Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34090
Ibrahim Yumnu v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-01-02 | Appeal closed | |
| 2012-12-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-12-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-12-21 |
Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal for Ontario, Number C44836, 2010 ONCA 637, dated October 5, 2010, heard on March 14 and 15, 2012, is dismissed. Dismissed |
|
| 2012-11-22 |
Correspondence received from, Michal Fairburn rec'd Nov. 22/12 re: Supplemental Authorities with consent (sent to the Court Nov. 26/12) |
Her Majesty the Queen |
| 2012-04-03 | Transcript received, (202 pages) | |
| 2012-03-15 | Judgment reserved OR rendered with reasons to follow | |
| 2012-03-15 |
Hearing of the appeal, 2012-03-14, CJ LeB De F Abe Ro Cro Mo Ka Judgment reserved |
|
| 2012-03-14 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-03-14 | Respondent's condensed book, Joint with 34087-34091-34179-34340 - Sealed and Redacted filed in Court | Her Majesty the Queen |
| 2012-03-14 | Intervener's condensed book, Filed in Court | Information and Privacy Commissioner of Ontario |
| 2012-03-14 | Intervener's condensed book, Filed in Court | David Asper Centre for Constitutional Rights |
| 2012-03-14 | Intervener's condensed book, Filed in Court | Canadian Civil Liberties Association |
| 2012-03-14 | Intervener's condensed book, Filed in Court | Criminal Lawyers' Association |
| 2012-03-14 | Appellant's condensed book, Filed in Court | Ibrahim Yumnu |
| 2012-03-09 | Reply factum on appeal, Joint with 34087-34091,34179, 34340, Completed on: 2012-03-10 | Her Majesty the Queen |
| 2012-03-07 | Order on motion to file a reply factum on appeal, (BY FISH J.) (joint with 34087-91-179-340) | |
| 2012-03-07 |
Decision on the motion to file a reply factum on appeal, (joint with 34087-91-179-340), F, UPON APPLICATION by the respondent for an order permitting the filing of a reply factum to the factums of the interveners; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted Granted |
|
| 2012-03-07 | Submission of motion to file a reply factum on appeal, F | |
| 2012-03-07 | Notice of appearance, Gerald Chan and Nader Hasan | British Columbia Civil Liberties Association |
| 2012-03-07 | Notice of appearance, Anthony Moustacalis and Peter Thorning | Criminal Lawyers' Association |
| 2012-03-06 | Notice of appearance, William S. Challis and Stephen McCammon will be appearing | Information and Privacy Commissioner of Ontario |
| 2012-03-06 | Notice of appearance, Michal Fairburn, John McInnes, Susan Magotiaux and Deborah Krick will be appearing | Her Majesty the Queen |
| 2012-03-05 | Motion to file a reply factum on appeal, to the factums of the interveners (joint with 34087-91-179-340), Completed on: 2012-03-07 | Her Majesty the Queen |
| 2012-03-05 |
Order by, F, FURTHER TO THE ORDERS dated February 3, 10 and 17, 2012, granting leave to intervene to the Information and Privacy Commissioner of Ontario, the Ontario Crown Attorney’s Association, the Canadian Civil Liberties Association, the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association, the Criminal Lawyers' Association and the Attorney General of Alberta; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2012-03-02 | Correspondence received from, Mr. Lafontaine dated Feb. 29/12 re: Record X1X of the appellant containing new affidavit.(sent to the Court Mar. 5/12) | Ibrahim Yumnu |
| 2012-03-02 | Correspondence received from | Ibrahim Yumnu |
| 2012-03-02 | Supplemental document, SEALED Supplementary Record of the Appellant Vol. X1X, Completed on: 2012-03-02 | Ibrahim Yumnu |
| 2012-03-01 | Intervener's book of authorities, Joint with 34087, 34091, 340179 and 34340, Completed on: 2012-03-01 | Criminal Lawyers' Association |
| 2012-02-29 | Notice of appearance, Gregory Lafontaine, Vincenzo Rondinelli and Lori Anne Thomas will be appearing, Mr. Lafontaine will present oral arguments | Ibrahim Yumnu |
| 2012-02-28 | Intervener's factum, Joint with 34087-34091-34340-34179, Completed on: 2012-02-28 | Criminal Lawyers' Association |
| 2012-02-28 | Intervener's book of authorities, Joint with 34087-34091-34340, Completed on: 2012-02-28 | Ontario Crown's Attorneys' Association |
| 2012-02-28 | Intervener's factum, Joint with 34087-34091-34340, Completed on: 2012-02-28 | Ontario Crown's Attorneys' Association |
| 2012-02-28 | Intervener's book of authorities, Joint with 34087-34091-34340-34179, Completed on: 2012-02-28 | David Asper Centre for Constitutional Rights |
| 2012-02-28 | Intervener's factum, Joint with 34091-34087-34340-34179, Completed on: 2012-02-28 | David Asper Centre for Constitutional Rights |
| 2012-02-28 | Intervener's book of authorities, (Vol. 1 and 2) Joint with 34087-34091-34340-34179, Completed on: 2012-02-28 | Information and Privacy Commissioner of Ontario |
| 2012-02-28 | Intervener's factum, Joint with 34087-34091-34340-34179, Completed on: 2012-02-28 | Information and Privacy Commissioner of Ontario |
| 2012-02-28 | Intervener's book of authorities, Joint with 34087-34091-34340-34179, Completed on: 2012-02-28 | Canadian Civil Liberties Association |
| 2012-02-28 | Intervener's factum, Joint with 34087-34091-34340-34179, Completed on: 2012-02-28 | Canadian Civil Liberties Association |
| 2012-02-28 | Intervener's book of authorities, Joint with 34087-34091-34340-34179, Completed on: 2012-02-28 | British Columbia Civil Liberties Association |
| 2012-02-28 | Intervener's factum, Joint with 34087-34091-34340-34179, Completed on: 2012-02-28 | British Columbia Civil Liberties Association |
| 2012-02-28 | Notice of appearance, Paul J.J. Cavalluzzo and Shaun O'Brien will be appearing | Ontario Crown's Attorneys' Association |
| 2012-02-27 | Appeal perfected for hearing | |
| 2012-02-17 | Correspondence received from, Ms. Magotiaux re: Order of Feb. 1, 2010 from the CA | Her Majesty the Queen |
| 2012-02-17 | Respondent's book of authorities, Joint with 34091 and 34340, Vol. 1 to 111, Completed on: 2012-02-17 | Her Majesty the Queen |
| 2012-02-17 | Respondent's record, Joint with 34091 and 34340, SEALED + 2 Redacted copies filed and served Feb. 22/12, Completed on: 2012-02-17 | Her Majesty the Queen |
| 2012-02-17 | Respondent's factum, Joint with 34091 and 34340, SEALED + 2 redacted copies filed and served Feb. 22/12, Completed on: 2012-02-27 | Her Majesty the Queen |
| 2012-02-15 | Correspondence received from, Deborah Krick dated Feb. 15/12 re sealing of respondent's factum (joint with 34087-179) | Her Majesty the Queen |
| 2012-02-10 | Order on motion for leave to intervene, (BY FISH J.) (joint with 34087-91-179-340) | |
| 2012-02-10 |
Decision on the motion for leave to intervene, (joint with 34087-91-179-340), F, UPON APPLICATION by the Criminal Lawyers' Association for an extension of time and for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time and for leave to intervene by the Criminal Lawyers' Association is granted and the said intervener shall be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012. The requests to present oral argument are 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 appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention Granted |
|
| 2012-02-10 | Submission of motion for leave to intervene, F | |
| 2012-02-10 | Correspondence received from, Jeffrey W. Beedell (by email) dated Feb. 10/12 re list of sealed and unsealed documents | Ibrahim Yumnu |
| 2012-02-09 | Response to the motion for leave to intervene, (Letter Form), from Susan Magotiaux dated Feb. 9/12 (By CLA) (joint with 34087-91-179-340), Completed on: 2012-02-09 | Her Majesty the Queen |
| 2012-02-08 | Order on motion to extend time, (BY THE REGISTRAR) (joint with 34087-091-179-340) | |
| 2012-02-08 |
Decision on motion to extend time, (joint with 34087-091-179-340), Reg, UPON APPLICATION by the appellant Ibrahim Yumnu in file number 34090 for an extension of time to serve and file its record to December 21, 2011, its factum to January 10, 2012 and its book of authorities to January 11, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1) The motion of the appellant Yumnu is granted. 2) The respondent is permitted to serve and file its facta and book of authorities in all of the above appeals no later than February 17, 2012 Granted |
|
| 2012-02-08 | Submission of motion to extend time, Reg | |
| 2012-02-06 | Response to the motion for leave to intervene, (Letter Form), (to CLA) From Gregory Lafontaine, dated Feb.6/12 by fax, Completed on: 2012-02-06 | Ibrahim Yumnu |
| 2012-02-06 | Letter sent to Intervener(s) | |
| 2012-02-03 | Motion for leave to intervene, (joint with motion to extend time) (joint with 34087, 34091, 34179 and 34340), Completed on: 2012-02-03 | Criminal Lawyers' Association |
| 2012-02-03 | Correspondence received from, Michal Fairburn by e-mail re: request extension of time til Feb. 17/12 to file his respondent's factum. | Her Majesty the Queen |
| 2012-02-03 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2012-02-03 |
Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association for leave to intervene in the above appeals; AND UPON APPLICATIONS by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association for an extension of time and for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Information and Privacy Commissioner of Ontario, the Canadian Civil Liberties Association and the Ontario Crown Attorney’s Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012. The motions for an extension of time and for leave to intervene by the David Asper Centre for Constitutional Rights, the British Columbia Civil Liberties Association are granted and the said interveners shall each be entitled to serve and file a single factum not to exceed 10 pages in length on or before February 28, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners 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 interveners shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by their intervention. Granted |
|
| 2012-02-02 | Discontinuance of motion to seal, (entered for administrative purpose) | Her Majesty the Queen |
| 2012-02-02 | Submission of motion for leave to intervene, F | |
| 2012-02-02 | Correspondence received from, Jeffrey W. Beedell by email dated Feb. 2/12 re sealing of vol. XIII and XIV and unsealing vol. I to XI of the appellant's record | Ibrahim Yumnu |
| 2012-02-02 | Correspondence received from, Jeffrey W. Beedell by email dated Feb. 2/12 re sealing of vol. XIII and XIV of the appellant's record | Ibrahim Yumnu |
| 2012-01-31 | Response to motion to extend time, Completed on: 2012-01-31 | Her Majesty the Queen |
| 2012-01-31 | Motion to extend time, to serve and file the appellant's record to Dec. 21/11, the appellant's factum to Jan. 10/12 and the appellant's book of authorities to Jan. 11/12, Completed on: 2012-01-31 | Ibrahim Yumnu |
| 2012-01-27 | Correspondence received from, Burke-Robertson by email dated Jan. 27/12 re documents to be sealed (joint with 34091-34340) | Her Majesty the Queen |
| 2012-01-24 | Motion to seal, volumes XIII and XIV of the Appellant's record (see email filed Feb 2/12) (motion NOT dealt with since agreement with parties), Completed on: 2012-01-24 | Her Majesty the Queen |
| 2012-01-20 | Response to the motion for leave to intervene, (Letter Form), (to IPC) (joint with 34340) from Michal Fairburn, dated Jan.23/12, by fax, Completed on: 2012-01-20 | Her Majesty the Queen |
| 2012-01-20 | Supplemental document, (Book of Authorities), Completed on: 2012-01-20 | Information and Privacy Commissioner of Ontario |
| 2012-01-20 | Motion for leave to intervene, (Bookform) (2 volumes), Completed on: 2012-01-20 | Information and Privacy Commissioner of Ontario |
| 2012-01-17 | Response to the motion for leave to intervene, (Letter Form), (to IPC) from Gregory Lafontaine, dated Jan.16/12, Completed on: 2012-01-17 | Ibrahim Yumnu |
| 2012-01-17 | Response to the motion for leave to intervene, (Letter Form), (for CCLA, David Asper Center and BCCLA) (joint with 34091, 34340, 34087 and 34179) from Michal Fairburn, by fax, dated Jan.9/12, Completed on: 2012-01-17 | Her Majesty the Queen |
| 2012-01-17 | Response to the motion for leave to intervene, (Letter Form), (to motion by OCAA) (joint with 34091 and 34087) from Mr. John McInnes, by fax, dated Jan.9/12, Completed on: 2012-01-17 | Her Majesty the Queen |
| 2012-01-16 | Reply to the motion for leave to intervene, (Letter Form), (to letter dated Jan.9/12 from Mr. McInnes) (joint with 34091 and 34087) from Paul J.J, Cavalluzzo, dated Jan.16/12, rec'd by fax, Completed on: 2012-01-16 | Ontario Crown's Attorneys' Association |
| 2012-01-12 | Response to the motion for leave to intervene, (Letter Form), (for all interveners) (by fax) from Gregory Lafontaine, dated Jan.11/12, Completed on: 2012-01-12 | Ibrahim Yumnu |
| 2012-01-11 | Appellant's book of authorities, Completed on: 2012-01-11 | Ibrahim Yumnu |
| 2012-01-10 | Appellant's factum, Motion for extension of time requested - Rec'd on January 31, 2012, Completed on: 2012-02-10 | Ibrahim Yumnu |
| 2012-01-06 | Correspondence received from, Gregory Lafontaine, fax dated Jan.6, 2012, re.: delay perfecting appeal - documents will be served and filed by Monday, Jan.9, 2012. | Ibrahim Yumnu |
| 2012-01-06 | Correspondence received from, Michael Fairburn, fax dated Jan.6, 2012, re.: perfecting appeal - deadline | Her Majesty the Queen |
| 2011-12-22 | Order on miscellaneous motion | |
| 2011-12-22 |
Decision on miscellaneous motion, (joint with 34091, 34340, 34087, 34179), Reg, to permit the Crown to file a single factum responding to the Yumnu, Cardoso, and Duong appeals; to set out the law in respect to the legal issues raised in Yumnu, Cardoso, Duong, Emms, and Davey in its factum in Yumnu, Cardoso and Duong; an order that the Yumnu, Cardoso and Duong factum be no more than 90 pages in length; an order that the Emms factum be no more than 20 pages in length; an order that the Davey factum be no more than 30 pages in length; and an order that the Crown may file all facta in these matters on or before February 10, 2012. Granted |
|
| 2011-12-22 | Submission of miscellaneous motion, Reg | |
| 2011-12-21 | Appellant's record, 18 volumes (Volumes I to XI unsealed and XII to XVIII are sealed), Completed on: 2011-12-21 | Ibrahim Yumnu |
| 2011-12-14 | Motion for leave to intervene, Book form (Joint with 34179, 34090, 34087, 34340), Completed on: 2011-12-14 | David Asper Centre for Constitutional Rights |
| 2011-12-13 | Motion for leave to intervene, Book form (joint with 34087, 34091, 34179 & 34340) (Extension of time included), Completed on: 2011-12-13 | British Columbia Civil Liberties Association |
| 2011-12-12 | Motion for leave to intervene, Book form (joint with 34091 & 34087) (fees missing - rec'd Dec. 15, 2011), Completed on: 2011-12-15 | Ontario Crown's Attorneys' Association |
| 2011-12-12 | Response to the motion for leave to intervene, Included in the motion book, Completed on: 2011-12-12 | Ibrahim Yumnu |
| 2011-12-12 | Motion for leave to intervene, Book Form, (Joint with 34091, 34340, 34087 & 34179), Completed on: 2011-12-12 | Canadian Civil Liberties Association |
| 2011-12-09 | Notice of hearing sent to parties | |
| 2011-12-08 | Notice of miscellaneous motion, For Order to permit Crown to file one 90 page factum re. Yumnu, Cardoso & Duong; set out the law in legal issues raised in all 5 cases; Emms factum 20 pgs; Davey factum 30 pgs, be filed by Feb. 10, 2012. (joint with 34091,34340, 34087 & 34179), Completed on: 2011-12-08 | Her Majesty the Queen |
| 2011-12-07 | Appeal hearing scheduled, 2012-03-15, For webcasting purposes only – March 14 & 15, 2012. | |
| 2011-12-07 |
Appeal hearing scheduled, 2012-03-14, (Early start 9:00am) Judgment reserved |
|
| 2011-11-02 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2011-08-23 | Notice of appeal, Completed on: 2011-08-23 | Ibrahim Yumnu |
| 2011-06-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-06-24 | Judgment on leave sent to the parties | |
| 2011-06-23 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal and the application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C44836, 2010 ONCA 637, dated October 5, 2010, are granted without costs. Granted, without costs |
|
| 2011-06-23 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2011-05-30 | All materials on application for leave submitted to the Judges, Bi Abe Ro | |
| 2011-05-30 | Submission of motion to extend time to file and/ or serve the leave application, Bi Abe Ro | |
| 2011-03-10 | Respondent's response on the application for leave to appeal, (joint with 34091) Vol. I & II (vol. II SEALED), Completed on: 2011-03-10 | Her Majesty the Queen |
| 2011-02-16 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-02-08 | Motion to extend the time to file and or serve the application for leave to appeal, (included in the application), Completed on: 2011-02-08 | Ibrahim Yumnu |
| 2011-02-08 | Application for leave to appeal, Completed on: 2011-02-08 | Ibrahim Yumnu |
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 |
|---|---|---|
| Yumnu, Ibrahim | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| Ontario Crown's Attorneys' Association | Intervener | Active |
| David Asper Centre for Constitutional Rights | Intervener | Active |
| Information and Privacy Commissioner of Ontario | Intervener | Active |
| Criminal Lawyers' Association | Intervener | Active |
Counsel
Party: Yumnu, Ibrahim
Counsel
Gregory Lafontaine
Vincenzo Rondinelli
Lori Anne Thomas
Vincenzo Rondinelli
Lori Anne Thomas
Lafontaine & Associates
127 John Street
Toronto, Ontario
M5V 2E2
Telephone: (416) 204-1835
FAX: (416) 204-1849
Email: greg@127john.com
127 John Street
Toronto, Ontario
M5V 2E2
Telephone: (416) 204-1835
FAX: (416) 204-1849
Email: greg@127john.com
Agent
Jeffrey W. Beedell
McMillan LLP
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: Her Majesty the Queen
Counsel
Michal Fairburn
Susan Magotiaux
Deborah Krick
John McInnes
Susan Magotiaux
Deborah Krick
John McInnes
Attorney General of Ontario
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4658
FAX: (416) 326-4656
Email: michal.fairburn@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
Frank Addario
Addario Law Group
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5055
FAX: (866) 714-1196
Email: faddario@addario.ca
171 John Street
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 649-5055
FAX: (866) 714-1196
Email: faddario@addario.ca
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: British Columbia Civil Liberties Association
Counsel
Gerald Chan
Nader R. Hasan
Nader R. Hasan
Ruby Shiller Chan Hasan
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: gchan@rubyshiller.com
11 Prince Arthur Avenue
Toronto, Ontario
M5R 1B2
Telephone: (416) 964-9664
FAX: (416) 964-8305
Email: gchan@rubyshiller.com
Agent
Colleen Bauman
Sack Goldblatt Mitchell LLP
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
500 - 30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 235-5327
FAX: (613) 235-3041
Email: cbauman@sgmlaw.com
Party: Ontario Crown's Attorneys' Association
Counsel
Paul J.J. Cavalluzzo
Shaun O'Brien
Shaun O'Brien
Cavalluzzo Hayes Shilton McIntyre & Cornish LLP
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
300 - 474 Bathurst Street
Toronto, Ontario
M5T 2S6
Telephone: (416) 964-1115
FAX: (416) 964-5895
Email: pcavalluzzo@cavalluzzo.com
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
1500 - 50 O'Connor St.
Ottawa, Ontario
K1P 6L2
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: David Asper Centre for Constitutional Rights
Counsel
Cheryl Milne
Lisa Austin
Lisa Austin
University of Toronto
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
39 Queen's Park Cres. East
Toronto, Ontario
M5S 2C3
Telephone: (416) 978-0092
FAX: (416) 978-8894
Email: cheryl.milne@utoronto.ca
Agent
Martha A. Healey
Norton Rose Canada LLP
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
Email: martha.healey@nortonrose.com
Party: Information and Privacy Commissioner of Ontario
Counsel
William S. Challis
Stephen McCammon
Stephen McCammon
Information and Privacy Commissioner/Ontario
2 Bloor Street East
Suite 1400
Toronto, Ontario
M4W 1A8
Telephone: (437) 770-8564
FAX: (416) 325-9186
Email: bill.challis@ipc.on.ca
2 Bloor Street East
Suite 1400
Toronto, Ontario
M4W 1A8
Telephone: (437) 770-8564
FAX: (416) 325-9186
Email: bill.challis@ipc.on.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Criminal Lawyers' Association
Counsel
Anthony Moustacalis
Peter Thorning
Peter Thorning
1000 - 121 Richmond St. W.
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-2656
FAX: (416) 363-4920
Email: anthonyem@msn.com
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-2656
FAX: (416) 363-4920
Email: anthonyem@msn.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.
Criminal law — Juries — Selection Non-disclosure of results of investigation of potential jurors conducted by the police and the Crown prior to the selection of the jury — Impact of this on the overall fairness of the trial process — Was Applicant’s right to make full answer and defence impaired? — Whether this so affected the overall appearance of fairness that a new trial is required.
Yumnu and two others were convicted of first degree murder. On the appeal to the Ontario Court of Appeal, it was disclosed that the Crown had engaged in a practice of jury vetting in the Barrie area. Fresh evidence was admitted on appeal that established that the Crown had enlisted the aid of police forces to obtain information about prospective jurors, which was not disclosed to the defence. The Court of Appeal dismissed the appeal, finding that although the Crown had an obligation to disclose the information to the defence, the failure to do so did not taint the fairness of the trial or impede the right to make fair answer and defence.
Lower court rulings
December 22, 2005
Ontario Superior Court of Justice
Ontario Superior Court of Justice
See file
October 5, 2010
Court of Appeal for Ontario
C44836, 2010 ONCA 637
Court of Appeal for Ontario
C44836, 2010 ONCA 637
Appeal dismissed
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Date modified: 2024-10-03