Leave to Extend Time for Leave to Appeal on Historical NCR Verdict Granted by ONCA

This is such an important win for this accused!

Congrats to Carter Martell!

CITATION: R. v. Ahmed, 2025 ONCA 650

For the straight to the end of the novel folks: extension of time granted on a super old NCR already denied leave previously.

My Summary:

The accused was wrongly diagnosed with schizophrenia leading to the underlying NCR offence – turns out he really just has a substance use issue which made him a) commit the index offence AND importantly b) ensures he’ll never actually now get OUT of the ORB system. So that’s a bad combination, unless you can get the historical NCR overturned somehow. Now historical NCRs have been overturned with surprising regularity, mostly by Erin Dann, Paul Socka, Cassandra DeMelo and Carter, but it’s tougher to do once you were already denied the right to try. BY the ONCA.

Along comes this special case of:


R. v. Ahmed
, 2025 ONCA 650

Released today here:

https://coadecisions.ontariocourts.ca/coa/coa/en/item/23573/index.do

Long story shorter:

So Mr. Ahmed has appealed his NCR verdict before.

Back in 2016 he gave it a shot but the leave to extend the time for filing was denied then.

Along comes, dare I say my friend, Carter Martell who gives it a try 10 years damn near later and guess what?!

Justice Sossin says that’s fine.

Leave to extend the time to appeal this very, very old NCR Verdict granted on the basis that there may well be something to that ineffective assistance of counsel argument.

I’m begging you all, when recommending NCR to your clients, make them sign something that says “you may never, ever, and I mean ever, get out of custody again, as long as you shall live” if you choose this path.

Enjoy!

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About Anita Szigeti

• Called to the Bar (1992) • U of T Law grad (1990) • Sole practitioner (33 years) • Partner in small law firm (Hiltz Szigeti) 2002 - 2013 • Mom to two astonishing kids, Scarlett (20+) and Sebastian (20-) • (Founding) Chair of Mental Health Legal Committee for ten years (1997 to 2007) * Founding President of Law and Mental Disorder Association - LAMDA since 2017 * Founder and Secretary to Women in Canadian Criminal Defence - WiCCD - since 2022 • Counsel to clients with serious mental health issues before administrative tribunals and on appeals • Former Chair, current member of LAO’s mental health law advisory committee • Educator, lecturer, widely published author (including 5 text books on consent and capacity law, Canadian civil mental health law, the criminal law of mental disorder, a law school casebook and a massive Anthology on all things mental health and the law) • Thirty+ years’ experience as counsel to almost exclusively legally aided clients • Frequently appointed amicus curiae • Fearless advocate • Not entirely humourless
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