Court File No. CR-14-13735-00
SUPERIOR COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
FERAIDON MOHAMMAD IBRAHEM
R E A S O N S F O R R U L I N G
BEFORE THE HONOURABLE B. A. GLASS
on May 24, 2016, at OSHAWA, Ontario
INFORMATION CONTAINED HEREIN CANNOT BE PUBLISHED, BROADCAST OR TRANSMITTED PURSUANT TO SECTION 517(1) OF THE CRIMINAL CODE OF CANADA BY ORDER OF JUSTICE OF THE PEACE D. MECOY DATED AUGUST 6, 2013; AND PURSUANT TO SECTION 539(1)OF THE CRIMINAL CODE OF CANADA BY ORDER OF JUSTICE D.M. STONE DATED APRIL 7, 2014
APPEARANCES:
B. Green Counsel for the Crown
N. Trbojevic Counsel for the Crown
F. Davoudi Counsel for Feraidon M. Ibrahem
S. Caramanna Counsel for Feraidon M. Ibrahem
SUPERIOR COURT OF JUSTICE
TABLE OF CONTENTS
Transcript Ordered: May 24, 2016
Transcript Completed: June 15, 2016
Ordering Party Notified: June 15, 2016
TUESDAY, MAY 24, 2016
GLASS, J. (Orally):
[1] This is a ruling regarding an application by the defendant for the production of all OHIP records of the deceased, Ms. Fazli, in an O’Connor application. Stage one of the third party records application has now been completed in an in camera hearing.
[2] There is not a foundation for the OHIP records of the deceased being likely relevant to the issues in this first degree murder trial.
[3] The affidavit in support of the application is based on information and belief of the affiant, who is another lawyer in the office of defence counsel.
[4] The best evidence of the mental health of the deceased wife of the defendant is the psychologist’s report of Dr. Direnfeld, which was done shortly before the death of the deceased. There is no other evidence than speculation that there might be some other medical information regarding Nasira Fazli.
[5] The preliminary inquiry proceeded over several days, with evidence from her mother. There is no evidence to support the submission that Ms. Fazli had other medical conditions that would reflect on the self-defence potential at the trial of Mr. Ibrahem. Disclosure of the report of Dr. Direnfeld was produced as part of disclosure. I am persuaded that, at best, the application is seeking to enlarge collateral issues regarding the credibility of the mother, Ms. Fazli. I understand that the two sides have concluded an outline of the evidence of the mother, so that she will not be called as a witness at the homicide trial.
[6] The first stage test is not met. The sought after evidence is not shown to be likely relevant and will not be produced and reviewed by the Court.
[5] OHIP filed a sealed envelope with their records. That sealed envelope will remain in the court file, sealed, with an order not to be opened without further order of the Court.
FORM 2
CERTIFICATE OF TRANSCRIPT (SUBSECTION 5(2))
Evidence Act
I, Bradley C. Van Alstyne, certify that this document is a true and accurate transcript of the recording of R. v. Feraidon Mohammad Ibrahim, in the Superior Court of Justice, held at OSHAWA, Ontario, on May 24, 2016, taken from Recording No. 2812-202-20160524-090707-30-GLASSB , which has been certified in Form 1.
(Date) (Signature of authorized person)
Bradley C. Van Alstyne, Authorized Court Transcriptionist
ACT 1177899845
1-855-443-2748