Docket

37994

Her Majesty the Queen v. Rosaire Poulin

(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)
2019-10-15 Appeal closed
2019-10-15 Formal judgment sent to the registrar of the court of appeal and all parties
2019-10-15 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-10-11 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Mar, The appellant’s motion to proceed with the appeal is allowed. Abella, Karakatsanis and Brown JJ. dissent.

The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006465-171, 2018 QCCA 21, dated January 11, 2018, heard on March 25, 2019, is allowed. Abella, Karakatsanis and Brown JJ. dissent.
Allowed
2019-04-05 Transcript received, 113 pages
2019-03-25 Judgment reserved OR rendered with reasons to follow
2019-03-25 Hearing of the appeal, 2019-03-25, CJ Abe Mo Ka Côt Br Mar
Judgment reserved
2019-03-25 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Ontario
2019-03-25 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Association québécoise des avocats et avocates de la défense
2019-03-25 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Rosaire Poulin
2019-03-25 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Her Majesty the Queen
2019-03-19 Notice of appearance, (Letter Form), Gabriel Babineau and Vincent Paquet will appear before the court. Mr. Babineau will present oral arguments.
 Association québécoise des avocats et avocates de la défense
2019-03-19 Notice of appearance, Nicolas Lemyre-Cossette and Lida Sara Nouraie will appear before the court. Mr. Lemyre-Cossette will present oral arguments.
 Rosaire Poulin
2019-03-12 Notice of appearance, (Letter Form), Michael Perlin and Kathleen Farrell will appear before the court. Mr. Perlin will present oral arguments.
 Attorney General of Ontario
2019-03-11 Notice of appearance, (Letter Form), Breana Vandebeek and Marianne Salih will appear before the court. Ms. Vandebeek will present oral arguments.
 Criminal Lawyers' Association
2019-03-11 Intervener's book of authorities, (Book Form), Completed on: 2019-03-11 Criminal Lawyers' Association
2019-03-11 Intervener's factum, (Book Form), Completed on: 2019-03-11 Criminal Lawyers' Association
2019-03-11 Intervener's book of authorities, (Book Form), Completed on: 2019-03-11 Association québécoise des avocats et avocates de la défense
2019-03-11 Intervener's factum, (Book Form), Completed on: 2019-03-11 Association québécoise des avocats et avocates de la défense
2019-03-11 Response to miscellaneous motion, (Letter Form), Completed on: 2019-03-11 Attorney General of Ontario
2019-03-08 Intervener's book of authorities, (Book Form), Completed on: 2019-03-08 Attorney General of Ontario
2019-03-08 Intervener's factum, (Book Form), Completed on: 2019-03-08 Attorney General of Ontario
2019-03-08 Appeal perfected for hearing
2019-03-06 Response to miscellaneous motion, (Book Form), Completed on: 2019-03-06 Rosaire Poulin
2019-03-05 Notice of appearance, (Letter Form), Maxime Hébrard and Sylvie Villeneuve will appear before the court. Maxime Hébrard will present oral arguments.
 Her Majesty the Queen
2019-03-04 Certificate of counsel (attesting to record), (Letter Form), Missing: Proof of Service (rec' 03/04/19) Rosaire Poulin
2019-03-04 Certificate (on limitations to public access), (Letter Form), Missing: Proof of Service (rec' 03/04/19) Rosaire Poulin
2019-03-04 Respondent's record, (Book Form), Missing: Proof of Service (rec' 03/04/19), Electronic Copy (rec' 03/04/19), Completed on: 2019-03-06 Rosaire Poulin
2019-03-04 Respondent's book of authorities, (Book Form), Missing: Proof of Service (rec' 03/04/19), Electronic Copy(rec' 03/04/19), Completed on: 2019-03-06 Rosaire Poulin
2019-03-04 Respondent's factum, (Book Form), Missing: Proof of Service (rec' 03/05/19), Electronic copy (rec' 03/05/19), Completed on: 2019-03-06 Rosaire Poulin
2019-03-01 Notice of miscellaneous motion, (Letter Form), Payment and proof of service missing (both received 2019-03-04)., Completed on: 2019-03-05, (Printed version filed on 2019-03-04) Her Majesty the Queen
2019-02-22 Correspondence received from, Maxime Hébrard by email, re: wishes to continue proceedings Her Majesty the Queen
2019-02-22 Discontinuance of motion to adduce new evidence, (included in the notice of suggestion of death) Rosaire Poulin
2019-02-22 Notice of suggestion of death, filed by counsel for the respondent by email, re: death of the respondent
2019-02-20 Motion to adduce new evidence, (Book Form), Completed on: 2019-02-20 Rosaire Poulin
2019-02-14 Order on motion for leave to intervene, by BROWN J.
2019-02-14 Decision on the motion for leave to intervene, Br,
UPON APPLICATION by the Attorney General of Ontario, the Association québécoise des avocats et avocates de la défense and the Criminal Lawyers’ Association for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before March 11, 2019.
The said three (3) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The interveners are not 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 interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.
Granted
2019-02-14 Submission of motion for leave to intervene, Br
2019-02-06 Correspondence received from, (Letter Form), 8 reserved seats requested. Rosaire Poulin
2019-02-04 Motion for leave to intervene, (Book Form), Payment missing (received 2019-02-06)., Completed on: 2019-02-06 Criminal Lawyers' Association
2019-02-04 Notice of name, (Letter Form) Association québécoise des avocats et avocates de la défense
2019-02-04 Motion for leave to intervene, (Book Form), Completed on: 2019-02-04, (Electronic version filed on 2019-02-08) Association québécoise des avocats et avocates de la défense
2019-01-31 Motion for leave to intervene, (Book Form), Completed on: 2019-01-31, (Printed version filed on 2019-02-01) Attorney General of Ontario
2019-01-14 Certificate (on limitations to public access), (Letter Form), 23A-Record Her Majesty the Queen
2019-01-14 Certificate (on limitations to public access), (Letter Form), 23A-Factum Her Majesty the Queen
2019-01-14 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2019-01-14 Appellant's book of authorities, (Book Form), Completed on: 2019-01-14 Her Majesty the Queen
2019-01-14 Appellant's record, (Book Form), (2 volumes), Completed on: 2019-01-14 Her Majesty the Queen
2019-01-14 Appellant's factum, (Book Form), Completed on: 2019-01-14 Her Majesty the Queen
2018-12-10 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-03-25, The schedule for serving and filing the material is set as follows:

The notice of appeal shall be served and filed on or before November 26, 2018.

The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before January 14, 2019.

Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 4, 2019.

The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 7, 2019.

Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 8, 2019.

Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 11, 2019.

The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before March 4, 2019.
Judgment reserved
2018-11-26 Notice of appeal, (Letter Form), Completed on: 2018-11-26 Her Majesty the Queen
2018-11-13 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-10-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-10-26 Judgment on leave sent to the parties
2018-10-25 Judgment of the Court on the application for leave to appeal,
The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006465-171, 2018 QCCA 21, dated January 11, 2018, is granted. The schedule for serving and filing materials will be set by the Registrar.
Granted
2018-10-18 Notice of change of solicitor, (Letter Form), Ms. Emily K. Moreau will now act as a Supreme Court Correspondent for the applicant (replacing Ms. Sandra Bonanno). Her Majesty the Queen
2018-07-09 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-04-12 Certificate (on limitations to public access), (Letter Form), amended certificate required - Rc'd on 2018/04/26 Rosaire Poulin
2018-04-12 Respondent's response on the application for leave to appeal, (Book Form), proof of service missing-rec'd 2018/04/26, Completed on: 2018-04-26 Rosaire Poulin
2018-03-14 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED ON MARCH 14, 2018.
2018-03-07 Certificate (on limitations to public access), (Letter Form), FORM 23B Her Majesty the Queen
2018-03-07 Certificate (on limitations to public access), (Letter Form), FORM 23A Her Majesty the Queen
2018-03-07 Application for leave to appeal, (Book Form), Completed on: 2018-03-08 Her Majesty the Queen