Docket

33970

Her Majesty the Queen, et al. v. Anic St-Onge Lamoureux

(Quebec) (Criminal) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2012-11-07 Appeal closed
2012-11-05 Formal judgment sent to the registrar of the court of appeal and all parties
2012-11-05 Judgment on appeal and notice of deposit of judgment sent to all parties
2012-11-02 Judgment on the appeal rendered, CJ LeB De F Abe Ro Cro, The appeal from the judgment of the Court of Quebec, Number 450-01-058378-097, 2010 QCCQ 8552, dated September 15, 2010, heard on October 13, 2011, is allowed in part. Rothstein and Cromwell JJ. are dissenting in part.
The constitutional questions are answered as follows:
1. Do ss. 258(1)(c), 258(1)(d.01) and 258(1)(d.1) of the Criminal Code, R.S.C. 1985, c. C 46, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
Answer: No
2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Answer: It is not necessary to answer this question.
3. Do ss. 258(1)(c), 258(1)(d.01) and 258(1)(d.1) of the Criminal Code, R.S.C. 1985, c. C 46, infringe s. 11(c) of the Canadian Charter of Rights and Freedoms?
Answer: No
4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Answer: It is not necessary to answer this question.
5. Do ss. 258(1)(c), 258(1)(d.01) and 258(1)(d.1) of the Criminal Code, R.S.C. 1985, c. C 46, infringe s. 11(d) of the Canadian Charter of Rights and Freedoms?
Answer: Yes
6. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Answer: Sections 258(1)(d.01) and 258(1)(d.1), and s. 258(1)(c) after severance of the words “all of the following three things —” and “, that the malfunction or improper operation resulted in the determination that the concentration of alcohol in the accused’s blood exceeded 80 mg of alcohol in 100 mL of blood, and that the concentration of alcohol in the accused’s blood would not in fact have exceeded 80 mg of alcohol in 100 mL of blood at the time when the offence was alleged to have been committed”, are justified under s. 1 of the Charter.
Allowed in part
2012-02-08 Correspondence received from, Colleen Bauman dated February 8, 2012. Re: Filing of the decision in R v. Kasim (Submitted to the Court on February 10, 2012) Criminal Trial Lawyers' Association
2011-12-20 Correspondence received from, Shannon Prithipaul dated December 15, 2011. Re: Intention of filing a decision in R v. Kasim Criminal Trial Lawyers' Association
2011-10-26 Transcript received, (114 pages)
2011-10-13 Judgment reserved OR rendered with reasons to follow
2011-10-13 Intervener's condensed book, Submitted in Court (14 copies) Barreau du Québec
2011-10-13 Intervener's condensed book, Submitted in Court (14 copies) Association québécoise des avocats et avocates de la défense
2011-10-13 Intervener's condensed book, Submitted in Court (14 copies) Attorney General of Canada
2011-10-13 Appellant's condensed book, Submitted in Court (14 copies) Her Majesty the Queen
2011-10-13 Acknowledgement and consent for video taping of proceedings, From all parties
2011-10-13 Hearing of the appeal, 2011-10-13, CJ LeB De F Abe Ro Cro
Judgment reserved
2011-10-11 Correspondence received from, J.-P. Marcoux by fax, re.: request for 4 reserved seats at the hearing Barreau du Québec
2011-10-06 Correspondence received from, AQAAD by fax, re.: request for 4 reserved seats at the hearing Association québécoise des avocats et avocates de la défense
2011-10-06 Notice of appearance, Eric Downs and Julie Bolduc will be present at the hearing. Association québécoise des avocats et avocates de la défense
2011-10-05 Correspondence received, J. Ladouceur by fax, re.: reserved seats
2011-10-04 Order by, Bi, FURTHER TO THE ORDERS dated August 19, 2011 and September 1, 2011, granting leave to intervene to the Criminal Lawyers' Association of Ontario and the Criminal Trial Lawyers' Association;
IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal
Granted
2011-10-04 Order on motion to extend time
2011-10-04 Decision on motion to extend time, Bi, to serve and file the intervener's factum and book of authorities to Sept. 29/11 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal
Granted
2011-10-04 Submission of motion to extend time, Bi
2011-10-04 Correspondence received from, P. Landry by fax, re.: request for 3 reserved seats at the hearing Attorney General of Quebec
2011-10-04 Notice of appearance, Patrick Fréchette will be present at the hearing. Anic St-Onge Lamoureux
2011-10-04 Notice of appearance, Michel Déom, Jean-Vincent Lacroix, Marie-Ève Mayer and Patricia Blair will be present at the hearing. Her Majesty the Queen
2011-10-03 Motion to extend time, AMENDED to serve and file the intervener's factum and book of authorities to Sept. 29/11 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal, Completed on: 2011-10-03 Criminal Lawyers' Association of Ontario
2011-10-03 Notice of appearance, Roger Cutler and Rodney Garson will be present at the hearing. Attorney General of British Columbia
2011-10-03 Notice of appearance, Shannon Prithipaul will be present at the hearing. Criminal Trial Lawyers' Association
2011-09-30 Correspondence received from, P. Fréchette by fax, re.: request for 3 reserved seats at the hearing Anic St-Onge Lamoureux
2011-09-30 Notice of appearance, Marco LaBrie and Jean-Philippe Marcoux will be present at the hearing. Barreau du Québec
2011-09-29 Intervener's book of authorities, (4 volumes), Completed on: 2011-09-29 Criminal Lawyers' Association of Ontario
2011-09-29 Correspondence received from, François Joyal dated September 28, 2011. Re: Replacing page 20 of their factum (Sent to the judgeson September 30, 2011) Attorney General of Canada
2011-09-28 Motion to extend time, (see AMENDED motion filed Oct. 3/11) (bookform), Completed on: 2011-09-28 Criminal Lawyers' Association of Ontario
2011-09-28 Intervener's factum, Completed on: 2011-09-28 Criminal Lawyers' Association of Ontario
2011-09-28 Notice of appearance, Ginette Gobeil and François Joyal will be present at the hearing. Attorney General of Canada
2011-09-28 Notice of change of counsel, Paul Berstein and Patrick Ducharme will be replacing Andras Schreck Criminal Lawyers' Association of Ontario
2011-09-26 Intervener's book of authorities, Completed on: 2011-09-26 Attorney General of Manitoba
2011-09-26 Intervener's factum - AG on constitutional question, Completed on: 2011-09-26 Attorney General of Manitoba
2011-09-26 Supplemental document, Supplementary Authority, Completed on: 2011-09-26 Attorney General of Alberta
2011-09-26 Intervener's book of authorities, Completed on: 2011-09-26 Attorney General of British Columbia
2011-09-26 Intervener's factum - AG on constitutional question, Completed on: 2011-09-26 Attorney General of British Columbia
2011-09-26 Intervener's book of authorities, Completed on: 2011-09-26 Criminal Trial Lawyers' Association
2011-09-26 Intervener's factum, Completed on: 2011-09-26 Criminal Trial Lawyers' Association
2011-09-23 Intervener's book of authorities, (2 volumes), Completed on: 2011-09-23 Attorney General of Alberta
2011-09-23 Intervener's factum - AG on constitutional question, Completed on: 2011-09-23 Attorney General of Alberta
2011-09-23 Intervener's book of authorities, (4 volumes), Completed on: 2011-09-23 Attorney General of Canada
2011-09-23 Intervener's factum - AG on constitutional question, Page 20 was replaced on September 30, 2011., Completed on: 2011-09-23 Attorney General of Canada
2011-09-23 Intervener's factum - AG on constitutional question, Completed on: 2011-09-23 Attorney General of Ontario
2011-09-23 Intervener's book of authorities, Completed on: 2011-09-23 Attorney General of Ontario
2011-09-20 Appeal perfected for hearing
2011-09-15 Notice of appearance, James Palangio and Philip Perlmutter will be present at the hearing. Attorney General of Ontario
2011-09-09 Notice of appearance, Paul Burstein and Patrick Ducharme will serve as counsel for the Ontario Criminal Lawyers Association Criminal Lawyers' Association of Ontario
2011-09-06 Intervener's book of authorities, Completed on: 2011-09-06 Barreau du Québec
2011-09-06 Intervener's factum, Completed on: 2011-09-06 Barreau du Québec
2011-09-06 Intervener's book of authorities, (7 volumes), Completed on: 2011-09-07 Association québécoise des avocats et avocates de la défense
2011-09-06 Supplemental document, Record, Completed on: 2011-09-07 Association québécoise des avocats et avocates de la défense
2011-09-06 Intervener's factum, Completed on: 2011-09-07 Association québécoise des avocats et avocates de la défense
2011-09-01 Order on motion for leave to intervene, (BY BINNIE J.)
2011-09-01 Decision on the motion for leave to intervene, Bi, UPON APPLICATION by the Criminal Trial Lawyers' Association for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Criminal Trial Lawyers' Association is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before September 26, 2011.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention.
Granted
2011-09-01 Submission of motion for leave to intervene, Bi
2011-08-29 Notice of hearing sent to parties
2011-08-29 Notice of appearance, Jason R. Russell and Robert Palser will be present at the hearing. Attorney General of Alberta
2011-08-29 Notice of appearance, Nathaniel Carnegie and Christian Vanderhooft will be present at hearing Attorney General of Manitoba
2011-08-19 Order on motion for leave to intervene, (BY BINNIE J.)
2011-08-19 Decision on the motion for leave to intervene, Bi, UPON APPLICATION by the Criminal Lawyers' Association of Ontario for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Criminal Lawyers' Association of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before September 26, 2011.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by its intervention
Granted
2011-08-19 Submission of motion for leave to intervene, Bi
2011-08-17 Motion for leave to intervene, (AMENDED Notice with extension of time filed Aug. 18/11) (bookform), Completed on: 2011-08-17 Criminal Trial Lawyers' Association
2011-08-12 Order issued on motion for a stay of execution, (BY CROMWELL J.)
2011-08-12 Decision on the motion for a stay of execution, Cro, UPON A MOTION by the respondent for a stay of execution of the trial judgment rendered by the Court of Québec in file 450-01-058378-097;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed
Dismissed
2011-08-12 Submission of motion for a stay of execution, Cro
2011-08-08 Response to the motion for leave to intervene, (Letter Form), from Marie-Eve Mayer dated Aug. 8/11 (joint with response to the stay of execution), Completed on: 2011-08-08 Her Majesty the Queen
2011-08-08 Response to the motion for a stay of execution, (Letter Form), from Marie-Eve Mayer dated Aug. 8/11 (joint with response to the intervention of the CLAO), Completed on: 2011-08-08 Her Majesty the Queen
2011-08-02 Motion for leave to intervene, (bookform), Completed on: 2011-08-02 Criminal Lawyers' Association of Ontario
2011-07-26 Motion for a stay of execution, of the judgment of the Court of Quebec in file 450-01-058378-097(bookform), Completed on: 2011-07-29 Anic St-Onge Lamoureux
2011-07-26 Order on motion to file a lengthy factum, (BY THE REGISTRAR)
2011-07-26 Decision on motion to file a lengthy factum, Reg, UPON APPLICATION by the intervener Barreau du Québec for an order permitting the filing of a factum of 30 pages and permitting oral argument of 30 minutes at the hearing of the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The intervener Barreau du Québec may file a factum not exceeding 20 pages and may present oral argument not exceeding 20 minutes at the hearing of the appeal
Allowed in part
2011-07-26 Submission of motion to file a lengthy factum, Reg
2011-07-22 Appellant's book of authorities, Completed on: 2011-07-22 Her Majesty the Queen
2011-07-22 Appellant's record, Separate table of contents included (25 volumes), Completed on: 2011-07-22 Her Majesty the Queen
2011-07-22 Appellant's factum, Completed on: 2011-07-22 Her Majesty the Queen
2011-07-22 Appeal hearing scheduled, 2011-10-13, (start time 9:00am)
Judgment reserved
2011-07-13 Response to the motion to file a lengthy factum, (Letter Form), from Pierre Landry dated Jul. 13/11, Completed on: 2011-07-13 Her Majesty the Queen
2011-07-13 Correspondence received from, Michel Déom by fax, re.: request for a change in appellant's material filing date (from July 15 to July 22/11) - Original rec'd July 27/11 Her Majesty the Queen
2011-07-05 Correspondence received from, Caroline Etter dated July 5, 2011. Re: Jean-Pierre Hachey from Heenan Blaikie will acting as agent Anic St-Onge Lamoureux
2011-06-30 Motion to file a lengthy factum, of 30 pages and to present 30 minutes of oral arguments at the hearing, Completed on: 2011-06-30 Barreau du Québec
2011-06-29 Correspondence received from, Marco LaBrie dated June 28, 2011. Re: Marco LaBrie is now with LaBrie, Gariépy & Associés Barreau du Québec
2011-06-28 Notice of intervention respecting a constitutional question Attorney General of Manitoba
2011-06-27 Notice of intervention respecting a constitutional question Attorney General of British Columbia
2011-06-27 Notice of intervention respecting a constitutional question, (original rec'd July 29/11) Attorney General of Canada
2011-06-16 Correspondence received from, Caroline Etter dated June 16, 2011. Re: Jean-Pierre Hachey from Heenan Blaikie will be acting as agent Association québécoise des avocats et avocates de la défense
2011-06-15 Notice of intervention respecting a constitutional question Attorney General of Alberta
2011-06-14 Notice of intervention respecting a constitutional question Attorney General of Ontario
2011-06-02 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2011-05-31 Order by, Reg, À LA SUITE D'UNE DEMANDE de l'intervenante Association québécoise des avocats et avocates de la défense;
COMPTE TENU des circonstances exceptionnelles de ce dossier et du fait que la partie intimée ne présente aucune plaidoirie dans cette affaire;
ET COMPTE TENU du consentement des parties;
IL EST ORDONNÉ que l’intervenante Association québécoise des avocats et avocates de la défense est autorisée à déposer un mémoire d’au plus 40 pages et à présenter une plaidoirie orale d'au plus une heure lors de l'audition de l'appel.

Granted
2011-05-31 Notice of constitutional question(s), (served upon AGs May 31/11) Her Majesty the Queen
2011-05-27 Correspondence received from, E. Downs by fax, re.: Respondent's Factum Association québécoise des avocats et avocates de la défense
2011-05-27 Correspondence received from, Noël et Ass. by fax, re.: request for a change in appellant's material filing date Her Majesty the Queen
2011-05-27 Order on motion to state a constitutional question, (BY CHIEF JUSTICE)
2011-05-27 Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellants for an order stating constitutional questions in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS:
1. Do ss. 258(1)(c), 258(1)(d.01) and 258(1)(d.1) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. Do ss. 258(1)(c), 258(1)(d.01) and 258(1)(d.1) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 11(c) of the Canadian Charter of Rights and Freedoms?
4. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
5. Do ss. 258(1)(c), 258(1)(d.01) and 258(1)(d.1) of the Criminal Code, R.S.C. 1985, c. C-46, infringe s. 11(d) of the Canadian Charter of Rights and Freedoms?
6. If so, is the infringement a reasonable limit prescribed by law that can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted
2011-05-27 Submission of motion to state a constitutional question, CJ
2011-05-02 Motion to state a constitutional question, Completed on: 2011-05-02 Her Majesty the Queen
2011-05-02 Notice of appeal, Completed on: 2011-05-02 Her Majesty the Queen
2011-04-01 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2011-04-01 Judgment on leave sent to the parties
2011-03-31 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Quebec, Number 450-01-058378-097, 2010 QCCQ 8552, dated September 15, 2010 is granted. The applicants shall pay the respondent’s costs for the application for leave to appeal and for the appeal as agreed between the parties. This appeal is to be heard on the same day as Samuel Dineley v. Her Majesty the Queen (33640) and the schedule for serving and filing the material and any application for leave to intervene shall be set by the Registrar.
Granted, with costs
2011-02-07 All materials on application for leave submitted to the Judges, CJ Abe Cro
2010-12-15 Correspondence received from, Marco LaBrie dated December 14, 2010. Re:confirming that he represents Barreau du Québec and that he consents to the application for leave to appeal filed by the A. G. of Quebec (by fax) Barreau du Québec
2010-12-15 Correspondence received from, E. Downs dated Dec. 14/10 re: confirming that he represents l'AQAAD and that he consents to the application for leave to appeal filed by the A. G. of Quebec (by fax) Association québécoise des avocats et avocates de la défense
2010-12-08 Letter acknowledging receipt of a complete application for leave to appeal
2010-12-02 Correspondence received from, Patrick Fréchette dated December 2, 2010. Re: Consents to the application Anic St-Onge Lamoureux
2010-11-30 Correspondence received from, Michel Déom dated November 30, 2010. Re: Style of cause Her Majesty the Queen
2010-11-15 Book of authorities, (2 volumes) Her Majesty the Queen
2010-11-15 Application for leave to appeal, Completed on: 2010-11-15 Her Majesty the Queen