Docket
39935
His Majesty The King, et al. v. Maxime Bertrand Marchand
(Quebec) (Criminal) (By Leave)
(Publication ban in case)
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-11-17 | Appeal closed | |
| 2023-11-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-11-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-11-03 | Judgment on the appeal rendered, Ka Côt Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003751-208, 2021 QCCA 1285, dated August 24, 2021, heard on February 15, 2023, is allowed in part. The respondent’s sentence for luring is increased to 12 months’ incarceration, to be served consecutively to his sentence for sexual interference. A permanent stay of execution of the modified sentence is ordered. The mandatory minimum sentence in s. 172.1(2)(a) of the Criminal Code, R.S.C. 1985, c. C-46, is inconsistent with s. 12 of the Canadian Charter of Rights and Freedoms, is not saved by s. 1, and is of no force or effect under s. 52 of the Constitution Act, 1982. Côté J. dissents in part. Allowed in part |
|
| 2023-02-17 | General proceeding, Case Sensitivity Questionnaire | Attorney General of Quebec |
| 2023-02-16 | General proceeding, Case Sensitivity Questionnaire | His Majesty The King |
| 2023-02-15 | Transcript received, 149 pages | |
| 2023-02-15 | General proceeding, Case Sensitivity Questionnaire | Maxime Bertrand Marchand |
| 2023-02-15 | Judgment reserved OR rendered with reasons to follow | |
| 2023-02-15 | Hearing of the appeal, 2023-02-15, Ka Côt Row Mar Kas Ja Ob Judgment reserved |
|
| 2023-02-14 | Intervener's condensed book, (Book Form) | Attorney General of Saskatchewan |
| 2023-02-14 | Respondent's condensed book, (Book Form) | Maxime Bertrand Marchand |
| 2023-02-14 | Intervener's condensed book, (Book Form) | Attorney General of Alberta |
| 2023-02-13 | Appellant's condensed book, (Book Form), (Printed version filed on 2023-02-14) | Attorney General of Quebec |
| 2023-02-13 | Intervener's condensed book, (Book Form), (Printed version due on 2023-02-20) | Attorney General of Ontario |
| 2023-02-13 | Appellant's condensed book, (Book Form), (Electronic version filed on 2023-02-13) | His Majesty The King |
| 2023-02-03 | Intervener's factum, (Book Form), Completed on: 2023-02-03, (Printed version filed on 2023-02-03) | Independent Criminal Defence Advocacy Society |
| 2023-01-25 | Notice of appearance, (Letter Form), Eric V. Gottardi, K.C. and Caroline Senini will appear before the Court and Mr. Gottardi will present oral argument. |
Independent Criminal Defence Advocacy Society |
| 2023-01-25 | Notice of appearance, (Letter Form), Grace Hession David will appear before the Court and will present oral argument. |
Attorney General of Saskatchewan |
| 2023-01-25 | Notice of appearance, (Letter Form), Jennifer Trehearne and Vallery Bayly will appear before the Court and Vallery Bayly will present oral argument. |
Attorney General of Ontario |
| 2023-01-25 | Notice of appearance, (Letter Form), Me Hugo Caissy will appear before the Court and will present oral argument. |
Association québécoise des avocats et avocates de la défense |
| 2023-01-25 | Notice of appearance, (Letter Form), Mes Lina Thériault, Nicolas Abran et Joanny Houde St-Pierre will appear before the Court and only Mes Thériault & Abran will present oral argument. In person |
His Majesty The King |
| 2023-01-24 | Notice of appearance, (Letter Form), Neha Chugh will appear before the Court and will present oral argument. |
Barbra Schlifer Commemorative Clinic |
| 2023-01-24 | Notice of appearance, (Letter Form), Me Christine Renaud, Me Louis-Nicholas Coupal-Schmidt and Me Victor Chauvelot will appear before the Court and Me Christine Renaud will present oral argument. |
Nunavik Civil Liberties Association |
| 2023-01-24 | Notice of appearance, (Letter Form), Andrew Barg will appear before the Court and will present oral argument. |
Attorney General of Alberta |
| 2023-01-24 | Intervener's factum, (Book Form), Completed on: 2023-02-01, (Printed version filed on 2023-02-08) | Barbra Schlifer Commemorative Clinic |
| 2023-01-23 | Notice of appearance, (Letter Form), Julie Laborde et François Lacasse will appear before the Court and Julie Laborde will present oral argument. |
Director of Public Prosecutions |
| 2023-01-23 | Notice of appearance, (Letter Form), Me Samuel Bérubé de Deus will appear before the Court Via Zoom and will present oral argument. |
Maxime Bertrand Marchand |
| 2023-01-20 | Notice of appearance, (Letter Form), Me Alexandre Duval, Me Sylvain Leboeuf, Me Julie Dassylva & Me Michel Déom will appear before the Court Me Duval and Me Déom will appear in person, Me Duval will present oral argument. | Attorney General of Quebec |
| 2022-12-28 | Order on motion to extend time, by KARAKATSANIS J. | |
| 2022-12-28 | Order on motion for leave to intervene, by KARAKATSANIS J. | |
| 2022-12-28 | Decision on motion to extend time, See judgment on the motion for leave to intervene dated December 28, 2022., Ka | |
| 2022-12-28 | Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Independent Criminal Defence Advocacy Society for an order extending the time to serve and file their motion 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 is granted. The motion for leave to intervene is granted and the intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length and a book of authorities, if any, on or before February 2, 2023, for both this appeal and the one in the matter of Attorney General of Quebec, et al. v. H.V. (40093). The 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 appellants and the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2022-12-22 | Submission of motion to extend time, Ka | |
| 2022-12-22 | Submission of motion for leave to intervene, Ka | |
| 2022-12-07 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-08 | His Majesty The King |
| 2022-12-02 | Notice of name | Independent Criminal Defence Advocacy Society |
| 2022-12-02 | Motion to extend time, (Book Form), (Included in the motion for leave to intervene), to serve and file a motion for leave to intervene, Completed on: 2022-12-05 | Independent Criminal Defence Advocacy Society |
| 2022-12-02 | Motion for leave to intervene, (Book Form), MISSING: Filing Fee, Incomplete |
Independent Criminal Defence Advocacy Society |
| 2022-12-01 | Order on motion for leave to intervene, by Justice Karakatsanis | |
| 2022-12-01 | Order on motion to extend time, by Justice Karakatsanis (joint with order on intervention) | |
| 2022-12-01 | Decision on the motion for leave to intervene, Ka, UPON APPLICATION by the Barbara Schlifer Commemorative Clinic for an order extending the time to serve and file their motion 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 is granted. The motion for leave to intervene is granted and the intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before January 24, 2023. The 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 appellants and the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2022-12-01 | Decision on motion to extend time, Ka Granted |
|
| 2022-12-01 | Submission of motion for leave to intervene, Ka | |
| 2022-12-01 | Submission of motion to extend time, Ka | |
| 2022-11-21 | Intervener's factum, (Book Form), Completed on: 2022-12-09, (Printed version filed on 2022-11-21) | Association québécoise des avocats et avocates de la défense |
| 2022-11-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-11-22 | His Majesty The King |
| 2022-11-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-11-22 | Maxime Bertrand Marchand |
| 2022-11-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-11-22 | Attorney General of Quebec |
| 2022-11-16 | Intervener's factum, (Book Form), Completed on: 2022-12-09, (Printed version filed on 2022-11-17) | Nunavik Civil Liberties Association |
| 2022-11-14 | Intervener's factum, (Book Form), Completed on: 2022-12-07, (Printed version due on 2022-11-21) | Attorney General of Ontario |
| 2022-11-14 | Intervener's book of authorities, (Book Form), Completed on: 2022-11-14, (Printed version filed on 2022-11-14) | Director of Public Prosecutions |
| 2022-11-14 | Intervener's factum, (Book Form), Completed on: 2022-12-07, (Printed version filed on 2022-11-14) | Director of Public Prosecutions |
| 2022-11-14 | Intervener's factum, (Book Form), Completed on: 2022-12-07, (Printed version due on 2022-11-21) | Attorney General of Saskatchewan |
| 2022-11-14 | Response to motion to extend time, Completed on: 2022-11-15 | Nunavik Civil Liberties Association |
| 2022-11-14 | Motion for leave to intervene, (Book Form), Completed on: 2022-12-01, (Printed version filed on 2022-12-09) | Barbra Schlifer Commemorative Clinic |
| 2022-11-10 | Intervener's factum, (Book Form), Completed on: 2022-11-21, (Printed version filed on 2022-11-14) | Attorney General of Alberta |
| 2022-11-08 | Response to motion to extend time, Completed on: 2022-11-15 | Attorney General of Quebec |
| 2022-11-08 | Response to motion to extend time, Completed on: 2022-11-15 | Maxime Bertrand Marchand |
| 2022-11-08 | Response to motion to extend time, Completed on: 2022-11-15 | Director of Public Prosecutions |
| 2022-11-07 | Response to motion to extend time, Completed on: 2022-11-15 | His Majesty The King |
| 2022-11-07 | Motion to extend time, (Book Form), to serve and file a motion for leave to intervene , Completed on: 2022-12-01, (Printed version due on 2022-11-15) |
Barbra Schlifer Commemorative Clinic |
| 2022-11-01 | Notice of hearing sent to parties, (by email) | |
| 2022-11-01 | Appeal hearing scheduled, 2023-02-15 Judgment reserved |
|
| 2022-10-27 | Respondent's book of authorities, (Book Form), (7 volumes), Completed on: 2022-10-27, (Printed version filed on 2022-11-25) | Maxime Bertrand Marchand |
| 2022-10-25 | Order on motion to extend time, by the Registrar (sent to parties electronically) | |
| 2022-10-25 | Decision on motion to extend time, Reg, UPON APPLICATION by the respondent for an order extending the time to serve and file his book of authorities to October 20, 2022; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2022-10-25 | Submission of motion to extend time, Reg | |
| 2022-10-17 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2022-10-11 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-10-25) | Maxime Bertrand Marchand |
| 2022-10-11 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-25) | Maxime Bertrand Marchand |
| 2022-10-11 | Respondent's factum, (Book Form), Completed on: 2022-10-25, (Printed version filed on 2022-10-25) | Maxime Bertrand Marchand |
| 2022-10-11 | Motion to extend time, (Letter Form), to serve and file the book of authorities MISSING: Filing Fee, Incomplete, (Printed version filed on 2022-10-25) |
Maxime Bertrand Marchand |
| 2022-10-07 | Order on motion for leave to intervene, by Justice Karakatsanis | |
| 2022-10-07 | Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Nunavik Civil Liberties Association; and the Association québécoise des avocats et avocates de la défense 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 two (2) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and a book of authorities, if any, on or before November 18, 2022. The two (2) 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 appellants and the respondent any additional disbursements resulting from their interventions. AND IT IS HEREBY FURTHER ORDERED THAT: The Director of Public Prosecutions, the Attorney General of Ontario, the Attorney General of Saskatchewan, and the Attorney General of Alberta shall each serve and file their factum not to exceed twenty (20) pages in length and book of authorities, if any, on or before November 14, 2022. They are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2022-10-07 | Submission of motion for leave to intervene, (2 motions), Ka | |
| 2022-09-23 | Response to the motion for leave to intervene, (Letter Form), Missing: Proof of Service (rec' 10/03/22), Completed on: 2022-10-04, (Printed version due on 2022-10-03) | Attorney General of Quebec |
| 2022-09-16 | Notice of name, (Letter Form), Missing: Proof of Service (rec' 09/22/22), (Printed version filed on 2022-09-20) | Association québécoise des avocats et avocates de la défense |
| 2022-09-16 | Motion for leave to intervene, (Book Form), Missing: Proof of Service (rec' 09/22/22) Filing Fee (rec' 09/20/22), Completed on: 2022-09-22, (Printed version filed on 2022-09-20) |
Association québécoise des avocats et avocates de la défense |
| 2022-09-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-09-16) | Nunavik Civil Liberties Association |
| 2022-09-15 | Notice of name, (Letter Form), (Printed version filed on 2022-09-16) | Nunavik Civil Liberties Association |
| 2022-09-15 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec'd 2022-09-27), Completed on: 2022-10-05, (Printed version filed on 2022-09-16) | Nunavik Civil Liberties Association |
| 2022-08-19 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-08-19) | His Majesty The King |
| 2022-08-19 | Certificate (on limitations to public access), (Letter Form), 23B-Appellant's material, (Printed version filed on 2022-08-19) | His Majesty The King |
| 2022-08-19 | Appellant's book of authorities, (Book Form), Completed on: 2022-08-30, (Printed version filed on 2022-08-19) | His Majesty The King |
| 2022-08-19 | Appellant's record, (Book Form), (4 volumes), electronic redacted copies filed 08/19/2022 (paper copies missing-rec'd 09/01/2022), Completed on: 2022-08-30, (Printed version filed on 2022-08-19) | His Majesty The King |
| 2022-08-19 | Appellant's factum, (Book Form), Completed on: 2022-08-30, (Printed version filed on 2022-08-19) | His Majesty The King |
| 2022-08-16 | Notice of change of counsel, (Letter Form), (Printed version filed on 2022-10-05) | Maxime Bertrand Marchand |
| 2022-07-25 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-25, (Printed version filed on 2022-07-26) | Attorney General of Saskatchewan |
| 2022-07-25 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-25, (Printed version filed on 2022-07-26) | Attorney General of Alberta |
| 2022-07-19 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-19, (Printed version filed on 2022-12-14) | Director of Public Prosecutions |
| 2022-07-11 | Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-12, (Printed version filed on 2022-08-04) | Attorney General of Ontario |
| 2022-06-27 | Certificate (on limitations to public access), (Letter Form), 23B - Notice of Appeal, Notice of CQ require: -amended 23B (rec'd 2022-07-12), (Printed version due on 2022-07-05) |
His Majesty The King |
| 2022-06-27 | Certificate (on limitations to public access), (Letter Form), 23A - Notice of Appeal, Notice of CQ, (Printed version filed on 2022-06-28) | His Majesty The King |
| 2022-06-27 | Notice of constitutional question(s), (Letter Form), Completed on: 2022-07-11, (Printed version due on 2022-07-05) | Attorney General of Quebec |
| 2022-06-27 | Notice of appeal, (Letter Form), require: -amended 23B (rec'd 2022-07-12), Completed on: 2022-07-20, (Printed version due on 2022-07-05) |
His Majesty The King |
| 2022-05-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-05-26 | Judgment on leave sent to the parties | |
| 2022-05-26 | 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 (Québec), Number 200-10-003751-208, 2021 QCCA 1285, dated August 24, 2021, is granted. Granted |
|
| 2022-05-26 | Decision on motion to extend time, See decision on application. Granted |
|
| 2022-04-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-04-19 | Submission of motion to extend time, for consideration by the Court | |
| 2022-02-10 | Applicant's reply to respondent's argument, (Letter Form), (will not be filing a reply), Completed on: 2022-02-11 | Attorney General of Quebec |
| 2022-02-10 | Applicant's reply to respondent's argument, (Letter Form), (Will not be filing a reply), Completed on: 2022-02-11 | His Majesty The King |
| 2022-02-07 | Motion to extend time, (Book Form), (Included in the respondent's response on the application for leave to appeal), Completed on: 2022-03-25, (Printed version due on 2022-02-14) | Maxime Bertrand Marchand |
| 2022-02-07 | Certificate (on limitations to public access), 23A and 23B | Maxime Bertrand Marchand |
| 2022-02-07 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-02-11 | Maxime Bertrand Marchand |
| 2021-12-16 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-12-16 | |
| 2021-10-25 | Certificate (on limitations to public access), (Letter Form), 23B_Amend01 rec'd on 15-12-2021 23B, (Electronic version filed on 2021-12-10) |
His Majesty The King |
| 2021-10-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Electronic version filed on 2021-12-10) | His Majesty The King |
| 2021-10-25 | Notice of name, (Letter Form), (Electronic version filed on 2021-12-10) | His Majesty The King |
| 2021-10-25 | Application for leave to appeal, (Book Form), Completed on: 2021-10-25, (Electronic version filed on 2021-12-10) | His Majesty The King |
- Date modified: