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33066

Her Majesty the Queen v. Fahim Ahmad, et al.

(Ontario) (Criminal) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
2011-03-18 Appeal closed
2011-02-11 Formal judgment sent to the registrar of the court of appeal and all parties
2011-02-11 Judgment on appeal and notice of deposit of judgment sent to all parties
2011-02-10 Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, (Reasons by the Court) The appeal from the judgment of the Ontario Superior Court of Justice, Number CRIMJ (F) 2025/07, dated January 15, 2009, heard on March 18, 2010, is allowed.
The constitutional questions are answered as follows:
1. 1. Are ss. 38 to 38.16 of the Canada Evidence Act, R.S.C. 1985, c. C-5, ultra vires the Parliament of Canada on the ground that they infringe ss. 96 and 101 of the Constitution Act, 1867?
Answer: No.
2. Do ss. 38 to 38.16 of the Canada Evidence Act, R.S.C. 1985, c. C-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
Answer: No.
3. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Answer: It is not necessary to answer this question.

Allowed
2011-02-08 Correspondence received from, François Lacasse dated Feb. 8/11 joint with a judgment of the ON C/A dated Feb. 7/11 in Abou-Elmaati v. A.G. Canada, 2011 ONCA 95 Her Majesty the Queen
2010-07-19 Media lock-up request refused
2010-07-19 Media lock-up consent form received from Shareef Abdelhaleem
2010-07-09 Media lock-up consent form received from Jahmaal James
2010-07-09 Media lock-up consent form received from Her Majesty the Queen
2010-07-09 Media lock-up consent form received from Asad Ansari
2010-07-07 Media lock-up consent form received from Saad Gaya
2010-07-06 Correspondence received from, Anil K. Kapoor re: will participate to the lock-up (cc. to all parties) Canadian Civil Liberties Association
2010-07-05 Media lock-up consent form received from Steven Vikash Chand
2010-07-02 Correspondence received from, F. Lacasse, dated June 30, 2010 re: publications ban lifted since June 23, 2010 Her Majesty the Queen
2010-06-14 Media lock-up requested or proposed
2010-04-09 Correspondence received from, Delmar Doucette dated April 9, 2010 re: decision from the Ontario Superior Court of Justice rendered in Ahmad Abou-Elmaati - c.c. to all parties by fax - consent rec'd by email (sent to the Court April 16/10) Steven Vikash Chand
2010-04-06 Transcript received, (77 pages)
2010-03-18 General proceeding, The proceedings will not be webcast as counsel had advised that the proceedings cannot be broadcast until the jury in the court below is sequested Her Majesty the Queen
2010-03-18 Judgment reserved OR rendered with reasons to follow
2010-03-18 Hearing of the appeal, 2010-03-18, CJ Bi LeB De F Abe Cha Ro Cro
Judgment reserved
2010-03-18 Acknowledgement and consent for video taping of proceedings, All parties consented
2010-03-18 Respondent's condensed book, Filed at the hearing Asad Ansari
2010-03-18 Appellant's condensed book, Filed at the hearing Her Majesty the Queen
2010-03-16 Correspondence received from, F. Lacasse by e-mail, re.: request of 4 reserved seats at the hearing Her Majesty the Queen
2010-03-12 Correspondence received from, Gowlings by e-mail re: order of presentation for Mar. 18/10 Asad Ansari
2010-03-12 Order on motion for additional time to present oral argument, (BY CHIEF JUSTICE)
2010-03-12 Decision on motion for additional time to present oral argument, CJ, UPON APPLICATION by the respondents, A.A., S.A., A.M.D., S.V.C. and Saad Gaya for an order permitting the said respondents an extra 30 minutes of argument to be divided amongst four counsel;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2010-03-12 Submission of motion for additional time to present oral argument, CJ
2010-03-12 Response to the motion for additional time to present oral argument, email from François Lacasse dated March 12/10, Completed on: 2010-03-12 Her Majesty the Queen
2010-03-11 Motion for additional time to present oral argument, by respondents for an extra 30 minutes, Completed on: 2010-03-11 Asad Ansari
2010-03-11 Notice of appearance, Anil K. Kapoor and Lindsay L. Daviau will be appearing Canadian Civil Liberties Association
2010-03-11 Notice of appearance, Rocco Galati will be appearing Shareef Abdelhaleem
2010-03-10 Other book of authorities, Completed on: 2010-03-10 Attorney General of Ontario
2010-03-10 Intervener's factum, Completed on: 2010-03-11 Attorney General of Ontario
2010-03-09 Correspondence (sent by the Court) to, F. Lacasse (cc. all parties); factum removed from SCC website
2010-03-09 Correspondence (sent by the Court) to, Ms. Davies (cc. all parties); factum removed from SCC website and not necessary to prepare a redacted factum
2010-03-08 Order by, Bi, FURTHER TO THE ORDER dated January 15, 2010, granting leave to intervene to the Canadian Civil Liberties Association;
IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.
Granted
2010-03-04 Order on motion to extend time
2010-03-04 Decision on motion to extend time, to serve and file the factum and book of authorities of S.A. and A.M.D. to Feb. 19/10, and permitting oral argument at the hearing of the appeal, De
Granted
2010-03-04 Submission of motion to extend time, De
2010-03-04 Notice of appearance, Croft Michaelson and Nicholas Devlin will be present at the hearing. Her Majesty the Queen
2010-03-03 Response to motion to extend time, email from Delmar Doucette dated March 3/10 re: letter of Marsh 1/10, Completed on: 2010-03-03 Steven Vikash Chand
2010-03-03 Response to motion to extend time, (Letter Form), from Delmar Doucette dated March 1/10, Completed on: 2010-03-03 Steven Vikash Chand
2010-03-03 Response to motion to extend time, (Letter Form), from Paul Slansky dated March 2/10, Completed on: 2010-03-03 Saad Gaya
2010-03-02 Reply to motion to extend time, (Letter Form), from Rocco Galati dated March 2/10, Completed on: 2010-03-02 Shareef Abdelhaleem
2010-03-02 Response to motion to extend time, (Letter Form), from Anil A. Kapoor dated March 2/10, Completed on: 2010-03-02 Canadian Civil Liberties Association
2010-03-01 Order on miscellaneous motion
2010-03-01 Decision on miscellaneous motion, for an order extending the time to serve and file the appellant's supplemental record to Feb. 12/10, Reg
Granted
2010-03-01 Response to motion to extend time, (Letter Form), from John Norris dated March 1/10, Completed on: 2010-03-01 Asad Ansari
2010-03-01 Other book of authorities, Completed on: 2010-03-01 Canadian Civil Liberties Association
2010-03-01 Response to motion to extend time, (Letter Form), from François Lacasse dated March 1/10, Completed on: 2010-03-01 Her Majesty the Queen
2010-03-01 Intervener's factum, Completed on: 2010-03-01 Canadian Civil Liberties Association
2010-02-26 Submission of miscellaneous motion, Reg
2010-02-26 Correspondence received from, Gowling by e-mail re: Mr. Galati and Mr. Stansly both confirmed that there is nothing in their factum that refers to the publication ban and they will file a new filing form. Shareef Abdelhaleem
2010-02-25 Notice of appearance, Sarah Kraicer and Josh Hunter will be appearing Attorney General of Ontario
2010-02-25 Correspondence received from, Anil Kapoor re: in response to Mr. Lacasse letter of Feb. 19/10 - webcast and posting of factum (cc. to all parties) Canadian Civil Liberties Association
2010-02-24 Notice of appearance, John Norris and Breese Davies will be appearing, Mr Norris will presenting oral argument Asad Ansari
2010-02-19 Motion to extend time, to serve and file the Respondents' Factum and Book of Authorities, Completed on: 2010-02-19 Shareef Abdelhaleem
2010-02-19 Respondent's book of authorities, extension of time rec'd Feb. 19/10, Completed on: 2010-02-19 Shareef Abdelhaleem
2010-02-19 Respondent's factum, extension of time filed Feb. 19/10 - Me Galati confirmed that there is nothing in his factum that relates to the publication ban and intends to file a new filing form., Completed on: 2010-02-19 Shareef Abdelhaleem
2010-02-19 Correspondence received from, Mr. Lacasse, dated Feb-19-10 re: Publication Ban and redaction of the factum Her Majesty the Queen
2010-02-17 Response to miscellaneous motion, (Letter Form), from Paul Slansky dated Feb. 16/10, Completed on: 2010-02-17 Saad Gaya
2010-02-11 Response to miscellaneous motion, (Letter Form), from Delmar Doucette dated Feb. 11/10, Completed on: 2010-02-11 Steven Vikash Chand
2010-02-10 Order on motion to extend time
2010-02-10 Decision on motion to extend time, to serve and file the respondent, Saad Gaya, factum to Jan.27/10 and its book of authorities to Jan. 29/10 and to present oral argument at the hearing of the appeal, De
Granted
2010-02-10 Submission of motion to extend time, De
2010-02-10 Response to miscellaneous motion, (Letter Form), from Anil K. Kapoor dated Feb. 10/10, Completed on: 2010-02-10 Canadian Civil Liberties Association
2010-02-10 Notice of appearance, Paul Slansky will be present at the hearing. Saad Gaya
2010-02-10 Notice of appearance, Delmar Doucette and Michael Moon will be present at the hearing. Steven Vikash Chand
2010-02-10 Response to miscellaneous motion, (Letter Form), from John Norris dated Feb. 10/10, Completed on: 2010-02-10 Asad Ansari
2010-02-09 Notice of miscellaneous motion, to serve and file a supplementary record to Feb. 12/10, Completed on: 2010-02-09 Her Majesty the Queen
2010-02-09 Supplemental document, Supplementary Record, Completed on: 2010-02-09 Her Majesty the Queen
2010-02-05 Response to motion to extend time, email from François Lacasse dated Feb. 5/10, Completed on: 2010-02-05 Her Majesty the Queen
2010-02-05 Response to motion to extend time, (Letter Form), from William E.M. Naylor dated Feb. 4/10, Completed on: 2010-02-05 Shareef Abdelhaleem
2010-02-04 Response to motion to extend time, (Letter Form), from Anil K. Kapoor dated Feb. 4/10, Completed on: 2010-02-04 Canadian Civil Liberties Association
2010-02-03 Response to motion to extend time, (Letter Form), from Delmar Doucette dated Feb. 3/10, Completed on: 2010-02-03 Steven Vikash Chand
2010-02-03 Response to motion to extend time, (Letter Form), from John Norris dated Feb. 3/10, Completed on: 2010-02-03 Asad Ansari
2010-02-02 Motion to extend time, to serve and file the respondent's factum to Jan. 27/10, the book of authorities to Jan. 29/10 and to present oral argument at the hearing of the appeal, Completed on: 2010-02-02 Saad Gaya
2010-01-28 Respondent's book of authorities, Ext. of time rec'd Feb. 2/10), Completed on: 2010-02-02 Saad Gaya
2010-01-27 Respondent's factum, Ext. of time rec'd Feb. 2/10) - Mr. Slansky confirmed that there is nothing in their factum that refers to the publication ban - new form rec'd Feb. 26/10., Completed on: 2010-02-02 Saad Gaya
2010-01-22 Correspondence received from, Delmar Doucette, dated Jan 21/10; responding to Mr. Davies letter of Jan. 19/10 Steven Vikash Chand
2010-01-22 Respondent's book of authorities, Completed on: 2010-01-22 Steven Vikash Chand
2010-01-22 Respondent's factum, Completed on: 2010-01-22 Steven Vikash Chand
2010-01-21 Correspondence received from, Delmar Doucette dated January 21, 2010. Re: Service on agents except for one respondent (James) Steven Vikash Chand
2010-01-19 Correspondence received from, Breese Davies dated January 19, 2010. Re: Publication Ban Asad Ansari
2010-01-19 Respondent's book of authorities, Completed on: 2010-01-19 Asad Ansari
2010-01-19 Respondent's record, Completed on: 2010-01-19 Asad Ansari
2010-01-19 Respondent's factum, Completed on: 2010-01-19 Asad Ansari
2010-01-15 Order on motion for leave to intervene
2010-01-15 Decision on the motion for leave to intervene, Bi, UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
AND IT APPEARING THAT the principal issue raised by the present appeal is whether, in the context of a criminal trial proceeding in a superior court, the assignment of exclusive jurisdiction of all matters arising under section 38 of the Canada Evidence Act to the Federal Court is ultra vires Parliament;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Canadian Civil Liberties Association is granted and the said intervener shall be entitled to serve and file a factum limited to the above issue and not to exceed 10 pages in length on or before March 1, 2010.
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) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by its intervention.
Granted
2010-01-15 Submission of motion for leave to intervene, Bi
2010-01-04 Appeal perfected for hearing
2009-12-16 Reply to the motion for leave to intervene, Completed on: 2009-12-16 Canadian Civil Liberties Association
2009-12-16 Correspondence received from, Rocco Galati dated Dec 1/09 re: replaces Mr. Naylor as counsel for Shareef Abdelhaleem. Shareef Abdelhaleem
2009-12-10 Response to the motion for leave to intervene, Completed on: 2009-12-10 Her Majesty the Queen
2009-12-07 Response to the motion for leave to intervene, Completed on: 2009-12-07 Saad Gaya
2009-12-04 Motion for leave to intervene, (bookform), Completed on: 2009-12-04 Canadian Civil Liberties Association
2009-11-25 Notice of hearing sent to parties
2009-11-24 Appeal hearing scheduled, 2010-03-18, (start time 9:00 am)
Judgment reserved
2009-11-09 Appellant's book of authorities, (2 volumes), Completed on: 2009-11-09 Her Majesty the Queen
2009-11-09 Appellant's record, Completed on: 2009-11-09 Her Majesty the Queen
2009-11-09 Appellant's factum, Completed on: 2009-11-09 Her Majesty the Queen
2009-11-06 Correspondence received from, Mr. Nuttall by email dated Nov. 6/09 re: is not participating in this appeal and do not need to be served with any materials Mohammed Dirie
2009-10-15 Notice of change of counsel, from Mr. Azvedo to Mr. Galati Amin Mohamed Durrani
2009-10-09 Notice of intervention respecting a constitutional question Attorney General of Ontario
2009-09-11 Notice of constitutional question(s), (served Sept. 11/09) Her Majesty the Queen
2009-09-04 Order on motion to state a constitutional question, (BY THE CHIEF JUSTICE)
2009-09-04 Decision on the motion to state a constitutional question, CJ, UPON APPLICATIONS by the appellant and the respondents, S.A. and Saad Gaya for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Are ss. 38 to 38.16 of the Canada Evidence Act, R.S.C. 1985, c. C-5, ultra vires the Parliament of Canada on the ground that they infringe ss. 96 and 101 of the Constitution Act, 1867?
2. Do ss. 38 to 38.16 of the Canada Evidence Act, R.S.C. 1985, c. C-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
3. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
IT IS FURTHER ORDERED THAT:
Any interveners under Rule 55 or Rule 61, shall serve and file their factum and book of authorities on or before March 10, 2010.
Granted
2009-08-21 Correspondence received from, David J.M. Kolinsky dated Aug. 21/09 re: will no longer be participating in the appeal and need not be served with any documents Zakaria Amara
2009-08-20 Correspondence received from, Ingrid Grant dated Aug. 19/09 re: will not be participating in the appeal and participants not be required to serve her with documents (joint with 33085) Saad Khalid
2009-08-12 Submission of motion to state a constitutional question, CJ
2009-08-07 Reply to the motion to state a constitutional question, (Letter Form), from Paul Slansky dated Aug. 7/09, Completed on: 2009-08-07 Saad Gaya
2009-08-07 Response to the motion to state a constitutional question, (Letter Form), from Nick Devlin dated Aug. 6/09, Completed on: 2009-08-07 Her Majesty the Queen
2009-07-30 Correspondence received from, (Letter Form), Delmar Doucette, dated July 30, 2009 Re: change in counsel Steven Vikash Chand
2009-07-27 Response to the motion to state a constitutional question, (Letter Form), from John Norris dated July 26/09 re: agrees with the appellant's proposed CQ, Completed on: 2009-07-27 Asad Ansari
2009-07-27 Motion to state a constitutional question, Completed on: 2009-07-28 Shareef Abdelhaleem
2009-07-17 Motion to state a constitutional question, (original received July 22/09), Completed on: 2009-07-17 Her Majesty the Queen
2009-07-17 Notice of appeal, Completed on: 2009-07-17 Her Majesty the Queen
2009-07-10 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2009-06-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-06-19 Judgment on leave sent to the parties
2009-06-18 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Ontario Superior Court of Justice, Number CRIMJ (F) 2025/07, dated January 15, 2009, is granted.
Granted
2009-05-04 All materials on application for leave submitted to the Judges, CJ Abe Ro
2009-04-17 Applicant's reply to respondent's argument, (Letter Form), Nick Devlin dated April 17, 2009. Re: Will not be filing a reply, Completed on: 2009-04-17 Her Majesty the Queen
2009-04-14 Respondent's response on the application for leave to appeal, Completed on: 2009-04-14 Zakaria Amara
2009-04-08 Respondent's response on the application for leave to appeal, Completed on: 2009-04-08 Asad Ansari
2009-04-02 Letter acknowledging receipt of a complete application for leave to appeal
2009-03-24 Correspondence received from, F. Lacasse, dated March 23/09 Re: publication ban Her Majesty the Queen
2009-03-12 Application for leave to appeal, Completed on: 2009-03-12 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Ahmad, Fahim Respondent Active
Amara, Zakaria Respondent Active
Ansari, Asad Respondent Active
Abdelhaleem, Shareef Respondent Active
Dirie, Mohammed Respondent Active
James, Jahmaal Respondent Active
Durrani, Amin Mohamed Respondent Active
Chand, Steven Vikash Respondent Active
Khalid, Saad Respondent Active
Gaya, Saad Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Canadian Civil Liberties Association Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Names
Croft Michaelson
Nicholas E. Devlin
Contact information
Public Prosecution Service of Canada
P.O. Box 36, Exchange Tower
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-7261
FAX: (416) 973-8253
Email: croft.michaelson@ppsc-sppc.gc.ca
Agent
Name
François Lacasse
Contact information
Director of Public Prosecutions of Canada
284 Wellington Street
2nd Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca

Party: Ahmad, Fahim

Counsel
Name
Dennis Edney
Contact information
234 Wolf Ridge CLose
Edmonton, Alberta
T5T 5M6
Telephone: (780) 758-9262
FAX: (780) 757-7455
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Amara, Zakaria

Counsel
Names
David Kolinsky
Michael Lacy
Joseph Wilkinson
Contact information
2601 - 180 Dundas Street West
Toronto, Ontario
M5G 1Z8
Telephone: (416) 260-1999
FAX: (416) 599-1307

Party: Ansari, Asad

Counsel
Names
John Norris
Breese Davies
Contact information
100 - 116 Simcoe St.
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
Agent
Name
Marie-France Major
Contact information
Lang Michener LLP
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

Party: Abdelhaleem, Shareef

Counsel
Name
Rocco Galati
Contact information
Rocco Galati Law Firm Professional Corporation
637 College Street, Suite 203
Toronto, Ontario
M6G 1B5
Telephone: (416) 536-7811
FAX: (416) 536-6801
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Dirie, Mohammed

Counsel
Name
Robert C. Nuttall
Contact information
Nuttall, Rekai
370 Bloor Street East
Toronto, Ontario
M4W 3M6
Telephone: (416) 365-0571
FAX: (416) 927-9069

Party: James, Jahmaal

Counsel
Name
Donald McLeod
Contact information
171, East Liberty Street
Suite 206
Toronto, Ontario
M6K 3P6
Telephone: (416) 427-4649
FAX: (416) 368-7745
Email: dmcleod@dfmlegal.ca;

Party: Durrani, Amin Mohamed

Counsel
Name
Rocco Galati
Contact information
Rocco Galati Law Firm Professional Corporation
637 College Street, Suite 203
Toronto, Ontario
M6G 1B5
Telephone: (416) 536-7811
FAX: (416) 536-6801
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Chand, Steven Vikash

Counsel
Names
Delmar Doucette
Michael Moon
Contact information
Marlys Edwardh Barristers Professional Corporation
20 Dundas Street West, Suite 1100
Toronto, Ontario
M5G 2G8
Telephone: (416) 597-9400
FAX: (416) 597-0070
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com

Party: Khalid, Saad

Counsel
Name
Ingrid Grant
Contact information
Russel Silverstein & Associate
1100 - 20 Dundas Street West
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-5334
FAX: (416) 977-8513

Party: Gaya, Saad

Counsel
Name
Paul B. Slansky
Contact information
637 College Street
Suite 203
Toronto, Ontario
M5G 1B5
Telephone: (416) 536-1220
FAX: (416) 536-8842
Email: paul.slansky@bellnet.ca
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Attorney General of Ontario

Counsel
Names
Sarah Kraicer
Josh Hunter
Contact information
Attorney General of Ontario
720 Bay Street, 8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2518
FAX: (416) 326-4015
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: Canadian Civil Liberties Association

Counsel
Names
Anil K. Kapoor
Lindsay L. Daviau
Contact information
Kapoor Barristers
210 - 20 Adelaide Street East
Toronto, Ontario
M5C 2T6
Telephone: (416) 363-2700
FAX: (416) 368-6811
Email: akk@adelaide
Agent
Name
Lawrence Greenspon
Contact information
Greenspon, Brown & Associates
470 Somerset Street West
Ottawa, Ontario
K1R 5J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com

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.

Charter of Rights - Constitutional law - Criminal law - Evidence - Potentially injurious or sensitive information - Whether ss. 38 to 38.16 of the Canada Evidence Act, R.S.C. 1985, c. C-5, are ultra vires the Parliament of Canada on the ground that they infringe ss. 96 and 101 of the Constitution Act, 1867? - Whether ss. 38 to 38.16 of the Canada Evidence Act, R.S.C. 1985, c. C-5, infringe s. 7 of the Canadian Charter of Rights and Freedoms? - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?

Ten adults are charged with various terrorism-related offences. The evidence against them was gathered by both police and intelligence agents. While massive disclosures of documents have occurred, the Canada Evidence Act’s provisions concerning potentially injurious or sensitive information were relied upon to protect national security information. The Attorney General of Canada applied to the Federal Court under s. 38.04 of the Act to determine whether some of the sensitive information might be disclosed. In a pretrial motion, the accused challenged the validity of the Canada Evidence Act provisions. In Ruling No. 9, the trial judge held that ss. 38 to 38.16 of the Act were unconstitutional and of no force or effect in relation to criminal proceedings conducted in provincial superior courts.

Lower court rulings

January 15, 2009
Ontario Superior Court of Justice

CRIMJ (F) 2025/07

Sections 38 to 38.16 of the Canada Evidence Act held to be unconstitutional and of no force or effect in relation to criminal proceedings conducted in provincial superior courts

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

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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

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

Webcasts

Not available.

Date modified: 2025-05-13