The Supreme Court of Canada is seen, Friday, June 16, 2023 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
OTTAWA – The Supreme Court of Canada has set aside a man’s conviction for taking part in the activities of a criminal organization, saying the trial judge’s instruction to the jury was insufficient.
In a 7-1 decision today, the top court ordered a new trial for Ahmed Abdullahi on the count in question, which stemmed from an investigation into the trafficking of illegal firearms in Ontario.
A jury found Abdullahi guilty of various firearm-related offences, and the convictions were upheld by the Ontario Court of Appeal.
However, a dissenting judge disagreed in one respect, saying the trial judge erred by failing to adequately instruct the jury on the definition of a criminal organization in the Criminal Code.
That opened the door to a hearing for Abdullahi in the Supreme Court.
His lawyers told the top court the trial judge’s instruction indeed fell short, meaning there should be a new trial on the count of participating in the activities of a criminal organization.
This report by The Canadian Press was first published July 14, 2023.