DATE: 20030822

DOCKET: C38761

COURT OF APPEAL FOR ONTARIO

RE:

UNITED STATES OF AMERICA (Respondent) – and – WAIL BALAWI (Appellant)

BEFORE:

DOHERTY, CHARRON and ARMSTRONG JJ.A.

COUNSEL:

Paul Slansky

for the appellant

Croft Michaelson

for the respondent

HEARD:

August 22, 2003

On appeal from the decision of Justice Tamarin Dunnet dated September 4, 2002.

A P P E A L B O O K E N D O R S E M E N T

[1] There is no basis upon which it could be said that the information retrieved by the U.S. customs officer from information stored in his computer system have been “gathered in Canada” merely because it refers to the theft of automobiles in Canada.

[2] There was ample evidence of identification apart from the evidence of what Bell would say at trial. That evidence was, however, admissible in any event.

[3] Apart entirely from the Criminal Code provision, the evidence that the appellant covered the VIN numbers by placing a false VIN number over it provided cogent evidence that the vehicles were stolen and the appellant was aware that they were stolen.

[4] The appeal is dismissed.

“D. Doherty. J.A.”