Docket

39370

Her Majesty The Queen v. J.D.

(Quebec) (Criminal) (By Leave)

(Publication ban in case) (Publication ban on party)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2022-05-04 Appeal closed
2022-04-22 Written reasons rendered after oral judgment, CJ Mo Ka Côt Br Row Mar Kas Ja
Allowed
2021-11-24 Transcript received, 77 pages

require: hard copy (rec'd 2021-11-30)
2021-11-12 General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-11-19) Her Majesty The Queen
2021-11-12 General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-11-19) J.D.
2021-11-10 Formal judgment sent to the registrar of the court of appeal and all parties
2021-11-10 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-11-10 Judgment reserved OR rendered with reasons to follow
2021-11-10 Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006564-171, 2020 QCCA 1108, dated September 2, 2020, was heard on November 10, 2021, and the Court on that day delivered the following judgment orally:


[TRANSLATION]
THE CHIEF JUSTICE — We are all of the view that the appeal should be allowed, the convictions on counts 1 and 2 concerning C.D. and 9 to 13 concerning S.D. restored, the sentences on counts 1 and 2 and 9 to 13 restored, and J.D. ordered to report to prison authorities in the next 48 hours. Reasons to follow.
Allowed
2021-11-10 Hearing of the appeal, 2021-11-10, CJ Mo Ka Côt Br Row Mar Kas Ja
Judgment rendered
2021-11-08 Certificate (on limitations to public access), 23B - Reply Her Majesty The Queen
2021-11-05 Appellant's condensed book, (Book Form), (Electronic version filed on 2021-11-08) Her Majesty The Queen
2021-11-05 Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-05) J.D.
2021-11-03 Correspondence (sent by the Court) to, Registration link and instructions for upcoming November Zoom hearing
2021-10-20 Certificate (on limitations to public access), (Letter Form), 23B - Motion for Extension of Time, (Printed version due on 2021-10-27) J.D.
2021-10-20 Notice of appearance, (Letter Form), Nicolas Abran et Isabelle Bouchard are appearing and presenting oral argument at the hearing. , (Electronic version filed on 2021-10-20) Her Majesty The Queen
2021-10-20 Notice of appearance, (Letter Form), Martin Binet will appear and present oral argument at the hearing. , (Printed version due on 2021-10-27) J.D.
2021-10-19 Notice of appearance, (Letter Form), James V. Palangio and Nicolas de Montigny will appear at the hearing. Mr. Palangio will present oral argument. , (Printed version due on 2021-10-26) Attorney General of Ontario
2021-10-19 Order on motion to extend time, by DAVID POWER
2021-10-19 Decision on motion to extend time, DeRg, À LA SUITE DE LA DEMANDE présentée par l’intimé en vue d’obtenir la prorogation du délai de signification et de dépôt de son mémoire au 13 septembre 2021, et pour une ordonnance autorisant la permission de présenter une plaidoirie orale lors de l’audition de l’appel, en vertu de la règle 71(3) des Règles de la Cour suprême du Canada;

ET APRÈS EXAMEN des documents déposés;

IL EST ORDONNÉ CE QUI SUIT :

La requête est accueillie.

Granted
2021-10-19 Submission of motion to extend time, DeRg
2021-10-14 Motion to extend time, (Book Form), Missing: Filing Fee
Form 23B (rec' 10/20/21), Incomplete, (Printed version due on 2021-10-21)
J.D.
2021-10-07 Intervener's factum, (Book Form), Completed on: 2021-10-14, (Printed version filed on 2021-10-13) Attorney General of Ontario
2021-09-13 Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2021-09-13) J.D.
2021-09-13 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-09-13) J.D.
2021-09-13 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-09-13) J.D.
2021-09-13 Respondent's factum, (Book Form), Corrected Factum rec'd 2021-09-16

REQUIRED:
- Motion to extend time to serve (rec'd 10/14/21)
- Amended factum (part VI missing) (rec'd 2021/11/05), Completed on: 2021-10-27, (Printed version filed on 2021-09-16)
J.D.
2021-08-26 Order on motion for leave to intervene, by MOLDAVER J.
2021-08-26 Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Attorney General 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 is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before October 7, 2021.

The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The intervener is 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 intervener shall pay to the appellant and the respondent any additional disbursements resulting from their intervention.

Granted
2021-08-26 Submission of motion for leave to intervene, Mo
2021-08-17 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-08-24) Her Majesty The Queen
2021-08-06 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/08/21)
Proof of Service (rec' 08/10/21), Completed on: 2021-09-20, (Printed version filed on 2021-08-12)
Attorney General of Ontario
2021-07-12 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2021-07-12) Her Majesty The Queen
2021-07-12 Certificate (on limitations to public access), (Letter Form), Form 23A ,
included PV - 2016-03-29, (Printed version filed on 2021-07-12)
Her Majesty The Queen
2021-07-12 Appellant's book of authorities, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-07-12) Her Majesty The Queen
2021-07-12 Appellant's record, (Book Form), (8 volumes), Required:
Form 24A (rec' 08/17/21)
Proof of service (rec'd 2021-08-11), Completed on: 2021-08-23, (Printed version filed on 2021-07-12)
Her Majesty The Queen
2021-07-12 Appellant's factum, (Book Form), Require : proof of service (rec'd 2021-08-11), Completed on: 2021-08-12, (Printed version filed on 2021-07-12) Her Majesty The Queen
2021-06-28 Notice of hearing sent to parties
2021-06-28 Appeal hearing scheduled, 2021-11-10
Judgment rendered
2021-05-17 Certificate (on limitations to public access), (Letter Form), Form 23B - Notice of Appeal, (Printed version due on 2021-05-25) Her Majesty The Queen
2021-05-17 Certificate (on limitations to public access), (Letter Form), Form 23A - Notice of Appeal, (Printed version due on 2021-05-25) Her Majesty The Queen
2021-05-17 Notice of appeal, Completed on: 2021-06-24 Her Majesty The Queen
2021-05-06 Correspondence received from, (Letter Form), Me Dominik Robinson, informing the Court he doesn't represent the Appellant in this appeal. J.D.
2021-05-05 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2021-04-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-04-16 Judgment on leave sent to the parties
2021-04-15 Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006564-171, 2020 QCCA 1108, dated September 2, 2020, is granted.
Granted
2021-04-15 Decision on motion to extend time, see decision on application
Granted
2021-03-15 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-03-15 Submission of motion to extend time, for consideration by the Court
2021-01-12 Certificate (on limitations to public access), Form 23B - Response J.D.
2020-12-17 Respondent's response on the application for leave to appeal, (Book Form), Missing: Form 23B . Rec'd 2021-01-12, Completed on: 2021-03-12, (Printed version due on 2020-12-24) J.D.
2020-12-04 Certificate (on limitations to public access), (Letter Form), 23B - Motion - Respondent, (Printed version due on 2020-12-11) J.D.
2020-12-04 Certificate (on limitations to public access), (Letter Form), 23A - Motion - Respondent, (Printed version due on 2020-12-11) J.D.
2020-12-04 Motion to extend time, (Letter Form), Completed on: 2020-12-04, (Printed version due on 2020-12-11) J.D.
2020-11-05 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 11/05/20
2020-10-30 Certificate (on limitations to public access), (Letter Form), 23B Her Majesty The Queen
2020-10-30 Certificate (on limitations to public access), (Letter Form), 23A - Amended Form 23A required - rec' 2020-11-05, (Printed version due on 2020-11-06) Her Majesty The Queen
2020-10-30 Application for leave to appeal, (Book Form), Missing: Amended Form 23A - rec' 2020-11-05

received:
-separate CA Order & indictment (previously rec'd as part of complete application) - rec'd 2021-05-17, Completed on: 2021-03-16, (Printed version due on 2020-11-06)
Her Majesty The Queen