Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
29520
André Pomerleau v. Her Majesty the Queen
(Quebec) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-11-25 | Close file on Leave | |
| 2005-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-11-14 | Judgment on leave sent to the parties | |
| 2005-11-10 |
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 (Montreal), Number 2005 QCCA 364, 500-10-001754-991, dated April 12, 2005, is dismissed. Dismissed |
|
| 2005-09-26 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2005-07-07 | Respondent's response on the application for leave to appeal, Completed on: 2005-07-07 | Her Majesty the Queen |
| 2005-06-17 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-06-16 | Correspondence received from, Richard Gaudreau dated June 10, 2005. Re: Acting as agent | André Pomerleau |
| 2005-06-10 | Application for leave to appeal, (Vols. 1 and 2) Original A/C judgments missing - Rec'd June 17, 2005, Completed on: 2005-06-17 | André Pomerleau |
| 2005-03-02 | Close file on Leave | |
| 2004-04-13 | Judgment and notice of deposit of judgment sent to all parties (reconsideration) | |
| 2004-04-13 | Judgment on leave sent to the parties | |
| 2004-04-08 |
Decision on the motion for reconsideration of the application for leave to appeal, The motion for reconsideration of the judgment dated August 14, 2003 on application for leave to appeal is dismissed. Dismissed |
|
| 2004-04-08 |
Decision on motion to extend time, CJ Ba De, The motion for an extension of time to file the motion for reconsideration is dismissed. Dismissed |
|
| 2004-04-08 |
Decision on the miscellaneous motion, The motion to remand the case to the Court of original jurisdiction and to order a new trial is dismissed with costs. Dismissed, with costs |
|
| 2004-03-02 | Correspondence received from, B. Mandeville dated Feb. 25/04 re: enclosing services of the responses upon the A.G. of Quebec | Her Majesty the Queen |
| 2004-02-23 | Submission of motion to extend time, CJ Ba De | |
| 2004-02-23 | Submission of miscellaneous motion, CJ Ba De | |
| 2004-02-23 | Submission of motion for reconsideration of the application for leave to appeal to panel, CJ Ba De | |
| 2004-02-20 | Correspondence received from, A. Fauteux dated February 20, 2004 (fax copy) re: will not be filing any response to the misc. motion and motion for reconsideration | Attorney General of Quebec |
| 2004-02-13 | Response to motion for reconsideration of the application for leave to appeal, book form - 6 copies, Completed on: 2004-02-13 | Her Majesty the Queen |
| 2004-02-06 | Motion to extend time, to file the motion for reconsideration (joint), Completed on: 2004-02-06 | André Pomerleau |
| 2004-02-06 | Motion for reconsideration of the application for leave to appeal, (joint with reply to the misc. motion), Completed on: 2004-02-20 | Her Majesty the Queen |
| 2004-02-06 | Reply to miscellaneous motion, (joint with motion for reconsideration) - book form - 6 copies, Completed on: 2004-02-13 | André Pomerleau |
| 2004-01-30 | Response to miscellaneous motion, book form, Completed on: 2004-02-13 | Her Majesty the Queen |
| 2004-01-23 | Notice of miscellaneous motion, (for an order to remand the matter at T.C. and order a new trial) - book form, Completed on: 2004-02-13 | André Pomerleau |
| 2003-08-15 | Judgment on leave sent to the parties | |
| 2003-08-14 |
Judgment of the Court on the application for leave to appeal, CJ Ba De, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-001754-991, dated November 19, 2002, is remanded to the Court of Appeal of Quebec to be reconsidered in accordance with this Court's decision in Alberta v. Devon Gary Ell, et al., 2003 SCC 35. Remand |
|
| 2003-05-20 | All materials on application for leave submitted to the Judges, CJ Ba De | |
| 2003-01-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-01-24 | Applicant's reply to respondent's argument, Completed on: 2003-02-03 | André Pomerleau |
| 2003-01-17 | Respondent's response on the application for leave to appeal, Completed on: 2003-01-17 | Her Majesty the Queen |
| 2003-01-16 | Respondent's response on the application for leave to appeal, Completed on: 2003-01-16 | Attorney General of Quebec |
| 2002-12-18 | Application for leave to appeal, Completed on: 2003-01-28 | André Pomerleau |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Pomerleau, André | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Pomerleau, André
Counsel
Bureau 2830
500, Place d'Armes
Montréal, Quebec
H2Y 2W2
Telephone: (514) 284-2351
FAX: (514) 284-2354
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Her Majesty the Queen
Counsel
Tour est, 9e étage, complexe Guy-Favreau
200, boul. René-Lévesque ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8113
FAX: (514) 496-8121
Email: bernard.mandeville@justice.gc.ca
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
As a result of a search authorized by a justice of the peace, André Pomerleau was found guilty of tax evasion. In 2002, Mr. Pomerleau launched an appeal arguing that the search warrants were vitiated, since they had been issued by a justice of the peace who did not have the minimum guarantees of independence. The appeal was dismissed on November 19, 2002. Mr. Pomerleau applied to the Supreme Court of Canada for leave to appeal against the Court of Appeal’s judgment. In 2003, the Supreme Court asked the Court of Appeal to review its decision in light of Ell v. Alberta, [2003] 1 S.C.R. 857, which deals with minimum guarantees required of justices of the peace. Back before the Court of Appeal, Mr. Pomerleau also asked that the Court of Appeal review its decision in light of R. v. Jarvis, [2002] 3 S.C.R. 757, which the Court of Appeal refused to do. The Court of Appeal found that the search warrants issued in 1993 were illegal. The parties were reconvened to discuss the impact of the illegality of the warrants. In the Court of Appeal’s view, in spite of this violation, the use of evidence obtained as a result of the warrants did not bring the administration of justice into disrepute. The Court of Appeal also held that s. 24(1) did not apply in this case owing to the specific remedy under s. 24(2).
Lower court rulings
Court of Quebec
500-72-000964-963
Demandeur déclaré coupable d'avoir volontairement éludé l'application de la Loi de l'impôt sur le Revenu, L.R.C. 1985, ch.1 (5e suppl.)
Court of Appeal of Quebec (Montréal)
500-10-001754-991
Appel rejeté
Court of Appeal of Quebec (Montréal)
Requête du demandeur afin de réexaminer l'arrêt du 19 novembre 2002 à la lumière de l'arrêt R. c. Jarvis, [2002] 3 R.C.S. 757, rejetée
Court of Appeal of Quebec (Montréal)
2005 QCCA 364, 500-10-001754-991
Appel rejeté
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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