Case information
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41002
Shea Flemmings, et al. v. His Majesty the King
(Ontario) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-01-23 | Appeal closed | |
| 2024-06-14 | Appeal closed | |
| 2024-05-28 | Transcript received, 27 PAGES | |
| 2024-05-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-23 | Judgment on leave sent to the parties | |
| 2024-05-22 |
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 C70746 and C70797, 2023 ONCA 449, dated June 22, 2023, heard this day, is dismissed. Dismissed |
|
| 2024-05-22 |
Hearing of the appeal, 2024-05-22, CJ Ka Côt Row Mar Kas Ja Ob Mor Decision rendered |
|
| 2024-05-16 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2024-05-21) | His Majesty the King |
| 2024-05-16 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-05-21) | His Majesty the King |
| 2024-05-16 | Respondent's condensed book, (Book Form), (Printed version filed on 2024-05-21) | His Majesty the King |
| 2024-05-06 | Notice of appearance, (Letter Form), Jeremy Tatum will appear and will present oral argument. | His Majesty the King |
| 2024-05-03 | Notice of appearance, (Letter Form), (Printed version due on 2024-05-10) | Patrick Agpoon |
| 2024-04-24 |
Appeal hearing scheduled, 2024-05-22 Decision rendered |
|
| 2024-03-21 | Letter advising parties that an oral hearing has been ordered | |
| 2024-02-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-02-29 | Judgment on leave sent to the parties | |
| 2024-02-29 |
Decision on the miscellaneous motion, The motion to join the application for leave to appeal with file 41002 is granted and the applications shall be joined under file 41002. The motions for an extension of time to serve and file the applications for leave to appeal are granted. An oral hearing of the applications for leave to appeal is ordered in accordance with s. 43(1.2) of the Supreme Court Act, R.S.C., 1985, c. S-26. The hearing date will be fixed by the Registrar. Granted |
|
| 2024-02-29 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on Motion for an Oral Hearing Granted |
|
| 2024-01-29 | All materials on application for leave submitted to the Judges, 2024-05-22, for consideration by the Court | |
| 2024-01-29 | Submission of miscellaneous motion, for consideration by the Court | |
| 2024-01-29 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-01-08 |
Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION 23B, (Printed version due on 2024-01-15) |
Patrick Agpoon |
| 2024-01-08 |
Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION 23A, (Printed version due on 2024-01-15) |
Patrick Agpoon |
| 2024-01-08 | Applicant's reply to respondent's argument, (Book Form), SECOND APPLICATION, Completed on: 2024-03-22 | Patrick Agpoon |
| 2023-12-18 |
Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION 23B, (Printed version filed on 2023-12-19) |
Patrick Agpoon |
| 2023-12-18 |
Certificate (on limitations to public access), (Letter Form), SECOND APPLICATION 23A, (Printed version filed on 2023-12-19) |
His Majesty the King |
| 2023-12-18 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2024-03-22 | His Majesty the King |
| 2023-12-18 |
Respondent's response on the application for leave to appeal, (Book Form), SECOND APPLICATION Proof of Service missing (Rec'd 2024-02-08), Completed on: 2024-01-30, (Printed version filed on 2023-12-19) |
His Majesty the King |
| 2023-12-18 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-12-19) | His Majesty the King |
| 2023-12-18 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-19) | His Majesty the King |
| 2023-12-18 | Response to miscellaneous motion, (Book Form), (Included in the respondent's response on the application for leave to appeal), FIRST APPLICATION, Completed on: 2023-12-19, (Printed version filed on 2023-12-19) | His Majesty the King |
| 2023-12-18 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), (Included in the respondent's response on the application for leave to appeal), FIRST APPLICATION, Completed on: 2024-01-30, (Printed version due on 2023-12-27) | His Majesty the King |
| 2023-12-18 |
Respondent's response on the application for leave to appeal, (Book Form), FIRST APPLICATION Missing: POS (Rec'd 2024-02-08), Completed on: 2024-01-30, (Printed version filed on 2023-12-19) |
His Majesty the King |
| 2023-11-20 |
Correspondence received from, (Letter Form), SECOND APPLICATION Correspondence and Indictment, (Printed version filed on 2023-11-22) |
Patrick Agpoon |
| 2023-11-17 |
Letter acknowledging receipt of an incomplete application for leave to appeal, SECOND APPLICATION FILE OPENED 2023-11-17 |
|
| 2023-11-17 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-11-17 | |
| 2023-11-09 |
Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), SECOND APPLICATION Motion to Join this application to the application of his co-appellant Shea Flemmings (C70746), Completed on: 2023-11-17, (Printed version filed on 2023-11-10) |
Patrick Agpoon |
| 2023-11-09 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), SECOND APPLICATION, Completed on: 2023-11-17, (Printed version filed on 2023-11-10) | Patrick Agpoon |
| 2023-11-09 |
Application for leave to appeal, (Book Form), SECOND APPLICATION Require: - TC Order (Indictment rec'd 2023-11-20) - Filing fee (rec'd 2023-11-22), Completed on: 2023-11-29, (Printed version filed on 2023-11-10) |
Patrick Agpoon |
| 2023-11-09 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-11-10) | Shea Flemmings |
| 2023-11-09 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-10) | Shea Flemmings |
| 2023-11-09 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Motion to Join this application to the application of his co-appellant, Patrick Agpoon (C70797), Completed on: 2023-11-17 | Shea Flemmings |
| 2023-11-09 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), FIRST APPLICATION, Completed on: 2023-11-17, (Printed version filed on 2023-11-10) | Shea Flemmings |
| 2023-11-09 |
Application for leave to appeal, (Book Form), FIRST APPLICATION Require: - Amended Notice citing the correct provision of law (Rec'd 2023-12-20) - TC Order (Indictment rec'd 2023-11-22) - Filing fee (Rec'd 2023-11-09), Completed on: 2023-12-28, (Printed version filed on 2023-11-10) |
Shea Flemmings |
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 |
|---|---|---|
| Flemmings, Shea | Applicant | Active |
| Agpoon, Patrick | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Flemmings, Shea
Counsel
36 Lombard Street, Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (416) 629-4800 Ext: 101
FAX: (416) 628-1636
Email: chris@rudnickilaw.com
Agent
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2459
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Agpoon, Patrick
Counsel
Ashley Sewrattan
180 Bloor St. W., Unit 1201
Toronto, Ontario
M5S 2V6
Telephone: (416) 583-1510
FAX: (416) 361-8199
Email: chris@sewrattan.com
Agent
270 Albert Street
Suite 1400
Ottawa, Ontario
K1P 5G8
Telephone: (613) 482-2459
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: His Majesty the King
Counsel
McMurtry-Scott Building, 10th Floor
720 Bay Street
Toronto, Ontario
M7A 1S9
Telephone: (416) 326-4600
FAX: (416) 436-4656
Email: jeremy.tatum@ontario.ca
Summary
Keywords
Charter of Rights — Right to be tried within a reasonable time — Criminal law — What test should trial judges apply under s. 11(b) of the Canadian Charter of Rights and Freedoms when deciding whether delay caused by the COVID-19 pandemic is reasonable?<br>
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.
(PUBLICATION BAN IN CASE)
Mr. Agpoon was charged in December 2018 with offences relating to human trafficking in minors, possession of fentanyl, and a firearms offence. Mr. Flemmings was added to the Indictment in December 2019 on counts related to human trafficking and possession of fentanyl. The case came before the Ontario Court of Justice before the COVID-19 pandemic closed all Ontario courts on March 17, 2020 and thereafter led to varying province-wide and regional closures, capacity restrictions and operational limitations. The Crown preferred a direct indictment on May 19, 2021. Mr. Agpoon and Mr. Flemmings applied to stay proceedings on the basis of delay. The Ontario Superior Court of Justice granted the application and stayed all charges. The Court of Appeal granted an appeal and set aside the stay of proceedings.
Lower court rulings
Ontario Superior Court of Justice
2022 ONSC 2762, CR-21-10000356-0000
Charges stayed for breaches of right to be tried within a reasonable time
Court of Appeal for Ontario
2023 ONCA 449, C70746, C70797
Appeal allowed, stay of proceedings set aside
Memorandums of argument on application for leave to appeal
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 filing 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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Related links
Factums on appeal
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
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