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.
34720
Her Majesty the Queen v. Harry Persaud Sanichar
(Ontario) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-02-05 | Appeal closed | |
| 2013-01-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-01-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-01-24 |
Judgment on the appeal rendered, CJ F Abe Ro Mo Ka Wa, The motion to quash the appeal is dismissed. The appeal from the judgment of the Court of Appeal for Ontario, Number C50224, 2012 ONCA 117, dated February 22, 2012, heard on December 6, 2012, is allowed and the convictions are restored. Fish J. is dissenting. Allowed |
|
| 2013-01-24 |
Decision on the motion to quash the appeal, CJ F Abe Ro Mo Ka Wa, See judgment Dismissed, no order as to costs |
|
| 2012-12-18 | Transcript received, (73 pages) | |
| 2012-12-06 | Judgment reserved OR rendered with reasons to follow | |
| 2012-12-06 |
Hearing of the appeal, 2012-12-06, CJ F Abe Ro Mo Ka Wa Judgment reserved |
|
| 2012-12-06 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-12-06 | Respondent's condensed book, (Book Form), Filed in Court | Harry Persaud Sanichar |
| 2012-12-03 | Appellant's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2012-11-29 | Notice of appearance, Christine Barlett-Hughes and Holly Loubert will be appearing | Her Majesty the Queen |
| 2012-11-27 | Notice of appearance, Mark C. Halfyard and Michael Dineen will be appearing | Harry Persaud Sanichar |
| 2012-10-03 | Submission of motion to quash, CJ F Abe Ro Mo Ka Wa | |
| 2012-09-20 | Response to the motion to quash, (sent to bench on Oct. 3/12), Completed on: 2012-09-20 | Her Majesty the Queen |
| 2012-09-12 | Respondent's book of authorities, Completed on: 2012-09-12 | Harry Persaud Sanichar |
| 2012-09-10 | Respondent's book of authorities, (on Motion to Quash) (sent to bench Oct. 3/12), Completed on: 2012-09-10 | Harry Persaud Sanichar |
| 2012-09-05 | Respondent's factum, Completed on: 2012-09-05 | Harry Persaud Sanichar |
| 2012-09-05 | Motion to quash, (Book Form), (joint with an extension of time) (sent to bench on Oct. 3/12), Completed on: 2012-09-05 | Harry Persaud Sanichar |
| 2012-08-08 | Order on motion to appoint counsel | |
| 2012-08-08 |
Decision on motion to appoint counsel, Mo, Mark C. Halfyard and Michael Dineen are assigned to act as counsel on behalf of the Respondent, Harry Persaud Sanichar; The Attorney General of Ontario shall pay the reasonable fees and disbursement of Mark C. Halfyard and Michael Dineen at a rate of $185.00 per hour for the purpose of responding to the above-noted appeal. The factum of the respondent shall be filed no later than September 5, 2012 Granted |
|
| 2012-08-08 | Submission of motion to appoint counsel, Mo | |
| 2012-07-31 | Correspondence received from, Christine Bartlett-Hughes rec'd by fax re: appoint of counsel | Her Majesty the Queen |
| 2012-07-30 | Response to motion to appoint counsel, Consent included in motion to appoint counsel, Completed on: 2012-07-30 | Her Majesty the Queen |
| 2012-07-30 | Motion to appoint counsel, namely that Mark C. Halfyard and Michael Dineen be assigned to act as counsel on behalf of the Respondent (Consent included), Completed on: 2012-07-30 | Harry Persaud Sanichar |
| 2012-07-26 | Appeal perfected for hearing | |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-12-06 Judgment reserved |
|
| 2012-05-31 | Appellant's book of authorities, (2 volumes), Completed on: 2012-05-31 | Her Majesty the Queen |
| 2012-05-31 | Appellant's record, (3 volumes), Completed on: 2012-05-31 | Her Majesty the Queen |
| 2012-05-31 | Appellant's factum, Completed on: 2012-05-31 | Her Majesty the Queen |
| 2012-04-04 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-03-09 | Notice of appeal, Completed on: 2012-03-09 | 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 |
|---|---|---|
| Sanichar, Harry Persaud | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Holly Loubert
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartlett-hughes@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Sanichar, Harry Persaud
Counsel
Michael Dineen
36 Lombard Street
Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (416) 598-1811
FAX: (416) 598-3384
Email: halfyard@criminaltriallawyers.com
Agent
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
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 Evidence Complainant’s testimony Reliability Whether the trial judge failed to conduct a proper inquiry into the reliability of the complainant’s evidence Whether the trial judge failed to apply the principles of reasonable doubt to aspects of the evidence that could have been in the defence’s favour.
The respondent was convicted of rape, indecent assault, buggery, gross indecency, sexual assault, assault and assault with a weapon. The convictions concern the physical and sexual abuse of the complainant, the respondent’s step daughter, which allegedly occurred over the span of several years when she was a child. The complainant was in her mid thirties when she testified as the Crown’s only witness. The Majority of the Court of Appeal allowed the respondent’s appeal from conviction and ordered a new trial on the basis that the trial judge failed to conduct a proper inquiry into the reliability of the complainant’s testimony and failed to apply the principles of reasonable doubt to the aspects of the evidence that could have been in the respondent’s favour. Finding no error in the trial judge’s treatment of the evidence, Laskin J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Ontario Superior Court of Justice
See file
Court of Appeal for Ontario
C50224, 2012 ONCA 117
See file
Memorandums of argument on application for leave to appeal
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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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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
Not available