Docket

40093

Attorney General of Quebec, et al. v. H. V.

(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.

Proceedings
Date Proceeding Filed By
(if applicable)
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 (Montréal), Number 500-10-007541-210, 2022 QCCA 16, dated January 12, 2022, heard on February 16, 2023, is dismissed. The mandatory minimum sentence in s. 172.1(2)(b) 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.
Dismissed
2023-02-27 Transcript received, 146 pages
2023-02-20 General proceeding, Case sensitivity questionnaire
Attorney General of Quebec
2023-02-17 General proceeding, Case sensitivity Questionnaire H. V.
2023-02-16 General proceeding, Case sensitivity Questionnaire His Majesty The King
2023-02-16 Judgment reserved OR rendered with reasons to follow
2023-02-16 Hearing of the appeal, 2023-02-16, Ka Côt Row Mar Kas Ja Ob
Judgment reserved
2023-02-14 Certificate (on limitations to public access), 23B - condensed book H. V.
2023-02-14 Intervener's condensed book, (Book Form), (Printed version due on 2023-02-21) Attorney General of Saskatchewan
2023-02-14 Respondent's condensed book, (Book Form), (Printed version due on 2023-02-21) H. V.
2023-02-13 Certificate (on limitations to public access), 23B - Condensed book Attorney General of Quebec
2023-02-13 Appellant's condensed book, (Book Form), (Printed version filed on 2023-02-13) Attorney General of Quebec
2023-02-13 Intervener's condensed book, (Book Form), (Printed version due on 2023-02-20) Attorney General of Ontario
2023-02-02 Intervener's factum, (Book Form), Required:
- Proof of service, Completed on: 2023-02-09, (Printed version filed on 2023-02-06)
Attorney General of Ontario
2023-02-02 Intervener's factum, (Book Form), Joint factum with file 39935

required:
proof of service, Incomplete, (Printed version due on 2023-02-09)
Independent Criminal Defense Advocacy Society
2023-02-02 Intervener's book of authorities, (Book Form), Completed on: 2023-02-03, (Printed version filed on 2023-02-03) Director of Public Prosecutions
2023-02-02 Intervener's factum, (Book Form), Completed on: 2023-02-03, (Printed version filed on 2023-02-03) Director of Public Prosecutions
2023-02-01 Intervener's factum, (Book Form), Completed on: 2023-02-02, (Printed version filed on 2023-02-01) Attorney General of Alberta
2023-01-31 Intervener's book of authorities, (Book Form), Completed on: 2023-02-02, (Printed version filed on 2023-02-01) Association des avocats de la défense de Montréal
2023-01-31 Intervener's factum, (Book Form), Completed on: 2023-02-02, (Printed version filed on 2023-02-01) Association des avocats de la défense de Montréal
2023-01-31 Notice of appearance, Me Maxime Seyer-Cloutier, Me Alexandre Duval, Me Sylvain Leboeuf and Me Julie Dassylva will appear before the Court. Me Maxime Seyer-Cloutier and Me Alexandre Duval will present oral argument. Attorney General of Quebec
2023-01-27 Notice of appearance, Me Vincent R. Paquet and Me Tristan Desjardins will appear before the Court. Me Vincent R. Paquet will present oral argument. H. V.
2023-01-26 Notice of appearance, Me Fernando Bellton, Me Walid Hijazi and Me Réginal Victorin will appear before the Court. Me Réginal Victorin will present oral argument. Association des avocats de la défense de Montréal
2023-01-25 Notice of appearance, Caroline Senini will appear before the Court and will present oral argument.
Independent Criminal Defense Advocacy Society
2023-01-25 Notice of appearance, Jennifer Trehearne and Vallery Bayly will appear before the Court. Jennifer Trehearne will present oral argument. Attorney General of Ontario
2023-01-25 Notice of appearance, Éric Bernier and Lina Thériault will appear before the Court and will present oral argument. His Majesty The King
2023-01-24 Notice of appearance, Andrew Barg will appear before the Court and will present oral argument. Attorney General of Alberta
2023-01-23 Certificate (on limitations to public access), 23B - Factum/Authorities H. V.
2023-01-23 Respondent's book of authorities, (Book Form), Completed on: 2023-01-25, (Printed version filed on 2023-01-24) H. V.
2023-01-23 Respondent's factum, (Book Form), Completed on: 2023-01-25, (Printed version filed on 2023-01-24) H. V.
2023-01-23 Notice of appearance, Julie Laborde and François Lacasse will appear before the Court. Julie Laborde will present oral argument. Director of Public Prosecutions
2023-01-20 Correspondence received from, Notice of Agent representing two opposing parties Attorney General of Quebec
2023-01-19 Notice of appearance, Grace Hession David and Katherine Roy will appear before the Court. Grace Hession David will present oral argument. Attorney General of Saskatchewan
2022-12-28 Order on motion for leave to intervene, by KARAKATSANIS J.
2022-12-28 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Association des avocats de la défense de Montréal; and the Independent Criminal Defense Advocacy Society 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 February 2, 2023.

The intervener, Independent Criminal Defense Advocacy Society, may serve and file a single factum for both this appeal and the one in the matter of His Majesty the King, et al. v. Maxime Bertrand Marchand (39935).

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 a single factum not to exceed twenty (20) pages in length and a book of authorities, if any, on or before February 2, 2023.

In addition, they are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

Granted
2022-12-22 Submission of motion for leave to intervene, Ka
2022-12-08 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-12, (Printed version due on 2022-12-15) Attorney General of Quebec
2022-12-08 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-12-12, (Printed version due on 2022-12-15) H. V.
2022-12-06 Notice of name, (Letter Form), (Printed version filed on 2022-12-07) Association des avocats de la défense de Montréal
2022-12-02 Notice of name, (Letter Form), Missing: Proof of Service (rec' 12/05/22), (Printed version due on 2022-12-09) Independent Criminal Defense Advocacy Society
2022-12-02 Motion for leave to intervene, (Book Form), Missing: Filing Fee
Proof of Service (rec' 12/05/22), Incomplete, (Printed version due on 2022-12-09)
Independent Criminal Defense Advocacy Society
2022-12-02 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 12/07/22)
Notice of Name-Form 14 (rec' 12/06/22), Proof of Service (rec' 12/07/22), Completed on: 2022-12-21, (Printed version filed on 2022-12-07)
Association des avocats de la défense de Montréal
2022-11-14 Appellant's factum, (Book Form), Completed on: 2022-11-14, (Printed version filed on 2022-11-14) Attorney General of Quebec
2022-11-14 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-11-14) Attorney General of Quebec
2022-11-14 Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2022-11-14) Attorney General of Quebec
2022-11-14 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-11-14) Attorney General of Quebec
2022-11-14 Appellant's record, (Book Form), (2 volumes), Completed on: 2022-11-14, (Printed version filed on 2022-11-14) Attorney General of Quebec
2022-11-14 Intervener's factum, (Book Form), Completed on: 2022-12-07, (Printed version due on 2022-11-21) Attorney General of Saskatchewan
2022-11-01 Notice of hearing sent to parties, (by email)
The schedule for serving and filing the material is set as follows:

a) The appellants’ records, factums and books of authorities, if any, shall be served and filed on or before November 14, 2022.

b) 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 December 4, 2022.

c) The appellants and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before December 15, 2022.

d) Replies to any responses to the motions for leave to intervene shall be served and filed on or before December 19, 2022.

e) 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 February 2, 2023.

f) Any intervener referred to in subparagraph 22(3)(c)(iii) of the Rules of the Supreme Court of Canada shall serve and file its respective factum, if any, and book of authorities, if any, on or before February 2, 2023.

g) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before January 23, 2023.

h) The appeal is scheduled to be heard on February 16, 2023.
2022-11-01 Appeal hearing scheduled, 2023-02-16
Judgment reserved
2022-10-17 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-10-18, (Printed version due on 2022-10-24) Attorney General of Alberta
2022-10-17 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-10-18, (Printed version due on 2022-10-24) Attorney General of Ontario
2022-10-17 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2022-10-17 Notice of intervention respecting a constitutional question, Completed on: 2022-10-17 Attorney General of Saskatchewan
2022-09-20 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-09-21, (Printed version filed on 2022-12-14) Director of Public Prosecutions
2022-09-19 Notice of constitutional question(s), Completed on: 2022-09-26 Attorney General of Quebec
2022-09-19 Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-09-26) Attorney General of Quebec
2022-09-19 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-09-26) Attorney General of Quebec
2022-09-19 Notice of appeal, (Letter Form), Completed on: 2022-09-23, (Printed version due on 2022-09-26) Attorney General of Quebec
2022-08-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2022-08-18 Judgment on leave sent to the parties
2022-08-18 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 500-10-007541-210, 2022 QCCA 16, dated January 12, 2022, is granted.
Granted
2022-07-11 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-05-19 Certificate (on limitations to public access), (Letter Form), 23B

require: amended 23B (rec'd 2022-09-09), (Printed version due on 2022-05-27)
H. V.
2022-05-19 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-05-27) H. V.
2022-05-19 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-06-09, (Printed version filed on 2022-05-20) H. V.
2022-04-22 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-04-22
2022-03-14 Notice of name, (Letter Form), (Printed version filed on 2022-03-15) His Majesty The King
2022-03-14 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2022-03-15) His Majesty The King
2022-03-14 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-03-15) His Majesty The King
2022-03-14 Notice of name, (Letter Form), (Printed version filed on 2022-03-15) Attorney General of Quebec
2022-03-14 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2022-03-15) Attorney General of Quebec
2022-03-14 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-03-15) Attorney General of Quebec
2022-03-14 Application for leave to appeal, (Book Form), Completed on: 2022-04-22, (Printed version filed on 2022-03-15) Attorney General of Quebec