Public Commons

Part of Court cases

Isahaq Omar

Unless otherwise noted reports on this page were written by M. Monastyrskyj, CELOS researcher

Note: there is a Publication Bans on this case, prohibiting any reporting of evidence given at the bail hearings.

Sunday March 30, 2008

April 3, 2008 police press release

3:01am Police on general patrol in the Dundas Street West/Ossington Avenue area stop a black Acura. The three occupants are arrested after police discover a loaded .40 calibre semi-automatic handgun, fully loaded with ammunition including lethal hollow-point bullets. The men were arrested after leaving the Baby Dolls strip club on Ossington.

Date of Arrest

Sunday March 30, 2008

Charges

1) Unauthorized Possession of a Prohibited Weapon,

2) Unauthorized Presence of a Prohibited Weapon in a Motor Vehicle,

3) Possession of a Prohibited Firearm with Ammunition,

4) Possession of a Prohibited Weapon Knowing its Possession is Unauthorized,

5) Unauthorized Possession of a Prohibited Device,

6) Possession of a Firearm Obtained by the Commission of an Offence.

Friday April 18, 2008

10am, courtroom 125, Old City Hall Up until now most of the bail hearings I have attended for CELOS have been in courtroom 101, which is a small cramped space in the basement of Old City Hall. Courtroom 125, on the second floor, is much larger and equipped for video presentations. There is a screen with speakers for viewing video. There's also a large television set and 9 computer screens. Also, there's a different crest behind the judge's seat. In courtroom 101, Canada's coat of arms are on the wall. In courtroom 125, it is the royal crest. I don't know if this difference in crest means anything or not. (I also notice that the judges and justices of the peace wear different coloured sashes. In some cases it's red, in others green. I don't know the significance of that either. Today the justice of the peace wears green.) (Update August 23, 2008: Justices of the peace wear always wear green, while judges always wear red.)

Uniformed court officers lead a handcuffed Isahaq Omar into the courtroom. Court officers remove the handcuffs and put Omar into the docket. A man and a woman who may be Omar's parents are in the courtroom as well as a young man who may be his brother. the older people are well-dressed. The man is wearing a suit and the woman is wearing a hijab. (Update August 23, 2008: The man I thought was Omar's father is in fact a distant relative, a member of his clan. He refers to himself as Omar's uncle, but he's not an uncle as that word is understood in Canada. The younger man turns out to be a friend.)

The family is sitting directly behind Omar, just a few inches away from him. A court officer tells the family that they aren't allowed to talk to Omar in court. If they do they will be asked to leave. The family say they understand. It isn't clear to me whether the officer's instruction meant during the proceedings or at any time in the courtroom. I thought the court officer said during the hearing but the family must have understood it to mean at any time because they don't say anything to Omar. Later I hear the mother complaining that the court system treats the families like they're in jail too. "We are members of society," she says.

Omar's co-accused Ryan Rowe-Reid is led in separately. (A third co-accused Keane Webb has been released on bail. The three men were arrested on March 30, 2008 in the Dundas/Ossington area. See police press release.)

Also, in the courtroom sitting next to me in the first row are two men in suits who appear to be police officers. (When a defense lawyers asks if they will be offering testimony in the bail hearing, they say no. One of the men flips through his notebook while chatting with the other man.)

I believe the defense lawyers are named Friedburg(?) and Durnstein(?). (Update August 23 2008: The attorneys are Matthew A. Friedberg of Caramanna Friedberg and Dirk Derstine of Derstine Penman) I can't be more definite, because I find it hard to hear everything that's said in court. In my court visits, I often find that the judges and lawyers talk to each other almost as if they are having a private conversation. They aren't making any effort to speak in a way that citizens observing the proceedings can hear what is being said. I'm not surprised because I am usually the only outside observer there. Most court proceedings are open to the public, but unless it's a big case that has received a lot of publicity, the public isn't there. At least that's been my experience over the last month.

When the session starts, the defense lawyers ask for a publication ban under section 517 subsection 1 of the Criminal Code. The JP consults a law book and there is some discussion, which I can't hear. The Crown says it's not opposed to the application. When the defense asks for a ban, it's automatic.

The trial coordinator wants to know if the bail hearing will last more than a day because the JP will be unavailable next week. The defense lawyers say the hearing may go into a second day.

The JP wants to know if it will be possible to complete the bail hearing in one day, because he will be away at a seminar in Sault Ste. Marie all week. He says a lot of JPs will be at this seminar, which may make it hard to find someone to preside over the hearing next week. (The idea of all these justices of the peace being away at a seminar reminds me of teachers having a professional development day.)

At 11am the session is adjourned so the lawyers and the justice of the peace can go over to the trial coordinator's office to arrange a new date for the bail hearing. While we all wait for court to reconvene, Omar's mother has a spirited conversation with some members of Rowe-Reid's family. She sounds frustrated.

Court reconvenes at 11:40am. There will be two separate bail hearings. Omar's co-accused Ryan Rowe-Reid will appear in court room 116, Old City Hall at 10am on Friday April 25, 2008. Omar will be appear in court room K, Old City Hall, at 10am on Friday May 2, 2008.

Friday May 2 2008

10am Courtroom K, Old City Hall. Courtroom K is on the third floor right next to Courtroom L. The signs marking the courtrooms are a little confusing. During the course of the day a few people looking for Courtroom L mistakenly come into Courtroom K. A man I later learn is Isahaq Omar's defense lawyer is sitting on a bench reviewing a thick sheaf of documents. I ask him if this is Courtroom K. He says it is but notes that several matters have been moved elsewhere. He says I should ask the court clerk if I am in the right room. I tell the clerk I am here for Isahaq Omar. The clerk tells me I'm in the right room and asks if I am a witness. I tell him I'm just an observer.

The court session is delayed because the defendant hasn't arrived yet. There are complications because of a lockdown at the Don Jail. The previous Friday (April 28) Omar's co-accused Christopher Ryan Rowe-Reid wasn't present in Courtroom 101 when the Justice of Peace issued a detention order against him also because of a lockdown at the Don Jail.

While I am waiting for the court session to begin, I have a short conversation with a police officer who is also waiting. He is curious about my reasons for being in court. When I say I'm doing research for a community group, he asks me what my impressions of court are so far. I say I found the last bail hearing interesting. He tells me today will be more interesting.

When the Crown attorney arrives she starts reviewing evidence with the police officer. A court clerk, not the same one I spoke to earlier, asks me why I am there. I tell her I'm doing research for a community group. I ask her why she is asking me. She says because the Crown and the police officer are discussing important information. I offer to leave. The Crown attorney says she doesn't mind me being there now because everything she says will be presented in the hearing anyway.

During the hearing itself, the Justice of the Peace reminds me that the evidence given in the hearing are covered by a publication ban. She asks me if I understand. When I nod my head, the proceedings resume. The hearing lasts all day but there's more evidence to be heard. The hearing is scheduled to continue at 10am on Wednesday May 14 in courtroom 126.

Wednesday May 14, 2008

Shortly before 10 I am outside courtroom 126 waiting for the bail hearing to resume. A big crowd is waiting to go in. At 10am, a clerk announces that all matters except Omar's have been moved to 128. The crowd moves there. At 10:10 a clerk tells me and a defense lawyer that the courtroom will be closed until 10:30. While everyone is waiting for the session to start, Crown attorney Kerry Hughes and defense lawyer Dirk Derstine talk to each other about today's hearing. Hughes gives Derstine a document to look at. One of the proposed sureties tells me he saw Omar's co-accused Keane Webb downstairs. Webb was scheduled to appear at 9am in courtroom 111. I was there at 9, but had to leave before he appeared so that I could be on time for Omar's bail hearing. When Omar is led into the courtroom at 10:35, he nods to his mother who nods back.

At 11:15, court breaks for a fifteen-minute recess. During the break, I have a conversation with two men who are observing the hearing. One man is older and describes himself as Omar's "uncle" though he's not an uncle in the way most Canadians would use the word. He is, in fact, an elder in Omar's clan. The second, much younger man is Omar's friend. They ask me why I'm in court. I tell them I'm working on a research project for CELOS. They ask me questions about the group. I describe CELOS' work and give them the web address.

The older man says I must have special permission to sit in the courtroom. I say, "No. The courts are open to the public. Anyone can come and watch, but it's unusual." I mention that when I was sitting in courtroom 111, some students on a tour of Old City Hall had come into the courtroom just to watch. Omar's friend, who is sitting next to us, tells him that's it's true that courtrooms are open to the public. The "uncle" says he didn't know that. He says he knows a young woman who is interested in becoming a lawyer. He says he might bring her to court so that she can learn about it.

When I go back into the courtroom, I notice that Omar and the court officer are having a friendly chat. I also notice the word "STREET" tattooed on his left forearm.

Court resumes at 11:50 and continues until 1:25. The JP says she will have her decision at 4pm. During the break I have a conversation with Omar's mother. She isn't happy with the way she was treated when she was on the stand as a witness. She doesn't think Omar is being treated fairly. She wants to know what I think. She asks me if I think the Crown's questions are fair and if I think Omar is guilty of the things the Crown accuses him of. She thinks some of the evidence the Crown introduced is irrelevant and wants to know my opinion. I don't know what to tell her. I say I haven't spent much time in court and it's hard for me to say if the questions are fair or if the Crown's other evidence is relevant or not.

When court resumes at 4, she tells the lawyers "I'm close but not there." The clerk makes a call to arrange the next court date. The JP will read her decision tomorrow morning at 10 in courtroom G. Derstine says the sureties can't be here tomorrow.

Thursday May 15, 2008

10am I'm in courtroom G with fellow CELOS researcher, Jutta Mason. Before court starts, the clerk says there will only be matter here today. The Justice of the Peace and the lawyers are here, but there's a short delay while everyone waits for the guards to bring up Omar. He's brought in at 10:10.

The JP says she was up late last night working on the decision. She says she won't read all the charges in the information and asks if that's acceptable. Derstine says it is. She says there is a Crown onus, meaning the Crown has the burden to show why Omar should not be released. She reviews the three types of grounds for denying someone bail: primary, secondary and tertiary. She then reviews the evidence she heard in the hearing. Finally, she comes to her decision. She concludes the Crown has met its burden and Omar won't be released on bail. There follows a brief discussion about when Omar should return to court. His co-accused Rowe-Reid is coming back on May 21. Omar is remanded to 2pm Wednesday May 21, 2008. He will appear by video.

Wednesday May 21, 2008

2:35pm Rowe-Reid appears by video in courtroom 111. He immediately asks if he should get his co-accused Isahaq Omar who is waiting outside. The JP tells RR to wait a moment. RR doesn't seem to hear, because he goes outside and brings Omar in. The two are smirking while they wait. One says something quietly to the other and they laugh. They don't appear as subdued as they did when they appeared individually for their bail hearings. A blond lawyer representing a firm whose name I couldn't hear says she is here on behalf of Omar. She and the duty counsel talk about the case. The duty counsel says, "We're trying to sort this out." He says Rowe-Reid is represented by Friedberg. The blond lawyer asks the JP if she can have a moment with her client. The JP says, "Be very brief." The lawyer goes into a booth by the side of the judge's bench. When she comes out she says Omar is waiving his right to a preliminary hearing. RR says he's going to do the same. The JP, the lawyers and the accused all agree that RR and Omar will appear again on May 28 at 9am in courtroom 111 alongside the third co-accused Keane Webb. Webb is out on bail.

Wednesday May 28, 2008

10:25am Court officers bring Isahaq Omar and his co-accused Rowe-Reid into courtroom 111. A third co-accused, Keane Webb, who is out on on bail, is also in the courtroom sitting on the public benches. The Justice of the Peace (Cresswell?) wants to know why Omar and Rowe-Reid have been brought here in person when they could have appeared by video. No one seems to know. The Crown attorney mentions in the discussion that it's a guns and gangs case. He says something about a judicial pre-trial and says he needs instruction from Kerry Hughes (the Crown attorney in the bail hearings). The Crown attorney says Mr. Innes' name is on the brief. (Innes is another Crown attorney.) The JP says they will "hold the matter down" until Kerry Hughes can be found.

11:35am Hughes enters the courtroom with the Crown attorney who went to find her. The JP tells Hughes he doesn't understand why Rowe-Reid and Omar have been brought here in person when they could have appeared by video. He says having prisoners "in the box" complicates court security. He says "112 can't open up." (Courtroom 112 is connected to 111 by a door. Before court officers can bring prisoners into 112, the officers first have to bring them upstairs into courtroom 111.) The discussion that comes afterwards is hard to follow because people are speaking quickly using terms and abbreviations I'm not familiar with. One lawyer uses an expression I haven't heard before. He says something about "putting in an election." The JP says something about a "JPT" which I think means judicial pre-trial. Hughes says the trial will take 2 days. The JP asks if the lawyers want to meet with the trial coordinator. At this point, Webb who has been sitting in the public benches walks out into the hallway. A minute later he comes back in and sits down next to me. After some more discussion Hughes and the defense lawyers leave the courtroom. A little later the JP says to another defense lawyer, "I have a problem with guns and gangs today. It's not your fault." I understood him to be saying he was having an administrative problem involving the unit in the Crown's office that works on cases involving guns and gangs.

The JP finally decided that the three accused would appear again on June 6 at 2pm in courtroom 111. Omar and Ryan Rowe-Reid will appear by video.

Friday June 6, 2008

2pm The three accused in this case, Isahaq Omar, Rowe-Reid and Keane Webb appear in court today. Omar and Rowe-Reid appear by video while Keane Webb, who is out on bail, has come in person. A lawyer acting as agent for a firm representing one of the three says he wants them back in 111 in person on Friday June 12. He says there was a judicial pre-trial this morning with Judge Reinhart(?). The lawyer says he's asking that they be brought back to court on the 12th because there are some issues around "election." At this point the Crown attorney interjected, "I have the trial verification form here. Is that the issue?" The Crown says a trial date has been set for September 22 and 24 in E court. The defense lawyer tells Omar "Contact your lawyer when you're done." The Crown says "Rowe-Reid is not on the docket." The JP responds, "That's right. He's not." He is, however, on the video screen with Omar. The Crown says she wants to put the trial verification form on the record. The duty counsel mentions the name of another defense lawyer. I believe he says Ms. Fairchild. The JP asks the defense lawyer, "Do you want them here in person because you want them traversed?" The defense lawyer says he doesn't know because he wasn't at the pre-trial this morning. The Crown submits the trial verification form to the court. There is more discussion about when to bring the men back to court. The Crown says she needs to make sure the Crown attorney handling the case will be available on June 12. The JP and the lawyers finally agree on 9am Thursday June 12 in courtroom 111.

Thursday June 12, 2008

Omar is scheduled to appear at 9am in courtroom 111, but no one from CELOS is present.

Wednesday June 25, 2008

2:20pm Omar appeared by video in courtroom 111 along with his co-accused Keane Webb. Webb, who is out of custody, came in person. There are ongoing problems with the video system in 111. Today, the Justice of the Peace said she was only getting static on her TV monitor, though the monitors facing the body of the court seemed to be working fine. Earlier in the session when a defendant in a wheelchair appeared on screen, the Crown attorney on duty, Michael Leshner, had to describe to the JP what was happening on screen. Later when Omar appeared, he said he could barely hear what was happening in Old City Hall.

Omar and Webb have separate lawyers. Omar's lawyer is Ms. Fairchild. When Webb's lawyer spelled out her name for the record I could only make out that it begins with M. (As the Justice of the Peace herself noted in passing earlier today, the acoustics in 111 are bad.) The Crown attorney assigned to the case is Mr. Innes, though another Crown, Kerry Hughes, represented the prosecution at the bail hearings for Omar and Rowe-Reid. Innes was in court today.

One of the lawyers said the defense was still waiting for disclosure. Leshner noted that Omar and Keane were scheduled for a preliminary hearing on Oct 26 and 27 in A court, 3rd floor Old City Hall. Leshner said Innes was looking into the issue of disclosure.

One of the lawyers suggested July 9 for a return date; however, Fairchild said there was no reason for her client (Webb) to appear again before the prelminary hearing. At this point, Leshner pointed out that there was a defense motion to unseal a search warrant and that for that reason he thought it would be better for the two accused men to appear again together. Someone said something about an ex parte application.

Innes and Leshner talked quietly together for a few minutes. Then there was a long discussion about what to do about the court date. Fairchild said July 9 wasn't good for her. Someone asked Fairchild if a designation had been filed. It had been. It was suggested that Webb's lawyer act for both defendants on July 9. Fairchild said she would see if there was some way for her to be court on the 9th.

After much discussion, it was decided Omar and Keane would appear again at 2pm Wednesday July 9 in courtroom 111, Old City Hall. However, the date for Omar might change if Fairchild is unavailable on that day. Innes said "hopefully" the search warrant would be unsealed then.

Wednesday July 9, 2008

Omar and his co-accused Keane Webb are on the 2 o'clock docket. Webb enters the court at 2:25pm and takes the seat next to me. He is a big fellow but has the face of a boy. He's wearing a white T-shirt and jeans cut below the knee. He's also wearing a gold chain and silver bracelet.

Crown prosecutor Michael Leshner is in the courtroom. At about 2:30 Omar and Webb's names are called. Leshner tells the Justice of the Peace that there are two defense lawyers in the courtroom for the unsealing of a search warrant. While everyone is waiting for the guard to bring Omar to the video room, Leshner remarks, "They are slow at the Don Jail today. They have a flood." He also says, "The information has to be traversed to 112."

Webb's lawyer is T. Fairchild. Omar is represented by the firm of Derstine Penman. Mariya Yakusheva is in court today as an agent for the firm. Leshner says the unsealing of the warrant will take place in courtroom 112 and that Innes, the Crown attorney assigned to this case, is there. The JP says Omar will be brought back to 111 at 2pm on Wednesday July 16. There is some discussion about when Webb should return. If I understood correctly, one of the lawyers said there was no point in setting a date in 111 because Webb still has to go to 112. However, the JP sets Webb's return date as 2pm July 16 in 111. Leshner says "I'll note up the brief." Fairchild says something about a "statement of issues."

At 2:45 Webb, Fairchild and Yakusheva go into 112. Omar can't appear because there's no video in 112. Aside from me and Webb there is only one other person in the body of the court (the benches where the public sits). Before the judge can deal with the unsealing of the warrant, the court has to hear a man plead guilty to breaking and entering at a convenience store on Gladstone. He has been in jail since December. The judge follows the recommendation of the Crown and sentences the man to time served and probation. In passing sentence, the judge notes the bad conditions at the Don Jail and the fact that the case was delayed because of problems with disclosure.

The judge reads over the order to unseal the warrant. He says, "I take it this is on consent." The lawyers say yes. The judge says he is concerned about some of the wording in the document. He says he may be overly concerned about what might simply be a small grammatical issue, but he just wants to make sure the lawyers have no problem with the wording in paragraph 4. He says, "What is it meant to achieve?" Innes says he's not sure. There is some discussion among the judge and the lawyers. At one point Innes says the wording may be there because "the press might make an application. The press or some other interested third party." In the end, everyone agrees to leave the wording as is.

Innes tells the court he will be on vacation next week and "My friends shouldn't expect the edited version to be ready any time soon." There is some laughter. There is discussion about when Webb should be brought back. Fairchild rejects one proposed date because it conflicts with her schedule. There is some discussion about whether Webb needs to be there at all. The judge tells Fairchild everything can be done without her client being present, but Fairchild insists her client needs to the there. The "statement of issues" is mentioned.

When the judge proposes another date for Webb to appear, Innes says Webb can't come on that date because it's not a Wednesday. The judge asks why the date has to be a Wednesday. Innes says, "That's the alphabetical system." He then explains to the judge that in courtroom 111 each day of the week is reserved for people whose surname begins within a certain range of letters. At one point in the discussion, Fairchild says there isn't anyone else in the firm who can appear. It has to be her. Webb's appearance date is finally set for 2pm Wednesday July 30 in courtroom 111. It wasn't clear to me if he still has to be appear with Omar on July 16.

After the date is settled, the judge hands the order unsealing the warrant to the lawyers.

Wednesday July 16, 2008

Omar is on the 2pm video docket in courtroom 111, old City Hall. He comes on screen at 2:20pm. His lawyer, Fairchild, says the defense is still waiting for some missing disclosure. The Crown attorney on duty, Michael Leshner, says he doesn't have the brief (the folder that contains the history of the case) and can't say why the missing disclosure hasn't been provided. He asks Fairchild what disclosure is missing. She says they are missing disclosure of the warrant. Leshner says Omar should be brought back in a week, but Fairchild wants him back on July 30, because that's when his co-accused Keane Webb will be back in court. The JP agrees and Omar's next court date is Wednesday July 30 at 2pm in courtroom 111, by video.

Wednesday July 30, 2008

Omar is on the 2pm video docket in courtroom 111. He is supposed to be appearing with his co-accused, Keane Webb, who is out of jail but under house arrest. Court starts at 2. The justice of the peace is James Cresswell. Shortly after the session begins, Webb walks in with other people. Webb talks to a court officer who tells him to go upstairs. Webb leaves and comes back. Webb tells the court officer he was supposed to be here at 9am. The officer tells him to take a seat and wait.

There is a problem with the video today. The audio is out of sync with the image. For a while the image is frozen, although the audio is working.

At 2:20 Webb appears before the JP. The JP tells Webb to take a seat for a moment while the court tries to make contact with Omar on video. Omar appears on the screen at 2:50pm. Webb approaches the bench. The court deals with another case before addressing Omar and Webb's matter. There is some discussion about the search warrant which hasn't been unsealed yet, because someone (a police officer?) is on holidays. The Crown attorney on duty, Delgato, mentions that Michael Innes is the Crown attorney assigned to the case. I have trouble hearing, but I think I hear Delgato say a preliminary hearing is scheduled for September 22 in G court. I don't know if this would be for both accused or not. Something is said about a "statement of issues" and a Judge Reinhart is mentioned. Omar and Webb are scheduled to come back to 111 on Wednesday August 13 at 2pm.

Wednesday August 13, 2008

Courtroom 111, Old City Hall. Omar and his co-accused, Keane Webb, are on the 2pm docket. Omar will appear by video while Webb who has been released on bail will come in person. The afternoon session begins at 2. There are a dozen people in the body of the court, including 3 reporters here for another case. Webb hasn't arrived yet, but his lawyer, Fairchild, arrives shortly after court starts. She searches the public benches probably for Webb. She leaves the courtroom and comes back. Webb arrives at 2:20 accompanied by a young black woman who may be his sister. Webb motions to Fairchild and the two leave briefly.

Omar appears on screen at 2:55. Webb approaches the bench with Fairchild. A female lawyer is there on behalf of the firm representing Omar. As they start talking, the duty counsel approaches people in the body of the court including me to ask if we have matters before the court. This makes it hard to hear the conversation in front of the bench. Omar's lawyer says something about disclosure. Crown attorney Michael Leshner asks Omar's lawyer if she needs a JPT (Judicial Pre-trial). I believe Omar's lawyer says Oct 27-8. Omar's lawyer wants to come back to 111 on August 27. Fairchild, however, wants to go straight to the preliminary hearing date. She says she keeps coming back to 111 "for no good reason." She says she doesn't need to file a statement of issues. Leshner says something about the search warrant.Omar tries to speak. The Justice of the Peace tells him to keep quiet: "Mr Omar. Please. You have a representative here."

The JP decides both accused should come back to 111 at 2pm on August 27. He says: "Two weeks Mr. Omar. You should be in touch with your lawyer." The discussion lasted five minutes.

Wednesday August 27, 2008

Omar is on the 2pm video docket. His co-accused, Keane Webb, who is out on bail, is scheduled to appear at the same time in person. At 2:10, Webb's lawyer, Fairchild, enters the courtroom. She scans the body of the court, presumably for her client, who isn't here yet. Ten minutes later Fairchild leaves the courtroom with Michael Innes, the crown attorney assigned to the case. They come back fifteen minutes later. Webb enters the courtroom separately. He sits down next to me in the front row. He's wearing a brown short, plaid pants that are cut off above the ankle, white running shoes, a gold necklace and a ring on his left hand. Crown attorney Michael Leshner tells Justice of the Peace James Cresswell that Innes is going to go across the street to see if he can resolve the matter. I don't understand what this means.

At 2:50 Isahaq Omar appears on screen and Webb goes up to the judge's bench. Fairchild says she's looking for "further disclosure." Omar's lawyer has received it, but Webb hasn't received his copy. Innes says there was a mix-up. The lawyer appearing for Omar says she's also waiting for some disclosure, but apparently not the same disclosure Fairchild is asking for. Cresswell asks whether this is a "guns and gangs" case. It is. Innes says he doesn't know when disclosure will be available.

There is a discussion about when to bring Omar and Webb back to court. There's a complication. Fairchild says she's about to begin a two-week trial. Omar's lawyer says if Fairchild files a designation she can act for Fairchild at the next appearance. Fairchild agrees. Fairchild says there's a "bail variation on consent" before the court. Cresswell says the variation "can be done all on paper." Cresswell decides both defendants will come back to court at 2pm on Wednesday September 10. Omar and Webb's appearance last five minutes. At 3, the video is shut off and the court starts to deal with "3 o'clock matters."

Meanwhile Fairchild has a quiet conversation with Webb in court. Webb leaves. Fairchild leaves and then comes back. She talks to the other defense lawyer. Then she talks to Innes and shows him a form.

Wednesday September 10, 2008

Omar is on the 2pm video docket in courtroom 111. His co-accused, Keane Webb, is scheduled to appear with him in person. The court session starts at 2:10. The Justice of the Peace is James Cresswell. Webb's lawyer, Fairchild, is present. Webb, who was out on bail, is back in custody. He is sitting in the prisoners box when court starts. Omar appears on screen at 2:35. Cresswell asks why Webb is here in person instead of on video. Fairchild explains that Webb had been out on bail but has since been re-arrested. The Crown attorney says that a preliminary hearing is set for October 27-8 in courtroom A, Old City Hall. Cresswell sees no need to bring the two accused back to 111 before then.

Tuesday September 30, 2008

When CELOS asked the court clerk to confirm the date of Omar's preliminary hearing, the clerk said Omar is scheduled to appear tomorrow (Wednesday October 1) at 2pm in courtroom 111 and that there are no other court dates for him in the system. This is confusing. Something seems to have changed since his last appearance on September 10 (see above). At that time, the JP said there was no reason for Omar or his co-accused Keane Webb to appear in 111 before their preliminary hearing in October.

Wednesday October 1, 2008

Omar is on the 2pm video docket in courtroom 111. His co-accused Keane Webb is not. Omar appears on screen at 2:45pm. A student is acting as agent for Omar's lawyer. She says there should be some more disclosure available for the defense. Michael Innes, the Crown attorney assigned to the case, asks the student what is the nature of the disclosure the defense is waiting for. The student doesn't know. Innes says he would be more than happy to try to work this out. The Justice of the Peace says Omar should return to 111 by video at 2pm on Wednesday October 15.

Wednesday October 15, 2008

Omar is on the 2pm video docket in courtroom 111. He comes on screen at 2:30. A student acting as agent for Omar's lawyer says Omar is here for "purposes of disclosure." She says she called the assigned Crown, Michael Innes, several times but Innes only phoned back at 10 to 5 yesterday afternoon. The Crown attorney on duty says she has no disclosure for the defense. The student smiles and says she knows that. She says the defense wants to contact a woman named Scott. I'm not sure but I think she's referring to a witness. (Update: Meghan Scott is a Crown attorney working on the case.)* Either the student or the Justice of the Peace (it's not clear from my notes which) suggests that Omar go straight to the preliminary hearing scheduled for October 27. The JP asks if Omar agrees with this. He says he does. The student asks him, "Did you hear what I said about the disclosure issues?" He says he did. The JP says Omar's next court date will be the preliminary hearing at 10am on Monday October 27 in courtroom A, Old City Hall.

Monday October 27, 2008

A preliminary hearing for Omar and his co-accused Keane Webb is scheduled for 10am in courtroom A, Old City Hall, but the hearing is postponed until tomorrow, because a lockdown at the Don Jail makes it impossible for guards to bring Omar to court. Webb, who is in custody at the Toronto East Detention Centre, is present.

I arrive at the courthouse at 9:30. Omar's lawyer, Dirk Derstine of Derstine Penman, is waiting outside the courtroom as are three police officers and the Crown attorney, a woman whose name I don't know. Derstine says he has heard that his client isn't at Old City Hall because of a lockdown at the Don. Other people with business in courtroom A are also in the corridor. At 9:50 a court clerk comes by to say that anyone having business in courtroom A should go downstairs to courtroom 123. (Courtroom A is on the third floor, courtroom 123 on the second.) She also puts a sign on the door pointing people to 123. Everyone troops downstairs.

Court doesn't start on time. While everyone is waiting for the judge to arrive, the clerk talks to the lawyers about the lockdown at the Don. The lawyers express their frustration with the delay. They don't understand why a lockdown stops the guard from bringing prisoners to court.

When the judge arrives at 10:20, she apologizes for being late. She talks to a lawyer who is here for another matter. She tells him she can't deal with his case right away, because she hasn't read the material yet. She says she will have time to read it on her break. That case is postponed until later in the day.

Addressing the other lawyers, the judge says, "I don't know what we're doing today. Can anyone help me?" Webb's lawyer, Fairchild, says her client is in the courthouse, but Derstine points out that Omar is not: "I've heard a disturbing rumour he might not be joining us today." The Crown attorney says "It's my understanding that our two-day special has been moved here." The judge responds, "If that's what you tell me I'm doing that's what I'm doing." The lawyers and the police officers that are here for Omar and Webb's hearing leave.

The judge then hears a man named Simkin plead guilty to seven counts of illegal possession of a weapon and six counts of improper storage of a weapon. The court orders the man to go to CAMH for a psychological assessment. Sentencing is postponed until January.

At 10:45 the lawyers and the police officers here for Omar and Webb's hearing come back. After the Simkin matter is over, the Crown in the Omar/Webb matter tells the judge: "We've been advised that the jail will be in lockdown all day. We don't know what's happening there."

The judge asks if there's anything the court can do today to "streamline" the hearing "so that we don't lose a day." Derstine says the two officers most involved in the case are in the courtroom and he "would be content" to let them testify. The judge says that the accused doesn't have to be in court for a preliminary hearing, but he does have to be here for the arraignment. She says something about a "new provision" to the Criminal Code.

The Crown points that the Omar and Webb are co-accused and she is not prepared to proceed without both being present. After Derstine offers to consent going forward, the Crown says Omar isn't here and thus isn't fully informed.

The judge says she can do a case management meeting. When the judge asks about the availability of the lawyers, Fairchild says something about legal aid. The judge says the lawyers should go to the trial coordinators office "right now" to get a continuation date. The lawyers and the officers leave as does a court clerk. It's now 11:05. There are three people in the courtroom: the judge, the court reporter and the CELOS researcher.

Ten minutes later the lawyers and the police officer return. The judge asks if Webb is here and then says "We'll have to bring him up." The Crown attorney says the trial coordinator wouldn't give them a firm continuation date because "it hasn't officially collapsed," but the date would probably be November 6. The judge asks if the coordinator gave a potential courtroom. The Crown says no. The Crown also says that to judge by the the amount of people crowding around the trial coordinators office the lockdown at the Don is affecting the "whole building."

While the court is waiting for the guards to bring Webb up, Fairchild hands the Crown a document that she shows the officers.

When the court officers lead Webb in, he's wearing a grey pinstripe suit and white dress shoes. The jacket is long and buttoned up. The designer label is still on the sleeve. His shirt is white and also buttoned up. He's not wearing a tie. His hair is neat and his beard trimmed. The judge explains the situation to him. Then she asks the Crown whether she should issue a bench warrant with discretion for Omar. The lawyers say yes. Then she asks if anyone knows where the hearing will resume tomorrow. The clerk makes a call, then says the hearing will be in 123.

The judge encourages the Crown and the defense to the discuss case together to see if they can "streamline" matters. The lawyers say they have had some discussions. Derstine says the hearing shouldn't last more than a day. He mentions that there was to have a been a third co-accused. He's referring to Rowe-Reid who had been in custody with Omar, but was released on June 17 and then shot to death in Scarborough on August 10. Read more >>

Tuesday October 28, 2008

There was a preliminary hearing in courtroom 123. The evidence given in the hearing is covered by a publication ban. The hearing was held before Justice Marion Lane. The Crown attorney assigned to the case is Meghan Scott. Dirk Derstine represents Omar, while T. Fairchild represents Webb. When Omar and Webb are brought to court, they are wearing gray suits and identical white shoes. There is friendly banter between them and their lawyers. The hearing will continue on Thursday November 6 at 10am in courtroom 123.

During the hearing a teacher came into the courtroom with a group of school children. I later heard that after the teacher and the children left the courtroom, the teacher asked his pupils what they thought was happening in court. The children said the people in court were talking about a car accident.

Thursday November 06, 2008

The preliminary hearing that started last Tuesday is supposed to continue today at 10am in courtroom 123, but it ends up being postponed. At a quarter to 10, I am sitting outside the courtroom along with the Crown and two police officers. As we are waiting for the door to be unlocked, a clerk walks up and posts a handwritten sign saying all cases scheduled for this courtroom are being transferred to 112. He says the judge has a family emergency.

The Crown, Meghan Scott, tells me she's not sure whether the hearing will still be held today or not. She goes with one of the police officers to the trial coordinator's office to see if the preliminary hearing will still be taking place. After they leave, the two defense lawyers come to 124. Told that Scott has gone to the trial coordinator's office, they go there too. Derstine sounds more than a little frustrated. He says scheduling "in custody" cases are "like pulling hen's teeth." They are difficult to arrange because it's hard finding a date when all the lawyers and witnesses are available.

After a little while, Scott and the police officer come back. They let me know that the hearing will continue at 10am on Friday November 14 in courtroom 124. Scott says she's sorry I wasted my time this morning. The police officer is also frustrated. When he gets on the phone, he starts swearing. The reaction of the lawyers and police officers to the postponement ranges from angry frustration to weary resignation. Nobody is happy.

Friday November 14, 2008

The second of the preliminary hearing is scheduled for 10am in courtroom 124. The court session begins at 10:10. Justice Lane is presiding. The court deals with a couple of other cases before turning to the Omar/Webb hearing. Before the hearing begins, the defense lawyer, Derstine, suggests "there's a sporting chance we could be through this by noon." The Crown, Scott, says that's unlikely. Lane responds, "OK. You're telling me different things. Let's just get started." However, there's a short delay while the court waits for Omar and Webb to be brought in. The hearing lasts all day, but the evidence is covered by a publication ban. After the Crown and the defense have made their final submissions, Lane says her decision has a "certain urgency" because the two accused are in custody. She says she will make her ruling a "priority decision." She will give her decision on Wednesday December 10. The clerk calls to see what courtroom Lane will be in on that day, but she can't find out. Lane decides to send the case to 112. It will be on the 10am docket. From there it will be moved to whatever courtroom she is in.

During a break, I had a short conversation with one of the officers who has been working on the case. He tells me there's more to this story than has been revealed in the courtroom, but he can't comment any further.

Wednesday December 10, 2008

Justice Marion Lane read out her decision. She ruled the evidence provided by the Crown was enough to justify a trial. Omar and his co-accused, Webb, will appear in Ontario Superior Court on January 21 to set a date for their trial.

Wednesday January 21, 2009

According to my notes Omar and his co-accused Keane Webb are supposed to appear in Superior Court today to set a date for trial, but their names aren't on the criminal docket. (The docket is the list of people scheduled to appear in court. Copies can be viewed on the desk in the central lobby where the escalators are.) A court officer says if the names aren't on the docket, I should check with the clerk's office on the second floor. When I go there, a clerk tells me Omar and Webb will be making their first appearance in Superior Court on Wednesday January 28. I don't know if I made a mistake in my notes or if the date was changed.

Wednesday January 28, 2009

When I arrive at Superior Court I don't find Omar and Webb on the docket that is laid out on the counter in the lobby of the first floor. I go to the clerk's office on the second floor. A clerk tells me Omar and Webb will be appearing tomorrow.

Thursday January 29, 2009

According to the docket (list of court cases being heard today) that is laid out on the counter in the lobby of the first floor by the escalators Omar and Webb are scheduled to appear in courtroom 2-6 at 10am. However, the docket also says Omar and Webb will be appearing in chambers at 10. I go to courtroom 2-6 on the second floor. Omar and Webb are brought to court at 11:25. Webb is wearing a pinstripe suit. Their lawyers, Dirk Derstine (Omar) and Victoria Tucci (Webb), are in court. Webb speaks quietly to Tucci while Omar talks to Derstine.

Derstine and Tucci tell the court there was a judicial pre-trial conference (JPT) this morning. The defence and the Crown need to set a trial date. There is a discussion about the lawyers' availability. The defence and Crown agree to set aside three weeks for a judge and jury trial that will start on September 28, 2009. Derstine tells the court Omar is not waiving his rights under 11b) of the Charter:

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

Derstine tells the judge he would like Omar and Webb brought back to court next Friday. The judge orders Omar and Webb to appear again on Friday February 6.

Friday February 6, 2009

Omar and Webb are scheduled to appear in Superior Court today. They are on the 10am docket in courtroom 2-6. When I go upstairs to the courtroom I see Omar's mother talking to someone in the corridor. I recognize her from the bail hearing. Court starts at 10. Omar and Webb are brought into the courtroom at 10:35. Omar looks at his mother. Webb looks around the courtroom. A woman lawyer I don't recognize talks quietly to Omar. The judge is told that September 28 has been set aside as a trial date. Omar and Webb are in court today to see if there any earlier dates available. Webb's lawyer, Victoria Tucci, isn't in court and no one knows her available dates. During the discussion about court dates the judge asks if the lawyers could get an earlier date if the time allotted for trial were shorter. The provincial Crown mentions June dates. The judge tells Omar and Webb to come back on Tuesday February 17.

Tuesday February 17, 2009

Omar and Webb are on the 10am docket in courtroom 2-6, Superior Court. Webb is brought into court at 10:20. He is wearing a suit and glasses. Guards bring in Omar ten minutes later. One of his arms is in a sling. Omar's lawyer isn't court today, but a student is acting as agent. The student tells the judge that a judicial pre-trial (JPT) is scheduled for February 24. The judge, Justice Nordheimer, says he's looking at the last "endorsement." He notes that counsel have been trying to find an earlier date for the trial. Omar and Webb will appear again on Tuesday February 24. Before guards lead Webb out, he waives to someone in the courtroom.

Tuesday February 24, 2009

Omar and Webb are scheduled to appear in Superior Court. Omar and Webb are on the 10am docket in courtroom 2-6 and are scheduled to appear in chambers at the same time. Omar, but not Webb, is also on the 10am docket in courtroom 1-1. "In chambers" refers to the judicial pre-trial (JPT) which is not public. I don't know why Omar is also scheduled for 1-1.

I go to 2-6 to wait for Omar and Webb to be brought in after their JPT. At 10:50 a police officer who testified at the bail and preliminary hearings enters the court. He talks to a Crown attorney I recognize from Old City Hall. Derstine arrives at 11:05. Omar and Webb are brought in. The police officer points out Derstine to the Crown. Webb's, lawyer, Tucci is also in court. After some discussion about possible court dates, Derstines says the defence has filed an Charter of Rights application that will be heard on June 22. The defence claims Omar and Webb's rights under sections 8 and 9 were violated.

Section 8 of the Charter reads:

Everyone has the right to be secure against unreasonable search or seizure.

(:blockquoteend:) Section 9 reads:

(:blockquote letter:) Everyone has the right not to be arbitrarily detained or imprisoned. (:/letter:)

Tuesday May 19, 2009

Omar's lawyer, Dirk Derstine, is in Superior Court as is Omar's co-accused, Keane Webb. Omar, however, is not present. A court officer says Omar was involved in an incident in the holding cells and paramedics had to be called. Derstine tells the judge that the defence is ready for trial. Omar and Webb will appear in Superior Court at 10am on Monday June 22 for a five-day trial to determine if the police violated their rights under sections 8 and 9 of the Charter of Rights and Freedoms.

(:title Isahaq Omar 2008:)