R. v. Nour-Eldin, 2023 BCSC 1739

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Nour-Eldin, 2023 BCSC 1739 Date: 20230801 Docket: 31564-2; 33339-2 Registry: Vancouver Rex v. Meaz Abdelrahma Nour-Eldin And Docket: 33913-1-T Registry: Vancouver Rex v. Jamie Ryckman, Meaz Nour-Eldin and Elkan Vyizigiro Restriction on Publication: A publication ban has been mandatorily imposed under s. 486.4(1) of the Criminal Code of Canada , R.S.C. 1985, c. C-46 restricting the publication, broadcasting or transmission in any way of information that could identify the complainant in SCBC Action No. 33339.

This publication ban applies indefinitely, unless otherwise ordered. Corrected Judgment: The text of the judgment was corrected at the cover page and paragraphs 4 and 14 on January 23, 2024. Before: The Honourable Justice Fitzpatrick (Appearance via videoconference) Oral Ruling (Re the Accused Nour-Eldin) (Hearing proceeded via teleconference) Counsel for the Provincial Crown: C.J. Smith Counsel for the Federal Crown: A.L. Russell Counsel for the Accused: R.T. Gill I. Bownick, Articled Student Place and Date of Hearing: Vancouver, B.C. August 1, 2023 Place and Date of Judgment: Vancouver, B.C.

August 1, 2023 [ 1 ] THE COURT: There are three matters before me:

a) File No. 31564-2: In July 2022, Mr. Nour-Eldin was convicted on drug trafficking charges. In September 2021 and February 2022, the matter regarding possession for the purpose of trafficking (“PPT”) proceeded before me at trial. On May 5, 2022, I gave reasons on the voir dire (indexed at 2022 BCSC 730 );

b) File No. 33339-2: In October 2022, Mr. Nour-Eldin plead guilty to a human trafficking charges; and

c) File No. 33913-T: In May 2022, Mr. Nour-Eldin plead guilty to a human trafficking charge in Ontario. [ 2 ] These matters have had a very unfortunate history. [ 3 ] Following Mr. Nour-Eldin’s conviction in the PPT matter, there were numerous fix date attendances to the end of 2022. [ 4 ] In early January 2023, the Ontario matter was transferred to BC. This was done on the basis of a joint submission, negotiated between Mr. Nour-Eldin’s counsel and the Federal and Provincial Crowns, that was to be presented to the BC Court for sentencing purposes on all three matters. At the time, Mr.

Nour-Eldin was represented by Mr. Swartz. [ 5 ] On January 20, 2023, Ms. Smith (Crown on the two Provincial matters), Mr. Singhal (Crown on the PPT matter) and Mr. Swartz

appeared before me. Mr. Swartz indicated he was withdrawing as Mr. Nour-Eldin’s counsel. At that time, I was informed about the guilty plea in Ontario and the fact that the parties had arranged for a joint submission with respect to all three matters, after the Ontario was transferred to BC. [ 6 ] A date for sentencing was set February 17, 2023; however, that hearing did not proceed. [ 7 ] From February 22, 2023, there have been a significant number of fix date attendances by both Crowns and Mr. Nour-Eldin’s counsel.

On April 26, 2023, a new sentencing date was set for July 21, 2023, again in the context of the joint submission. [ 8 ] On July 20, 2023, this matter then came on before me. By that time, counsel included Ms. Smith for the Provincial Crown, Ms. Russell for the Federal Crown and Mr. Gill who has been retained as Mr. Nour-Eldin’s new counsel. At that point, there was various discussions about how matters would proceed. Mr. Gill made various vague comments about whether the matters, other than the PPT matter, was appropriate to proceed before me, although the reasons for those comments were anything but clear.

In any event, I indicated to counsel at that time that I was, again, concerned about the significant delay in dealing with this matter. [ 9 ] The sentencing did not proceed on July 21, 2023. [ 10 ] On July 26, 2023, I convened a case management conference (“CMC”). By that time, by my count, there had been some 16 fix date appearances by all counsel to address the matters. During this CMC, it was apparent that there was still some question, at least from Mr.

Nour-Eldin's point of view, about what he wanted to occur at the sentencing that was then scheduled to take place on August 4, 2023 at 2:00 p.m., again, on the basis of the joint sentencing submission. At that time, I concluded that the sentencing would proceed as scheduled. [ 11 ] Earlier this week, Mr. Gill contacted Supreme Court Scheduling, indicating that he wanted to have another hearing to address certain procedural matters. [ 12 ] Hence, we reach today's CMC on August 1, 2023. Mr. Gill, on behalf of Mr. Nour-Eldin, has now indicated that Mr. Nour-Eldin is withdrawing his consent to the joint submission.

He says that Mr. Nour-Eldin "wants to proceed" on an individual basis and that he will be representing Mr. Nour-Eldin on only the PPT matter and not the Provincial human trafficking matters. In any event, Mr. Gill now tells me he is not ready to proceed on August 4, 2023 for the sentencing. [ 13 ] Ms. Smith, for the Provincial Crown, expresses various concerns about the history of this matter, which I share. There has been a significant amount of judicial time and economy, in addition to counsel's time and economy, in terms of getting the sentencings heard in a reasonable period of time. [ 14 ] Given Mr.

Nour-Eldin's withdrawal from the joint submission, which is the only basis upon which the Ontario matter was transferred to BC for resolution , it appears that will result in him returning to Ontario to address the matter. As far as counsel are aware, it is now an administrative matter where Ontario Crown counsel will arrange to have Mr. Nour-Eldin return to Ontario to address his guilty plea. I am told that the Ontario guilty plea was taken after the court had conducted a s. 606 inquiry and that Mr.

Nour-Eldin allocuted to certain facts as part of that hearing. [ 15 ] That leaves the two BC matters to be addressed. The PPT conviction arises from the trial that I conducted and, obviously, I will address the sentencing. I am also assuming case management and the hearing with respect to the BC human trafficking matter. I do so to simply introduce a more rigorous scheduling process in order to deal with that matter.

I agree with both Crown counsel that the BC matter should proceed to sentencing as soon as possible and that it is appropriate that I hear that matter along with the PPT sentencing. [ 16 ] Accordingly, I am adjourning the sentencing of the PPT conviction and the BC human trafficking conviction to September 18, 2023. I am also indicating on the record that, if Mr.

Nour-Eldin is not returned to Ontario for any reason (for example, he changes his mind on the joint submission), and that matter is still to proceed in BC on some basis, I will also hear it. [ 17 ] I am setting this sentencing for a full day hearing on September 18, 2023 given Mr. Nour-Eldin's withdrawal from the joint submission so as to ensure that we have sufficient time for the sentencing, particularly if there are contested issues arising from the facts and respective submissions of Crown counsel and defence counsel. “Fitzpatrick J.”