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.
29833
Pierre Rémillard v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right / By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2004-08-05 | Record returned to the Registrar of the Court of Appeal | |
| 2004-07-27 | Appeal closed | |
| 2004-06-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-06-18 |
Judgment on the appeal rendered, CJ Ba Bi LeB De, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-002257-010, dated June 3, 2003, was heard this day and the following judgment was rendered: [translation] The Chief Justice (orally) – We are all of the opinion that the appeal should be dismissed. The way the trial judge worded his reason for concluding that the appellant's statement was inadmissible shows that he confused the evidentiary rule relating to the admissibility of free and voluntary statements with the test for exclusion under s. 24(2) of the Canadian Charter of Rights and Freedoms. In so doing, he made an error in law that justifies the intervention of the Court of Appeal. The judgment of the Court of Appeal ordering a new trial is upheld. Dismissed |
|
| 2004-06-18 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2004-06-18 |
Hearing of the appeal, 2004-06-18, CJ Ba Bi LeB De Judgment rendered |
|
| 2004-06-18 | Supplemental document, 2 judgments submitted in reference to proceedings. | Her Majesty the Queen |
| 2004-06-18 | Supplemental document, Authorities | Her Majesty the Queen |
| 2004-06-07 | Notice of appearance, Carole Lebeuf and Mario Longpré will be present at hearing. | Her Majesty the Queen |
| 2004-05-31 | Notice of appearance, Patrick Cozannet will be present at hearing. | Pierre Rémillard |
| 2004-05-14 | Appeal perfected for hearing | |
| 2004-05-12 | Respondent's book of authorities, Completed on: 2004-05-12 | Her Majesty the Queen |
| 2004-05-12 | Respondent's factum, Completed on: 2004-05-12 | Her Majesty the Queen |
| 2004-04-01 | Notice of hearing sent to parties | |
| 2004-03-31 |
Appeal hearing scheduled, 2004-06-18, (previously Dec. 12 - dec. 9/03 - May 12/04) Judgment rendered |
|
| 2004-03-19 | Appellant's book of authorities, Completed on: 2004-03-19 | Pierre Rémillard |
| 2004-03-19 | Appellant's factum, Completed on: 2004-03-19 | Pierre Rémillard |
| 2004-02-27 | Correspondence received from, from Patrick Cozannet re: confirmed that he will file his factum on or before March 26/04. | Pierre Rémillard |
| 2004-02-23 | Notice of appeal, re: leave granted 02/19/03, Completed on: 2004-02-23 | Pierre Rémillard |
| 2004-02-20 | Judgment on leave sent to the parties | |
| 2004-02-19 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-002257-010, dated June 3, 2003, are granted. Granted |
|
| 2004-02-19 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2004-02-05 |
Correspondence received from, Patrick Cozannet dated 02/05/04 re: will be out of the country from 04/01/04 to 04/28/04 |
Pierre Rémillard |
| 2004-01-12 | Submission of motion to extend time to file and/ or serve the leave application, Ba LeB De | |
| 2004-01-12 | Submission of miscellaneous motion, Ba LeB De | |
| 2004-01-12 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2003-12-22 | Applicant's reply to respondent's argument, (Letter Form), from P. Cozannet dated Dec. 21, 2003 (fax copy) re: will not be filing a reply, Completed on: 2003-12-22 | Pierre Rémillard |
| 2003-12-18 | Response to miscellaneous motion, (joint response), Completed on: 2003-12-18 | Her Majesty the Queen |
| 2003-12-18 | Respondent's response on the application for leave to appeal, (joint response), Completed on: 2003-12-18 | Her Majesty the Queen |
| 2003-11-21 | Motion to extend the time to file and or serve the application for leave to appeal, (included in leave application), Completed on: 2003-11-21 | Pierre Rémillard |
| 2003-11-21 | Appellant's record, vol. 1 to 4 (24 copies of vol. 1 and 12 copies of vol. 2-3-4), Completed on: 2003-11-25 | Pierre Rémillard |
| 2003-11-21 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2003-11-21 | Notice of miscellaneous motion, for ext. of time and to expedite leave application (incl. in leave application), Completed on: 2003-11-25 | Pierre Rémillard |
| 2003-11-21 | Application for leave to appeal, Completed on: 2003-11-25 | Pierre Rémillard |
| 2003-10-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2003-10-06 |
Decision on the motion to quash the appeal, CJ Ia Ma Ba Bi, The motion to quash the appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-002257-010, dated June 3, 2003, was heard on October 6, 2003 and the following judgment was rendered: BASTARACHE J. (orally) – We are all of the view that there is a dissent on a question of law that authorizes an appeal as of right. This question involves the characterization of the trial judge's error. It is not necessary to consider the decision on the merits to decide on the nature of the dissent. This question could not be considered without having been the subject of a favourable decision on a leave application. The motion is dismissed. Dismissed |
|
| 2003-10-06 |
Hearing of the motion to quash, 2003-10-06, CJ Ia Ma Ba Bi Decision rendered |
|
| 2003-10-06 | Supplemental document, Supplemental Authority (1page) | Her Majesty the Queen |
| 2003-09-19 | Correspondence received from, C. Lebeuf dated Sept. 16, 2003 re: enclosing extracts of pleadings in first instance (book form)(sent to the judges on Sept. 23, 2003) | Her Majesty the Queen |
| 2003-09-09 |
Submission of motion to quash, 2003-10-06, CJ Ia Ma Ba Bi Decision rendered |
|
| 2003-09-02 | Notice of appearance, of the Appellant dated Sept. 2/03 | Pierre Rémillard |
| 2003-08-29 | General proceeding, copies of the Quebec Court Judgment (decision on voir-dire) dated 11/16/2001 | Her Majesty the Queen |
| 2003-08-29 | Notice of hearing sent to parties | |
| 2003-08-13 | Correspondence received from, Richard Gaudreau dated 08/11/03 re: acts as Ottawa Agent | Pierre Rémillard |
| 2003-08-07 | Response to the motion to quash, Completed on: 2003-08-11 | Pierre Rémillard |
| 2003-07-16 | Book of authorities, 14 copies, Completed on: 2003-09-11 | Her Majesty the Queen |
| 2003-07-16 | Motion to quash, Completed on: 2003-08-01 | Her Majesty the Queen |
| 2003-07-08 | Appeal court record, (1 box - joint with Trial Court record) | |
| 2003-06-26 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2003-06-23 | Notice of appeal, Applicant's Certificate and C.A. Order included with Notice of Appeal, Completed on: 2003-07-02 | Pierre Rémillard |
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 |
|---|---|---|
| Rémillard, Pierre | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Rémillard, Pierre
Counsel
St-Lambert, Quebec
J4P 1N2
Telephone: (450) 923-0950
FAX: (450) 923-0791
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
4.100 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
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.
The Appellant and his wife were designated by the Youth Protection authorities as the foster family of a four-year-old girl. On January 7, 2000, a detective-sergeant called the Appellant to let him know that he was being investigated for a complaint of sexual assault and to suggest him to contact a lawyer before they met.
On January 12, 2000, the Appellant met with the investigator at the police station. At the outset, before the interview started, the investigator advised the Appellant of his rights to remain silent and to get the services of a lawyer. Following the interview, the Appellant was arrested for sexual assault and then informed again of his constitutional rights. After his arrest, the Appellant gave two statements: the first one by writing and the second one video recorded.
The Appellant was tried for sexual interference on a person under fourteen years of age (section 151 of the Criminal Code) and of sexual assault (section 271(1)(a) of the Criminal Code). The Respondent sought to introduce as evidence the Appellant's statements. A voir-dire was held. The Appellant testified during the voir-dire that he had, before his arrest, indicated to the investigator that he wanted to leave but that the investigator wanted to "chat". From this, Garneau J.of the Court of Quebec concluded that the Appellant's statements were not voluntary and thus not admissible, since the Appellant had been detained without being told again his constitutional rights.
On November 23, 2001, the Appellant was acquitted. The Respondent Crown appealed the trial decision as to the inadmissible character of the Appellant's statements. On June 3, 2003, the Court of Appeal, Letarte J.A. dissenting, allowed the appeal and ordered a new trial.
Lower court rulings
Court of Quebec
500-01-001479-002
Déclarations orales de l'appelant jugées irrecevables
Court of Appeal of Quebec (Montréal)
500-10-002257-010
Appel accueilli; jugement infirmé; nouveau procès ordonné
Filed documents
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 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
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.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available