Publication Ban Warning

The President of the panel hearing this appeal directs that the following should be attached to the file:

An order restricting publication in this proceeding under ss. 486.4(1), (2), (2.1), (2.2), (3) or (4) or 486.6(1) or (2) of the Criminal Code shall continue. These sections of the Criminal Code provide:

486.4(1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of

(a) any of the following offences;

(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347, or

(ii) any offence under this Act, as it read at any time before the day on which this subparagraph comes into force, if the conduct alleged involves a violation of the complainant’s sexual integrity and that conduct would be an offence referred to in subparagraph (i) if it occurred on or after that day; or

(iii) REPEALED: S.C. 2014, c. 25, s. 22(2), effective December 6, 2014 (Act, s. 49).

(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a).

(2) In proceedings in respect of the offences referred to in paragraph (1)(a) or (b), the presiding judge or justice shall

(a) at the first reasonable opportunity, inform any witness under the age of eighteen years and the victim of the right to make an application for the order; and

(b) on application made by the victim, the prosecutor or any such witness, make the order.

(2.1) Subject to subsection (2.2), in proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice may make an order directing that any information that could identify the victim shall not be published in any document or broadcast or transmitted in any way.

(2.2) In proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice shall

(a) as soon as feasible, inform the victim of their right to make an application for the order; and

(b) on application of the victim or the prosecutor, make the order.

(3) In proceedings in respect of an offence under section 163.1, a judge or justice shall make an order directing that any information that could identify a witness who is under the age of eighteen years, or any person who is the subject of a representation, written material or a recording that constitutes child pornography within the meaning of that section, shall not be published in any document or broadcast or transmitted in any way.

(4) An order made under this section does not apply in respect of the disclosure of information in the course of the administration of justice when it is not the purpose of the disclosure to make the information known in the community. 2005, c. 32, s. 15; 2005, c. 43, s. 8(3)(b); 2010, c. 3, s. 5; 2012, c. 1, s. 29; 2014, c. 25, ss. 22,48; 2015, c. 3, s. 18.

486.6(1) Every person who fails to comply with an order made under subsection 486.4(1), (2) or (3) or 486.5(1) or (2) is guilty of an offence punishable on summary conviction.

(2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order. 2005, c. 32, s. 15.

Court of Appeal for Ontario

Date: 20221116 Docket: M53258 (C34654)

Before: Pardu, Miller and Copeland JJ.A.

Between:

His Majesty the King Respondent (Responding Party)

and

Emile Marcus Mennes Appellant (Moving Party)

Counsel:

Emile Marcus Mennes, acting in person Avene Derwa, for the responding party

Heard: November 9, 2022

Reasons for Decision

[1] The moving party Emile Mennes brings this motion to reopen an appeal he abandoned in 2003. He was convicted on January 25, 1996 of two counts of sexual assault, sexual interference and sexual touching of two young boys. He was later declared a dangerous offender and given an indeterminate sentence. He asked this court to reinstate his appeal in November 2004 but failed to comply with terms imposed by this court as a condition of reopening and his first motion to reopen was dismissed in November 2005. In 2013 he brought a second motion to reopen. This court dismissed the motion, assuming without deciding that it had jurisdiction to hear successive motions to reopen an appeal: R. v. Mennes, 2013 ONCA 567. It concluded that the moving party’s allegations of bias and fraud were baseless. The Supreme Court of Canada dismissed his attempt to appeal from that decision: Emile Marcus Mennes v. Her Majesty the Queen.

[2] The moving party now brings a third motion to reopen his appeal from the 1996 convictions. We assume without deciding that this court has jurisdiction to determine successive motions to reopen. There is no indication of any change of circumstances since the 2013 dismissal of a similar motion. There is nothing that persuades us that there is any merit to the proposed appeal or that the justice of this case requires that the motion be granted. The complaints that the moving party now makes about the trial process have been known to him since he was convicted, over 25 years ago. In these circumstances the need for finality in criminal proceedings requires that the motion be dismissed, and we so order.

"G. Pardu J.A.”

“B.W. Miller J.A.”

“J. Copeland J.A.”