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SCC File No. 39062 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for ONTARIO)

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SCC File No. 39062 in the SUPREME COURT of CANADA (ON APPEAL from the COURT of APPEAL for ONTARIO) SCC File No. 39062 IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO) BETWEEN: HER MAJESTY THE QUEEN APPELLANT (Respondent) – and – PARDEEP SINGH CHOUHAN RESPONDENT (Appellant) – and – ATTORNEY GENERAL OF CANADA, ATTORNEY GENERAL OF MANITOBA, ATTORNEY GENERAL OF BRITISH COLUMBIA, ATTORNEY GENERAL OF ALBERTA, ABORIGINAL LEGAL SERVICES, ADVOCATES' SOCIETY, DEBBIE BAPTISTE, BRITISH COLUMBIA CIVIL LIBERTIES ASSOCIATION, CANADIAN ASSOCIATION OF BLACK LAWYERS, CANADIAN MUSLIM LAWYERS ASSOCIATION AND FEDERATION OF ASIAN CANADIAN LAWYERS, CRIMINAL LAWYERS' ASSOCIATION (ONTARIO), DAVID ASPER CENTRE FOR CONSTITUTIONAL RIGHTS, DEFENCE COUNSEL ASSOCIATION OF OTTAWA, SOUTH ASIAN BAR ASSOCIATION OF TORONTO, ASSOCIATION QUÉBÉCOISE DES AVOCATS ET AVOCATES DE LA DÉFENSE INTERVENERS FACTUM OF THE INTERVENER DEFENCE COUNSEL ASSOCIATION OF OTTAWA (Pursuant to Rule 42 the Rules of the Supreme Court of Canada) MICHAEL JOHNSTON JAMES COULTER SOLOMON FRIEDMAN Shore Johnston Hyslop Day | LLP James Coulter Law 200 Elgin Street (Suite 800) 200 Elgin Street (Suite 800) Ottawa, ON / K2P 1L5 Ottawa, ON / K2P 1 L5 Telephone: 1-613-233-7747 Telephone: 1-613-371-3884 Facsimile: 1-613-233-2374 Facsimile: 1-613-233-2374 E-mail: [email protected] E-Mail: [email protected] Counsel for the Intervener Agent for the Intervener Defence Counsel Association of Ottawa Defence Counsel Association of Ottawa i MINISTRY OF THE ATTORNEY NADIA EFFENDI GENERAL Crown Law Office – Criminal Borden Ladner Gervais LLP 10th Floor, 720 Bay Street World Exchange Plaza Toronto, ON M7A 2S9 1300 - 100 Queen Street Ottawa, ON K1P 1J9 Andreea Baiasu Tel: 613-787-3562 Michael Perlin Fax: 613-230-8842 Rebecca Law Email: [email protected] Tel: (416) 326-4600 Facsimile: (416) 326-4656 Email: [email protected] [email protected] [email protected] Counsel for the Appellant, Agent for the Appellant, Attorney General of Ontario Attorney General of Ontario DIRK DERSTINE EUGENE MEEHAN TANIA BARITEAU Derstine Penman Criminal Lawyers Supreme Advocacy LLP 302-559 College Street 340 Gilmour Street, Suite 100 Toronto, ON M6G 1A9100 Ottawa, Ontario K2P 0R3 Tel: (416) 304-1414 Tel: (613) 695-8855 Fax: (416) 304-1345 Fax: (613) 685-8580 Email: [email protected] Email: [email protected] [email protected] Counsel for the Respondent Agent for the Respondent CAITLYN E. KASPER NADIA EFFENDI JONATHAN RUDIN Aboriginal Legal Services Borden Ladner Gervais LLP 211 Yonge Street (Suite 500) World Exchange Plaza Toronto, ON M5B 1M4 1300 - 100 Queen Street Tel: (416) 408-4041 Ext 229 Ottawa, ON K1P 1J9 Fax: (416) 408-1568 Tel: 613-787-3562 Email: [email protected] Fax: 613-230-8842 Email: [email protected] Counsel for the Intervener Agent for the Intervener Aboriginal Legal Services Aboriginal Legal Services ii JEFFREY JOHNSTON ROBERT FRATER, Q.C Department of Justice Canada Department of Justice Canada Civil Litigation Section Civil Litigation Section 50 O’Connor Street, Suite 500 50 O’Connor Street, Suite 500 Ottawa, ON K1A 0H8 Ottawa, ON K1A 0H8 Tel: (613) 608-3913 Tel: (613) 670-6289 Fax: (613) 954-1920 Fax: (613) 954-1920 Email: [email protected] Email: [email protected] Counsel for the Intervener, Agent for the Appellant, Attorney General of Canada Attorney General of Canada CHARLES MURRAY D. LYNNE WATT Department of Justice Gowling WLG (Canada) LLP 405 Broadway, 5th Floor 160 Elgin Street, Suite 2600 Winnipeg, Manitoba Ottawa, Ontario R3C 3L6 K1P 1C3 Tel: (204) 945-2852 Tel: (613) 786-8695 Fax: (204) 945-1260 Fax: (613) 788-3509 Email: [email protected] Email: [email protected] Counsel for the Intervener, Agent for the Intervener, Attorney General of Manitoba Attorney General of Manitoba LARA VIZSOLYI ROBERT E. HOUSTON, QC Ministry of Justice Gowling WLG (Canada) LLP 3rd Floor – 940 Blanchard Street 160 Elgin Street, Suite 2600 Victoria, British Columbia Ottawa, Ontario V8W 3E6 K1P 1C3 Tel: (250) 387-0150 Tel: (613) 786-8695 Fax: (250) 387-4262 Fax: (613) 788-3509 Email: [email protected] Email: [email protected] Counsel for the Intervener, Agent for the Intervener, Attorney General of British Columbia Attorney General of British Columbia iii ANDREW BARG D. LYNN WATT Justice and Solicitor General Gowling WLG (Canada) LLP Appeals Unit 160 Elgin Street, Suite 2600 300 Centrium Place, 332-6 Avenue SW Ottawa, Ontario Calgary, Alberta K1P 1C3 T2P 0B2 Tel: (613) 786-8695 Tel: (403) 297-6005 Fax: (613) 788-3509 Fax: (403) 297-3453 Email: [email protected] Email: [email protected] Counsel for the Intervener, Agent for the Intervener, Attorney General of Alberta Attorney General of Alberta JILL PRESSER MATTHEW J. HALPIN Presser Barristers Norton Rose Fullbright Canada LLP 116 Simcoe Street, Suite 100 45 O’Conner Street, Suite 1500 Toronto, Ontairo M5H 4E2 Ottawa, ON K1P 1A4 Tel: (416) 586-0330 Tel: (613) 780-8654 Fax: (416) 596-2597 Fax: (613) 230-5459 Email: [email protected] Email: [email protected] CATE MARTELL 116 Simcoe Street, Suite 100 Toronto, ON M5H 4E2 Tel: (647) 378-8838 Fax: (416) 596-2597 Email: [email protected] Counsel for the Intervener Agent for the Intervener, The Advocates’ Society The Advocates’ Society CHRISTOPHER MURPHY NADIA EFFENDI ELEANORE SUNCHILD MICHAEL SEED Borden Ladner Gervais LLP Murphys World Exchange Plaza 2900 – 161 Bay Street 1300 - 100 Queen Street Toronto, ON M5J 2S1 Ottawa, ON K1P 1J9 Tel: (416) 306-2956 Tel: 613-787-3562 Fax: (416) 362-8410 Fax: 613-230-8842 Email: [email protected] Email: [email protected] Counsel for the Intervener Agent for the Intervener Debbie Baptiste Debbie Baptiste iv JOSHUA SEALY-HARRINGTON MAXINE VINCELETTE JENNIFER KLINCK Power Law/Juristes Power Power Law/Juristes Power 401 West Georgia Street, Suite 1660 130 Alberts Street, Suite 1103 Vancouver, BC V6B 5A1 Ottawa, ON K1P 5G4 Tel: (520) 509-2446 Tel: (613) 702-5573 Fax: (520) 509-2446 Fax: (613) 702-5573 Email: [email protected] Email: [email protected] Counsel for the Intervener Agent for the Intervener The British Columbia Civil Liberties The British Columbia Civil Liberties Association Association PETER THORNING MARIE FRANCE MAJOR Supreme Advocacy LLP Brauti Thorning LLP 340 Gilmour Street, Suite 100 2900-161 Bay Street Ottawa, ON K2P 0R3 Toronto, ON M5J 2S1 Tel: (613) 695-8855 Tel: (416) 304-6521 Fax: (613) 695-8580 Fax: (416) 868-0673 Email: [email protected] Email: [email protected] ATRISHA LEWIS SANDRA A. LANGE McCarthy Tétrault LLP 5300 – 66 Wellington Street West Toronto, ON M5K 1E6 Tel: (416) 601-7859 Fax: (416) 868-0673 Email: [email protected] [email protected] Counsel for the Intervener Agent for the Intervener Canadian Association of Black Lawyers Canadian Association of Black Lawyers v NADER R. HASAN MAXINE VINCELETTE DRAGANA RAKIC Power Law/Juristes Power Stockwoods LLP 130 Alberts Street, Suite 1103 TD North Tower Ottawa, ON K1P 5G4 77 King Street West, Suite 4130 Tel: (613) 702-5573 Toronto, ON M5K 1H1 Fax: (613) 702-5573 Tel: (416) 593-1668 Email: [email protected] Fax: (416) 593-9345 Email: [email protected] [email protected] EMILY LAM VINIDHRA VAITHEESWARAN Kastner Lam LLP 55 University Avenue, Suite 1800 Toronto, ON M5J 2H7 Tel: (416) 655-3044 ext.2 Fax: (416) 655-3044 Email: [email protected] [email protected] Counsel for the Interveners Agent for the Interveners Canadian Muslim Lawyers Association and Canadian Muslim Lawyers Association and Federation of Asian Canadian Lawyers Federation of Asian Canadian Lawyers NATHAN GORHAM MATTHEW ESTABROOKS Gorham Vandebeek LLP Gowling WLG (Canada) LLP 36 Lombard Street 160 Elgin Street, Suite 2600 Toronto, ON M5C 2X3 Ottawa, Ontario K1P 1C3 Tel: (416) 410-4814 Tel: (613) 786-0211 Fax: (416) 598-3384 Fax: (613) 788-3573 Email: [email protected] Email: [email protected] MINDY CATERINA Barrister and Solictor 2601-180 Dundas Street West Toronto, ON M5G 1Z8 P.O. Box 466, Stn. A Tel: (416) 859-3005 Fax: (416) 599-1307 Email: [email protected] Counsel for the Intervener Agent for the Intervener Criminal Lawyers Association Criminal Lawyers Association vi JANANI SHANMUGANATHAN THOMAS SLADE Goddard Nasseri LLP Supreme Advocacy LLP 55 University Ave, Suite 1100 340 Gilmour St., Suite 100 Toronto, ON M5J 2H7 Ottawa, ON K2P 0R3 Tel: 9647) 351-7944 Tel: (613) 695-8855 Fax: (647) 846-7733 Fax: (613) 695-8580 Email: [email protected] Email: [email protected] Counsel for the Intervener Agent for the Intervener South Asian Bar Association of Toronto South Asian Bar Association of Toronto JEAN-GUILLAUME BLANCHETTE PAUL CHARLEBOIS Fréchette Blanchette Dingman Charlebois, Swanston, Gagnon, Avocats 85 Belvédère Nord, bureau 20 166 rue Wellington Sherbrooke, PC J1H 4A7 Gatineau, PC J8X 2J4 Tel: (819) 822-3434 Tel: (819) 770-4888 ext 105 Fax: (819) 822-3220 Fax: (819) 770 0712 Email: [email protected] Email: [email protected] GABRIEL BABINEAU Desjardins Côté, s.n.a. 500 Place d”Armes, bureau 2830 Montréal PC H2Y 2W2 Tel: (514) 284-2351 Fax: (514) 284-2354 Email: [email protected] Counsel for the Intervener Agent for the Intervener Québécoise des Avocats et Avocates de la Association Québecoise des Avocats et Défense Avocates de la Défense KENT ROACH MATTHEW J. HALPIN David Asper Centre for Constitutional Rights Norton Rose Fullbright Canada LLP University of Toronto 45 O’Connor Street, Suite 1500 78 Queen’s Park Crescent Ottawa, ON K1P 1A4 Toronto, ON M5S 2C3 Tel: (613) 780-8654 Tel: (416) 978-0092 Fax: (613) 230-5429 Fax: (416)-978-8894 Email: Email: [email protected] [email protected] Counsel for the Intervener Agent for the Intervener David Asper Centre for Constitutional David Asper Centre for Constitutional Rights Rights vii Table of Contents PART I – OVERVIEW AND STATEMENT OF FACTS ........................................................ 1 PART II – THE DCAO’S POSITION ON THE ISSUE ..........................................................
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