When Saheed Bacchus Ali was arrested with large quantities of illegal drugs and two illegally-possessed handguns on September 10, 2019, he violated not one but four Firearm Prohibition Orders.

None of these prohibition orders stopped Saheed Ali from illegally obtaining and possessing a loaded Smith and Wesson handgun and an unloaded Glock pistol with its serial number removed.

Both the original hearer of his bail application, Justice of the Peace Mark Conacher, and the judge hearing the revised application, Honourable Nancy J. Spies, make it clear Saheed Ali will, if left to his own devices, re-offend.

Justice of the Peace Mark Conacher:

[71] Regarding the circumstances, Mr. Ali was in possession of two handguns, one of which was loaded and on his person. He did this while transporting quantities of drugs that are consistent with amounts typical of trafficking.

The second handgun, while unloaded, had ammunition in the same grocery bag that Mr. Ali was carrying. He had relatively recently been set upon on a public street, robbed, stabbed and left for dead. His witnesses in this hearing had testified that he was fearful (understandably) that he was a target.

Yet there he was on a Tuesday afternoon on one of Toronto’s principal thoroughfares with a loaded handgun carrying items that would make him a target. The potential for violence, to him as well as to others, was considerable.

Left to his own devices, Mr. Ali will almost certainly engage in similar conduct, notwithstanding the current charges against him.

The Honourable Nancy J. Spies:

In my view, given Mr. Ali’s criminal record, he clearly has been active as a drug dealer in the past.

Furthermore, I can think of no other reason why Mr. Ali would have such a large quantity of ammunition in his possession along with an unloaded firearm and empty magazine, other than for the purpose of selling those items.

In my view, for the purpose of this bail application only, it is reasonable to conclude that Mr. Ali was once again involved in the drug trade and possibly even worse – trafficking firearms.

I find that notwithstanding time in prison and in jail, a number of weapons’ prohibition and other orders in terms of recognizance and probation, and notwithstanding the positive influence of Ms. Hildalgo-Diaz, that absent adequate supervision there is a “substantial likelihood” of Mr. Ali continuing with his unlawful behaviour and committing further offences.

Despite Saheed Ali’s high likelihood of re-offending, the Honourable Nancy J. Spies released Saheed Bacchus Ali on bail because of the threat of COVID-19 on April 24, 2020.

[81]           I appreciate that Mr. Ali wearing a GPS bracelet would not prevent him from committing a criminal offence if that is what he chose to do, although even with Mr. Ali there may be some psychological deterrent as suggested by Molloy J. in T. L., at para. 22. However, if I order that Mr. Ali be in the constant presence of one of his sureties, he would have to commit an offence in their presence. For the reasons already stated, I accept that they would not permit that.

[82]           For these reasons I conclude that Mr. Ali has met his onus justifying that his detention is not necessary on the secondary ground.

One of the laughable conditions of release Justice Spies imposed on Saheed Ali is another Firearms Prohibition Order.

Saheed Ali ignored all four existing Firearm Prohibition Orders against him. What on earth makes Judice Spies believes a fifth prohibition order will be obeyed?

Both his release from custody and his fifth Firearm Prohibition Order are complete jokes.

That a proven violent offender who ignores multiple firearm prohibitions is released makes a mockery of our so-called justice system, as defined in Section 515(10)(c) of the Criminal Code.

For the purposes of this section, the detention of an accused in custody is justified only on one or more of the following grounds:

(a) where the detention is necessary to ensure his or her attendance in court in order to be dealt with according to law;

(b) where the detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, or any person under the age of 18 years, having regard to all the circumstances including any substantial likelihood that the accused will, if released from custody, commit a criminal offence or interfere with the administration of justice; and

(c) if the detention is necessary to maintain confidence in the administration of justice, having regard to all the circumstances, including

(i) the apparent strength of the prosecution’s case,
(ii) the gravity of the offence,
(iii) the circumstances surrounding the commission of the offence, including whether a firearm was used, and
(iv) the fact that the accused is liable, on conviction, for a potentially lengthy term of imprisonment or, in the case of an offence that involves, or whose subject-matter is, a firearm, a minimum punishment of imprisonment for a term of three years or more.

 

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Shaheed Ali’s Criminal Record

Shaheed Ali is a career criminal with a long criminal record, as Justice Spies recounted in her lengthy ruling: R. v. Ali, 2020 ONSC 2374.

[20]           Mr. Ali’s criminal record has regular entries starting in January 2002, when he was 20 years old, and continues consistently, with one notable gap, until July 2016. In the period from January 2002 until June 2009, Mr. Ali was convicted of:

•    trafficking in a Schedule I substance x5;
•    possession of a Schedule I substance for the purpose of trafficking x3;
•    possession of a Schedule I substance x1;
•    possession of a prohibited or restricted firearm obtained by crime x1;
•    possession of a prohibited or restricted firearm with ammunition x1;
•    possession of property obtained by crime x1;
•    failing to comply with a recognizance x4; and
•    failing to comply with probation order x1.

[21]           The early drug convictions resulted in various jail sentences, and, for the firearms and trafficking convictions in September 2006, Mr. Ali was sentenced to a 30-month prison sentence. He was also recommitted to prison in August 2008, having been found to have violated his statutory release. Thereafter, there was one further conviction for possession of a Schedule I substance in June 2009.

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Ali’s Latest Conditions of Release

1. Keep the peace and be of good behaviour;
2. Remain in the Province of Ontario;
3. Reside with Meisha Hildalgo-Diaz at 107 Humber Boulevard, Unit 5, Toronto, Ontario, M6N 2H4 (the “Residence”) and be amenable to the routine and discipline of the household;
4. Upon your arrival at the Residence, self-isolate for 14 days in the basement;
5. Remain in the Residence at all times EXCEPT in the immediate and direct presence of Meisha Hildalgo-Diaz or Jabar Ali or your lawyer and then only on prior notice given to the electronic monitoring company set out below, Recovery Science Corporation. You must obey a curfew and be in the Residence from the hours of 11:00 p.m. to 5:00 a.m. each day. The only exception to this condition (e) is a medical emergency involving you, one your sureties or one of the six children residing in the Residence;
6. Advise the Officer-in-Charge, DC Cody Josephs, Badge # 90497 of 14 Division at 416-808-1400 if anyone in the Residence or Mr. Jabar Ali contracts COVID-19;
7. Do not answer any exterior door or any land line telephone at theResidence;
8. Do not possess or use any cell phone exceptin the presence of and with the permission of one of your sureties;
9. Do not possess or use any cellphone,computer or any device capable of accessing the internet except in the direct supervision of one of your sureties;
10. Do not have any visitorswith the exception of members of your family;
11. Do not receive any mail unless it is first opened and read by one of your sureties;
12. Do not receive any parcels unless the parcel is first opened and examined by one of your sureties;
13. Attend all court proceedings as and when required in the company of one of your sureties;
14. Report to the Toronto Police Service Bail and Enforcement Unit either via email at bail@torontopolice.on.ca or by phone calling 416-808-5700, between 8:00 a.m. and  4:00 p.m., once per month on any day of the week, Monday to Friday, save for statutory holidays;
15. At your expense, be subject to GPS monitoringby wearing a GPS ankle bracelet at all times and submit to a 24-hour electronic monitoring by Recovery Science Corporation (“RSC”) and bear the cost of electronic monitoring;
16. Enter into RSC’s Participant Agreement and comply with its Ensure that RSC procedure is that in the event of an alert, notification will be sent directly to the Officer-in-Charge DC Cody Josephs, Badge # 90497 or his or her designate;
17. Install the GPS ankle bracelet immediately upon release;
18. Comply with the RSC leave notification and battery chargingrequirements and cooperate fully with all RSC requirements and RSC staff directions;
19. Permit RSC to install supplementary equipment and to inspect, replace and maintain equipment as it deems necessary;
20. Do not possess or consume any of the substances listed in the schedules to the Controlled Drugs and Substances Act, and abstain from all other non-medically prescribed drugs or narcotics;
21. Surrender all travel documents including passports to the Officer in Charge DC Cody Josephs, Badge # 90497 and do not apply for any new traveldocuments;
22. Do not possess a firearm, ammunition or knife, or other weapons as defined by the Criminal Code;
23. Have a copy of the conditions of your release on your person at all times, while outside of the Residence, and produce them to any police officer if requested; and
24. Present yourself at the front door of the Residence within five minutes of law enforcement attending to ensure that you are in compliance with the terms of your bail.