.

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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.