R v Mehari, 2021 SKCA 26

“Whitmore J.A.” Whitmore J.A. “Leurer J.A.” Leurer J.A. “Kalmakoff J.A.” Kalmakoff J.A. Court of Appeal for Saskatchewan Docket: CACR3257 Citation: R v Mehari , 2021 SKCA 26 Date: 2021-02-19 Between: Awet Mehari Appellant And Her Majesty the Queen Respondent Before: Whitmore, Leurer and Kalmakoff JJ.A. Disposition: Appeal dismissed Supplemental written reasons by: The Court On Appeal from: CRM 144 of 2018 (QB), Regina Appeal heard: January 10, 2020 Counsel: Aaron A. Fox, Q.C., for the Appellant W.

Dean Sinclair, Q.C., for the Respondent The Court [ 1 ] In March of last year, the Court rendered its decision in this matter ( R v Mehari , 2020 SKCA 37 , 387 CCC (3d) 147 [ Mehari SKCA ]). The majority (Whitmore and Kalmakoff, JJ.A.) allowed the appeal by Awet Mehari on the basis that the trial judge had erred by applying a greater degree of scrutiny to the evidence given by Mr. Mehari than to that given by the complainant. In the majority’s view, this issue was dispositive of appeal. As such, apart from rejecting Mr.

Mehari’s argument that the verdict was unreasonable, the majority found it unnecessary to address the remainder of his grounds of appeal. [ 2 ] Justice Leurer, who wrote a dissenting opinion, would have dismissed the appeal on all of the grounds raised by Mr. Mehari. [ 3 ] The Supreme Court of Canada allowed the Crown’s appeal from the majority’s decision in Mehari SKCA ( R v Mehari , 2020 SCC 40 ), holding that the trial judge had not erred as described above.

The Supreme Court remitted the matter to this Court “to decide the grounds of appeal the majority did not address” (at para 2). [ 4 ] In light of that ruling, the Court invited further written submissions from the parties. Mr. Mehari filed additional written argument; the Crown did not. [ 5 ] With respect to the grounds of appeal remitted to the Court, we are not persuaded by either Mr. Mehari’s original arguments or his supplemental submissions. Accordingly, Mr. Mehari’s appeal is dismissed, for the reasons given by Leurer J.A. in Mehari SKCA . [ 6 ] Mr.

Mehari shall surrender himself to the custody of the Regina Police Service within 48 hours of the release of these reasons.