SCC hears an alleged entrapment case, federal court of appeal on dispute over importation

Pfefferle, Hicks Adams, Bytensky Shikhman, Gorham Vandebeek, Stockwoods appear before top court

SCC hears an alleged entrapment case, federal court of appeal on dispute over importation

Pfefferle Law Office, Hicks Adams LLP, Bytensky Shikhman, Gorham Vandebeek LLP, and Stockwoods LLP appeared before Canada’s highest court this week., with the Supreme Court of Canada hearing multiple criminal cases involving admissibility of evidence, alleged entrapment operations, unreasonable delay of the proceedings, and offences which were the subject of a court martial.

Entrapment

An undercover investigation called “Project Raphael” by the York Regional Police in Ontario aimed to reduce the demand for sexual services from juveniles in the region by targeting the “buyer side.” The police posted fake online advertisements for “escorts.” An undercover officer posed as an escort and disclosed that “she” was underage to individuals who responded to the advertisement. Individuals were then directed to a hotel room to complete the transaction. They were arrested upon arrival. Four separate actions were brought to the SCC. The issue before the court was whether the operations were entrapment or bona fide police inquiries. Hicks Adams LLP was the legal counsel of Corey Daniel Ramelson, Bytensky Shikhman represented Erhard Haniffa, the Public Prosecution Service acted for Temitope Dare, and Gorham Vandebeek LLP represented Muhammad Abbas Jaffer.

Admissibility

A Saskatchewan man was shot in his home by two masked men. He identified Jacob Charles Badger as the person who shot him shortly after the incident, but he failed to identify the assailants during trial. The trial judge found Badger guilty of aggravated assault based on the statement made by the victim in the immediate aftermath of the shooting. The judge admitted into evidence the victim’s statement as res gestae, a spontaneous utterance which is an exception to the hearsay rule. The Court of Appeal upheld the conviction. Badger was represented by Pfefferle Law Office in the proceedings.

Unreasonable Delay

Syed Adeel Safdar and two co-accused were put on trial for abusing Safdar’s wife. Alleging that the proceedings were unreasonably delayed, the accused brought an application for a stay of the action.  The trial judge granted the stay and also advised that he had completed his decision on the trial proper, which he did not release, but placed under seal pending the outcome of any appeal of the stay order. The Crown appealed the stay order, arguing that the judge committed a mistake in including the period from the end of the evidence and argument until the release of the stay decision in his calculation of the overall delay. The Court of Appeal agreed with the Crown, set aside the stay order, and referred the matter back to the trial judge to release his decision on the trial proper. Stockwoods LLP was the legal counsel of the accused Syed Adeel Safdar.

Court martial

Cpl. McGregor was a Canadian Armed Forces member posted to and residing in the US. He was suspected of committing interference and voyeurism by placing audio recording devices in the residence of another armed forces member. The Canadian Forces National Investigation Service, through a warrant obtained by the American police, entered Cpl. McGregor’s residence and seized the electronic devices they found there. The devices were then sent to Canada. The Standing Court Martial dismissed a motion to exclude the evidence for breach of s. 8 of the Canadian Charter of Rights and Freedoms. Cpl. McGregor was convicted for sexual assault, two counts of voyeurism, possession of a device for unlawful interception, and disgraceful conduct. The Court Martial Appeal Court dismissed an appeal. Cpl. McGregor was represented by Diana Mansour and Mark Letourneau of the Defence Counsel Services.

Federal Court of Appeal

Multiple cases under the Special Import Measures Act were brought to the appellate court. These cases stemmed from a complaint filed by Canadian manufacturers of oil country tubular goods (OCTG) with the Canada Border Services Agency. They alleged that imports into Canada of OCTG exported from Taiwan, India, Indonesia, the Philippines, South Korea, Thailand, Turkey, Ukraine, and Vietnam had been dumped and subsidized, which threatened to injure the domestic industry producing like goods. Some of the Canadian manufacturers and their counsel which appeared in court were Algoma Steel Inc. with Conlin Bedard LLP as its counsel, Tenaris Canada with McMillan LLP, and Welded Tube of Canada Corporation with Cassidy Levy Kent LLP.

Actions under aboriginal law were also heard by the Federal Court of Appeal. Some of the notable firms in court were MLT Aikins for Louis Bull Tribe, Rae and Company for Stoney Nakoda Nations, and Blake Cassels & Graydon for Ermineskin Cree Nation.

Federal Court

The Federal Court heard the case of an employee of the Canadian Security Intelligence Services (CSIS) who had been allegedly subjected to workplace discrimination, bullying, and religious persecution. Sameer Ebadi had been employed by CSIS as an analyst since 2000 in the Prairie Region. He is a practicing Muslim who immigrated to Canada in the 1990s as a political refugee fleeing from a repressive Middle Eastern regime. Sameer is represented by Waddell Phillips during trial.

The court also heard a proposed class proceeding involving persons who sold real property listed on the Multiple Listing Service System (MLS) owned and operated by the Toronto Regional Real Estate Board (TREB). The class alleged that TREB and its co-conspirators manipulated the rate of real estate commissions from purchase and sale of properties listed on the Toronto MSL.

In the area of intellectual property, some of the notable firms which appeared in court this week include Gowling WLG for Bargain Club Inc., Pinto Legal for Zoomtoner, Miller Thomson LLP for Liberty Staffing Services Inc., Piasetzki & Nenniger Kvas LLP for Frac Shack Inc., Smart & Biggar for Medisca Pharmaceutique Inc., Swainson Miki Peskett LLP for Maxima Pharmaceuticals Inc., Goodmans LLP for Google, Robic for Sonos Inc., Norton Rose Fulbright Canada LLP for Canadian Tire Corporation, and Aitken Klee LLP for Teva Canada Innovation.

Under immigration and refugee law, the firms present in court this week include Desloges Law Group, Mrkich Law, Lewis & Associates, Kaminker & Associates, Korman & Korman LLP, Eastman Law Office, Zaifman Immigration Lawyers, Riches, McKenzie & Herbert, and Poulton Law Office.

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