of authorities within one month of the release of the decision in the leave to appeal, Completed on: 2005-06-08 | Her Majesty the Queen |
| 2005-06-08 | Motion to extend time, to file the respondent's response (included in the response), Completed on: 2005-06-08 | Ramnarine Khelawon |
| 2005-06-08 | Respondent's response on the application for leave to appeal, (extension of time included), Completed on: 2005-06-08 | Ramnarine Khelawon |
| 2005-06-02 | Correspondence received from, Eliott Behar dated June 2/05 re: deadlines for filing and extension of time | Her Majesty the Queen |
| 2005-05-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-04-29 | Application for leave to appeal, Completed on: 2005-04-29 | Her Majesty the Queen |
| 2005-04-12 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2005-04-01 | General proceeding, FORM 25B | Her Majesty the Queen |
| 2005-03-29 | Notice of appeal, Completed on: 2005-04-01 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Khelawon, Ramnarine | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Eliott Behar
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4594
FAX: (416) 326-4656
Email: john.mcinnes@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Khelawon, Ramnarine
Counsel
370 Bloor St. E.
Toronto, Ontario
M4W 3M6
Telephone: (416) 927-9000
FAX: (416) 927-9069
Agent
150 Isabella Street, Suite 1207
Ottawa, Ontario
K1S 1V7
Telephone: (613) 236-0939
FAX: (613) 236-0745
Party: Attorney General of British Columbia
Counsel
6th Floor
865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: alexander.budlovsky@gov.bc.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Joseph Di Luca
15 Bedford Road
Toronto, Ontario
M5R 2J7
Telephone: (416) 944-0244
FAX: (416) 868-0273
Agent
200 Elgin Street, Suite 402
Ottawa, Ontario
K2P 1L5
Telephone: (613) 231-1004
FAX: (613) 231-4760
Summary
Keywords
None.
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.
The Respondent, a manager of a nursing home, was accused by five residents of the nursing home of assaults and uttering death threats. The five complainants ranged in age from 68 to 92 when they made their complaints. They all gave statements to the police but died before trial. The police sought to admit videotapes of the statements into evidence under the principled exception to the hearsay rule. The trial judge admitted statements by Mr. Dinino, Mr. Skupien and one other complainant. The Respondent was convicted of assaults and uttering a death threat as alleged by Mr. Dinino and Mr. Skupien. He was acquitted of all other charges. On appeal, a majority of the Court of Appeal held that the statements by Mr. Skupien and Mr. Dinino should not have been admitted and it acquitted the Respondent on all charges. Blair J.A. dissented with respect to the admissibility of Mr. Skupien's statement. The Court of Appeal overturned the convictions and entered acquittals.
Lower court rulings
Ontario Superior Court of Justice
P-0205/00
Respondent found guilty of assault causing bodily harm pursuant to s. 267, aggravated assault pursuant to s. 264.1 of the Criminal Code of Canada R.S. 1985, c. C-46
Court of Appeal for Ontario
C38427
Appeal allowed; convictions set aside and acquittals entered
Filed documents
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 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 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
Not available
Related links
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available