November 15th, 2024

Supreme Court orders new trial on criminal organization charge over jury instruction

By The Canadian Press on July 14, 2023.

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.

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