By Canadian Press

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

Jul 14, 2023 | 7:47 AM

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.

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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.

The Canadian Press