.
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Legal Aid Certificate ' Ottaw.lCarleton
Certificate
Number~-
Client Name: '
~ 1
Issue Da.te:.i.,October, 2009
Client Number. ZM
Effective Date: 6 October, 2009
End Date: 6 Oc her, 2012
This certificateis issued without a contribution agre~ent t this time .
Defence: Fail to Comply (7) Criminal Code
Solicitor to advise Area Director if cash bail in any amount p sted or if cash/properhJ of a
value of $500 or more is seized,
Acknowledgement of this certificate is restricted to a member if the criminal
panel.
Solicitor to advise Area Director if potential foes and disburse nts will exceed the limits for
big case management.
'
No cJumge oflmvt;er will be allowed except in extraordinan; c rcumstarzces
j
I acknowledge that I havebeen retained by the client to pro 'de legal aid services
authorized by this certificate. I undertake to perform. the leg 1 aid services in
accordance with the conditions listed on this certificate, and accordance with the
General Terins and Conditions_for Panel Lawyers.
Oedaration
I was not retained by the client to perform services w th respect to the same or any
related matter before the effective date of this certific te.
OR
I was retained by the client to perform services with espect to the same or any related
matter prior to the effective date of this certificate, an received a total of
S
on account of fees and disbursem nts or acting on certificate number
Daniel Nugent
owledgment
Lawyer's name
00000016
Solicitor
Lawyer's signature
If you do not retum a copy of this signed acknowledgment
the certificate will expire. Return to Legal Aid Ontario at:
ithin 90 days of the issue date,
Page 1 f 2
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03-19-2003 19:10
PRUL LOSCHER
16562926
PAGES
Barre2u
The Law Society of du Haut-Canada
Upper Can2da
Din:ct Line:
'foll Free:
Facsimile NumhL"T:
(416) 947-5234
1-800-668-7380 e7<t. 5234
(416) 947-5263
E-mail:
comaii(G)I su~ . .(,m.ca
Osgoorlc Hatl
130 QuCC!l Street Wt:St
Tunll'!to, Ontaaio
M5B 2N6
Complaints Services
Client Service Centre
November 12, 2009
PRIVATE AND CONFIDENTIAL
. Jason Kran7.
421 Tealby Cresc
Waterloo, Ontario
N2J 4 Y8
Dear Mr. Kranz:
Re:
Moiz Murtaza Karimjee
File No. 2009-79664
I am writing in response to your recent correspondence about Moiz Karimjee, which we received
on October 22, 2009.
You have written again to our officeproviding us with further "evidence" regarding youT matter
against Mr..Karimjce. You have also provided us with the same documents you pTovided to us
in September, which were returned to you at your request. It appears that Mr. Karimjee acted as
Counsel for the Crown at your Preliminary inquiry in 2008. At this time, it is still not clear what
your concems are about Mr. Karimjee.
The Law Society is the self-governing body for lawyers and paralegals in Ontario. The primary
responsibility or mandate of the Law Society is to regulate the legal professions in the public
interest according to Ontario law and the Law Society's rules, regulations and guidelines.
As stated in my letter to you dated September 21, 2009, copy enclosed, the Law Society cannot
comment on your concerns in the absence of a specific complaint about a named person. If you
want to file a complaint about Mr. Karimjee, please fill out the closed Complaint Form. Please
include copies of any relevant documents to support your allegations about Mr. Karimjee. Do
not provide us with original documents, as we cannot assume responsibility for their safekeeping
or return.
03-19-2003 19:10
PAUL LOSCHER
16562926
PAGE9
-2~
As the Law Society cannot provide legal advice or legal services to the public, you may wish to
consult with a lawyer in private practice about your rights and remedies in this matter. If you
want, you can contact the Law Society's Lawyer Referral Service at 1~900-565-4577. The
service costs $6.00 (charged to the caller's phone b111), and entitles you to a referral with a lawyer
in your area who you can consult with for up to one halfhour at no charge. If you decide to
retain this lawyer, the normal fees and disbursements would apply.
As the Law Society is still not in a position to be of assistance, your file will remain closed.
Mr. Karimjee wlll be mailed a copy of this letter, aswell as the letter dated September 21,2009,
with your address removed, on November 27, 2009, unless we receive a request from you not to
do so.
Yours truly,
,. -,~.[{((/JL. )
l.
Carla Frutuoso
Law Clerk
Complaints Services
Encls.
03-19-2003 19 : 10
PAUL LOSCHEF
96562926
Ministry of the
Attorney General
Minister du
Procureur general
Office of the
Assistant Deputy Attomey General
Cablnetdu
Sous-procureur general adjoint
Divislon du droit c:nmina l
Criminal Law Division
~dific:e Mc:Murtry-Scott
720, rue Bay
McMurtry-Soott Building
720 Bay Street
6th Floor
Toronto ON MSG 2K1
6" etage
Tofonto ON M5G 2K1
Tel: 416326-2615
Fax; 416-326-2063
TeL: 416-326-2615
Tl!lec.: 4163262063
PAGE6
('~
tz,r> Ontario
Our Reference#: M09-07343
NOV 0 9 2QQg
Mr. Jason Kran:;:
42 1 Teulby Crescent
Waterloo, ON
N2J 4N4
Dear Mr. Kranz:
Thank you for your letter to the Ministry of the Attorney General, regarding legal process
complaints. I have been asked to respond to your letter on behalf of the ministry.
'
According to the documentation you have provided, you complained to the Ontario Civilian
Commission on Police Services in August 2007, and through their auspices, thereatlcr to the
Ottawa Police Service Professional Standards Section regarding the conduct of the complainant
and witnesses in the case against you. On October 10, 2007 you were informed in writing. that an
investigation into your complaints had determined that there was no evidence to sustain your
allegations of improper conduct. You enclosed your October 10, 2007 letter from the OPS
Professional Standards Section with your materials in support of your cwrent complaint to this
office about the same file.
From those materials, it would appear that on September 11, 2009, you also complained to the
Law Society of Upper Canada about the Crown Attorney who has carriage of the case. By letter
dated September 21, 2009. the Law Society inf()rmed you that they could only act on information
suggesting that a lawyer has done something contrary to the Rules of Professional Condu<:t. Your
complaint did not meet that criterion.
You have now forwarded your complaint to this ministry in the rather vague language that there
ha'l somewhere been an "abuse of the legal process, making my life miserable." You provide no
details as to exactly what you are alleging and how it might be attributable to the Crown.
As you know, the preliminary hearing into the charges that you are facing took place over three
days in November of 2008. The court heard from six witnesses and received numerous exhibits
at that proceeding. After hearing argument from your counsel and from the Crown, the presiding
.
1
./2
03-19-2003 19:10
PAUL LOSCHEF
96562926
PAGE7
-2Judge found that there was sufficient evidence to meri t sending you to trial for two counts of
criminal harassment and two counts of uttering threats. These matters are currently scheduled to
be tried over three weeks in the Superior Court commencing on February 16th, 20 I 0.
As your case is currently befhre the courts, it would be inappropriate for the Attorney General or
any Ministry official to comment on or become involved in these ongoing legal proceedings.
Suffice it to say that to date, the Crown's assessments, arguments and actions have been made in
a very public and transparent manner, on the .record at the preliminary hearing. A~ the
conclusion of that hearing, based on the evidence presented, the presiding justice agreed with the
Crown's submissions and so you were committed to stand trial. There is nothing in the process
that wus followed, nor in your allcgatiqns, to suggest any abuse ofthe criminal court or its
process.
Yours truly,
JohnAyrc
Assi~tant Deputy Attorney General
Criminal Law Division,
I
I
Information No. 08-2158
I
ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
JASON NICHOLAS KRANZ
10
********* * ******
P R E L I MI NA R Y
lNQUIRY
Volume 2
15
********* * ******
HEARD BEFORE THE HONOURABLE MR. JUSTICE F.A. SARGENT
On Tuesday, November 25, 2008, at OTTAWA, Ontario
**** * * * ** * ******
20
CHARGES :
sec.264(3) C.C . C. x 3
sec . 264(1) (2) C.C.C. x 2
**** * * * ** * ******
25
APPEARANCES :
M. Karimjee, Mr .
30
D. Nugent, Mr.
. Counsel for the Crown
Counsel for the accused
I
I
I
I
I
( i)
Table of Contents
ONTARIO COURT OF JUSTICE
5
T A B L E
0 F
C 0 N T E N T S - Volume 2
********* * ******
Exam.
in- Ch.
Crexam.
PETTIS, Scott MacKenzie
15
36
JEHA, Constantine
70
72
DANYLUK,
78
' 90
10 2
105
WITNESSES:
ReExam.
10
Peter
NOEL, Stephan
15
****************
EXHIBIT NUMBER
25
ENTERED ON PAGE
Letters of Complaint & Exone r ation
35
Video of Phone Booth
36
Photo of Vehicle
83
Photo of Front of Vehicle
84
Collective Documents
90
Property Report of Aug. 24/07
103
10
Storage Box
104
11
Last Part of Box
111
********** * *****
Transcript Order Received:
May 7, 2009
Transcript Completed:
June 1, 2009
30
. ...
- ..
~-
- - - -~ -
102. Volume 2
R . v. Kranz
S , Noel - ex-i n -ch
THE
COURT:
really is.
of day.
MR. KARIMJEE :
THE
COURT:
MR .
KARIMJEE :
I think, o n your part, it
think you' v e seen the light
Yes .
There must h ave been a
coming down from heaven .
Honour,
be it.
glow
On e more witness, Your
just two questions, and that will
THE COURT: ,Okay .
STEPHAN NOEL:
SWORN
EXAMINIATION-IN-CHIEF BY MR. KARIMJEE
Q.
MR .
Officer Noel.
KARIMJEE :
The . othe r
exhibits ,
Mr.
Clerk?
[DISCUSSION BETWEEN CROWN AND CLERK]
showi ng y ou
possession?
Q.
These two boxes, and t h is box that I'm
ri g ht now, who .had those boxes in their
A.
I did, until I turned t hem over to you
yesterday afternoon .
And when were these i t erns taken over
Ottawa ... the Ontario Provincial Police?
A.
They were received o n the 24th of
Q.
st 2007, b y Constable Richer (ph).
Q.
Okay .
And is that the r eceipt?
103 . Vol ume 2
R. v. Kr anz
S. Noel - ex-i n -ch
proper t y report that he
in . the vault.
completed before lodging the items
g u ess this is the
And . I
Okay.
Q.
A.
That's
the
original and that's a copy.
A.
This would be a cop y .
This would stay
in the records.
I'll re q uest that this be
MR. KARIMJEE :
marked as exhibit a n d t hat it reflect the
10
date that it was seized .
THE COURT:
Any objecti on?
MR. NUGENT:
THE COURT:
No objecti o n, Yotlr Honour.
Thank you.
Exhibit nine.
EXHIBIT NUMBER 9 - Prope rty Report of Aug.
15
24/07 - Produced and Ma r ked.
Q.
MR. KARIMJEE:
well.
A.
20
Th is
is
the
box
as
It is.
Is that empty, by the way?
I t' s empty, Your Honour.
MR. KARIMJEE :
THE COURT:
THE COURT: Okay .
MR. KARIMJEE:
All
the
i terns
from there
were removed.
THE COURT:
I see . All right.
MR. KARIMJ EE:
Q.
. 30
All righ t.
Officer,
for some reason,
you wanted
to use to this as part of the exhibit as well.
It's j ust they wer e stored inside that
A.
box,
under seal.
And s o ,
offered them up in case it
104. Volume 2
R. v. Kranz
S. Noel - ex-in-ch
became an issue.
wanted to let you know and let
Court know that's what they were contained in.
the
And that
was contained in the vault . That's it.
MR.
KARIMJEE:
just
going
to
request
that this be marked as a n exhibit as well.
THE COURT:
Okay, the ne xt exhibit.
THE COURT CLERK:
THE COURT:
N4rnber 10.
Thank you .
'
,~
r'
EXHIBIT NUMBER 10 - Stora ge Box - Produced
and Marked.
;~
.:
MR. KARIMJEE:
Q.
Thank you .
And you were also involved in seizing
the tape from the Pioneer gas.
A.
Yes, sir. I was.
Q.
Thank you very much.
MR. KARIMJEE:
Those are all the questions
I have.
THE COURT:
Thank you.
CROSS-EXAMINATION BY MR. NUGENT
Was that Constable Noel or is
Q.
Sorry.
A.
Detective Constable Noel.
Q.
Detective Cons t able, okay .
it ... ?
. Can I call
you Officer Noel or do you prefer De t ective Constable?
A.
Detective Constable's fine.
Q.
Detective Constab l e?
A.
Thank you.
~'
105. Volume 2
R. v. Kranz
S. Noel - c r-ex
Okay.
Q.
one
who
seized
the
So,
package
understand you were the
in question,
the
boxes
and
whatnot.
A.
No, sir.
Q.
O~ay.
A.
I was assigned t o the
investig~tion
on
the 1st of November 2007.
Q.
Okay.
A.
The responding uniform patrol officer
was Constable Richer.
Q.
Okay.
A.
And he's the dne
that~received
the box
from Mr. Pettis.
Q.
Okay. So,
you took custody of the box
A.
The vault.
Q.
From the vaul t , o kay.
from?
And do you have
knowledge of what happened to the p ackaging in terms of
what tests were run on it?
A.
it.
do
know,
don't
have
t e chnical
knowledge
of
just as in common knowledge as a police
officer, that it was chemically t re a ted.
Q.
Okay.
A.
For fingerprints.
Q.
Okay.
A.
And
that
Q.
Okay.
Now,
yielded
that
negative
results.
we've
heard
some
within the box.
evidence
when
today
you . say
that
there
"it
was
was",
a
box
106. Volume 2
R. v. Kranz
S. Noel - c r -ex
A.
That's
corre ct .
opened
the
box
yesterday and that's what I saw, a box within a box, and
a smaller box within that.
Q.
Okay.
A.
So, three b oxes, were all three
boxes tested for fingerprints or jus t the one?
those
couldn't te l l
examinations
myself,
you.
that
I didn' t
was
conduct
done
by
our
identification unit.
Okay.
Q.
What
ab o ut
any
tests
with
regards to foreign agents that might be hazardous?
A.
tests conducted.
To
my
Q.
No
such
did
you
attend
the
knowledge ,
Pioneer
then~
was
no
such
Now,
test s
c o nducted,
okay.
gas
station with,
think,
it's De t ective Constable Pettis ?
A.
I did. I did .
THE WITNESS:
If I ma y refer to my notes,
Your Honour?
THE COURT:
Any ob j ection from counsel?
MR. NUGENT:
I don't have any objection.
MR. KARIMJEE:
THE COURT:
Go ahe a d, Detective Constable.
THE WITNESS:
A.
It
No .
Tha nk y o u.
would ' ve
b e en
on
the
2nd
of '
Novembe r 2007.
MR.
NUGENT:
Q.
Okay.
Now,
did
you
assist with the phone trace to th a t . . . ?
A.
30
involvement ,
background,
if
I
No,
I
was
I had noth i ng to do with that.
may give the Co u rt a little bit
essentially
advi s ed
that
My
of
would be
107. Volume 2
R. v. Kranz
S. Noel - cr-ex
taking
over
the
arrived at Mr.
investigation
and Mrs.
i nto
this
box
having
Pettis's res idence, because that
address is in our jurisdiction.
Q.
Okay.
A.
supervisor
been
that
previous
had
there
was
incidents
some
an
knowledge
from
my
ongoing ... that
there
had
involvi ng
military
police
in
different jurisdictions.
Q.
Okay.
A.
And that now there was some calls that
were being made.
Q.
Sorry?
A.
There were some calls being received
by the complainants.
Q.
A.
Okay.
I
was asked to basically look at the
overall investigations that went on , b e cause they were in
different jurisdictions, and see wheth e r there might be a
pattern of criminal harassment going on .
Q.
Sure.
Now, when yo u attended the gas
station, you were able to ascertain wh i ch phone booth the
calls were made from, correct?
A.
information
that
received a
call,
was ... that
there
received,
it
was
That
was
already
a l ready .. . that
establi s hed.
And
was
when
Constable Pettis tel l ing me that there
would
an
be
indirect
through my supervisor.
including a death threat.
-------
was
call
that
receipt
of
he
would've
information
There had been other calls,
one
108. Volume 2
R. v. Kranz
S. Noel - cr - ex
So,
writing of a
5
all night.
Pettis.
at
that
time,
was
involved in the
search warrant for a h a ndgun.
The
Q.
following
day
ma d e
That went on
contact
with
Mr.
Sorry, you were ... ?
A.
This
Q.
Right.
is
on
the
1st,
the
1st
of
November.
A
warrant
for
handgun,
what ... ?
A.
In a different unr e lated case.
Q.
All right, sir .
A.
A completely unrel a ted case.
Q.
Okay.
A.
So, I was up a l l n i ght .
Q.
Sure.
A.
The
following mo r ning,
warrant.
And on the second,
with Mr. Pettis.
executed a
atten d ed ... I made contact
Q.
Right.
A.
And we convened to meet on Ogilvie, at
Pioneer gas station.
Q.
A.
Okay~
believe
it
wa s
close
to
Cummings
Avenue.
Q.
Okay.
A.
When I got there, Mr. Pettis says this
is the wrong ... this is the wrong gas s tation.
Q.
Okay.
A.
And we ended up go i ng to 2160 Ogilvie,
which is at the corner of Blair and Og ilvie.
109. Volume 2
R. v. Kranz
S. Noel - cr- ex
Q.
Okay.
A.
There's a Pioneer gas station there.
Okay.
Q.
A.
And in speaking wi th Mr.
the owner or manager,
camera set-up was,
Jeha,
who's
he took us to where the security
recordings.
And we viewed the video
there.
Okay.
Q.
You viewed the video.
So,
did
10
you .. . ?
When you got t o the right ga s stat i on, was there
more than one phone booth?
Or were yo u ab l e to ascertain
which phone booth was the right one?
A.
There was ....
of phone booths, by memory.
15
to
look
a nd
see
whether
I th i nk
it
was a couple
But what we did is we tried
there's
a ny
video
security
equipment that might encompass tha t , pan to that.
Q.
Okay.
A.
And there was some cameras set up for
drive-offs or people that drive off without paying from
20
the pumps.
Like
And it's just furthe r north from that set-up.
from where the gas pumps are,
i t's
further north .
So, basically, we just looked at the camera and looked at
its potential line of sight.
And
.. 25
security
equipment
then,
for
we
c an
said,
approx imately
we
this
check
time
your
to
see
whether or not we may see a veh i cle or a person go into a
phone booth?
And that's what we did.
Q.
ascertain
which
Okay.
phone
So ,
booth.
you
It
didn't
was
just
nece~sarily
there's
110. Volume 2
R. v. Kranz
S. Noel - cr-ex
security camera that's covering both phone booths.
let's just get the tape for that.
A.
So,
Yeah, I remember going to the phone
But as far as c onfirming that that
booth and looking.
phone was t h at number, to me that was a given.
Constable
Pettis had
questioning.
already
established
that,
and
wasn't
I had no reason to ques t ion that.
Q. Okay.
A.
That
was
info rmation
that
he'd
received from his service, I believe.
So, it was a
given, to me.
This is the right phone.
This is the
right phone booth.
Q.
Okay.
A.
We
looked
to
see
if
there
might' ve
been any potential evidence that migh t 've been visible to
us.
I've
gone
to
break
and
driver's licences behind,
was
nothing
obvious
to
enters
where
people
shou l d you be so lucky.
us.
So,
my
focus
was
leave
There
more
on
getting video. If it was a possib i lit y that we had video,
then let's get video.
Q.
Okay. And lastly,
on the phones themselves,
either of these phones?
were any tests done
like a fin g erprint lifted from
A.
Q.
Not by the OPP, tha t's for sure.
Not by the OPP.
A.
No.
Q.
Okay.
Thank you v ery much.
MR.
NUGENT:
That was
enlightening.
Nothing further.
Thank
you,
Your
Honour.
111. Volume 2
R. v. Kran z
Proceeding s
THE COURT :
MR.
Any re-e x am of this officer?
KARIMJEE :
No.
believe
the
only
thing I need to do is I think that's the
other part of the box that still remains.
THE COURT :
Okay . We 'll make that another
exhibit.
MR. KARIMJEE :
Thank you.
THE COURT CLERK:
THE COURT:
EXHIBIT
Exhibit number 11.
Thank you .
NUMBER
11
Last
Part
of
Box
Produced and Marked.
THE COURT:
Than ks,
Detective Constable.
You're free to go, s i r.
THE WITNESS:
Thank you.
Thank you,
Your
Honour.
MR.
KARIMJEE :
That's
the
Crown's
case,
Your Honour.
THE COURT:
MR.
NUGENT:
the
Court,
Okay .
Your Honour,
I
would
if
request
it
pleases
to
adjourn
until tomorrow to make submissions.
I'd
have a chance to rev iew my notes before I "
make
my
submiss i on .
don't
know
if
my
friend is contra r y minded.
THE COURT:
that.
the
Yes ,
have no problem with
Do you wish your client to receive
preliminary warning
at
this
time
or
- ..
112 . Volume 2
R. v. Kran z
Proceeding s
would you prefer t o have that in the
morning ? It's up to you.
MR. NUGENT:
We co u ld do it now, Your
Honour.
THE COURT:
Mr. Clerk, would you give the
preliminary caution t o the accused?
Do
you know what I'm spe a king about?
THE COURT CLERK :
I'm sorry, Your Honour.
I'm not aware of which caution ' that would
be.
THE COURT:
I t's the warning that you give
to an accused after t he Crown's evidence
is in with respect to a preliminary
hearing. What is i t, 5 72?
MR. KARIMJEE:
I'm no t sure of the exact
section .
I can look that up, Your Honour.
THE COURT:
As soon a s you find it, I' 11
do it for you .
[DISCUSSION BETWEEN THE COURT AND CLERK]
THE COURT:
-Yes , it's 541.
forward please, Mr . Kranz?
Would you come
I just want to
make sure that we've arr aigned the accused
on the ones that I thi n k we arraigned the
accused on.
And tha t is, counts one,
three, four, and five.
Is that correct?
MR. KARIMJEE:
I think they were all the
counts on that one information.
THE COURT:
All the counts?
-- . --- -
. --------
115. Volume 2
R. v. Kranz
Proceedings
CERTIFICATION
****************** * *****************
5
THIS IS TO CERTIFY THAT
The foregoing is a true and
accurate transcription from
my recordings made herein,
to the best of my skill and ability.
10
Lyn~------~~------~----------------15
20
25
30
**Please be aware that any transcript
affixed with a photocopied court reporter
signature is not deemed to be a certified
true copy as set out above and is not in
accordance with Ont. Reg. 587/91 of the
Courts of Justice Act.
