Case information
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30460
Jean-Paul Labaye v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-02-20 | Record returned to the Registrar of the Court of Appeal | |
| 2006-01-17 | Appeal closed | |
| 2005-12-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-12-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-12-21 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-001682-994, dated July 7, 2004, heard on April 18, 2005 is allowed and the conviction is set aside, Bastarache and LeBel JJ. dissenting. Allowed |
|
| 2005-07-21 | Correspondence (sent by the Court) to, all parties. Re: Lock-up | |
| 2005-07-04 | Correspondence received from, Josée Ferrari, re: Lock-up | Her Majesty the Queen |
| 2005-06-30 | Correspondence received from, Robert La Haye, re: Lock-up | Jean-Paul Labaye |
| 2005-06-16 | Correspondence (sent by the Court) to, all parties, re : lock-up | |
| 2005-05-03 | Transcript received, 36 pages | |
| 2005-04-18 | Judgment reserved OR rendered with reasons to follow | |
| 2005-04-18 | Appellant's condensed book, Submitted in Court (14 copies) | Jean-Paul Labaye |
| 2005-04-18 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2005-04-18 |
Hearing of the appeal, 2005-04-18, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2005-04-08 | Notice of appearance, Normand Labelle will be present at the hearing. | Her Majesty the Queen |
| 2005-03-08 | Notice of appearance, Robert La Haye and Josée Ferrari will be present at the hearing. | Jean-Paul Labaye |
| 2005-03-02 | Notice of hearing sent to parties | |
| 2005-03-02 |
Appeal hearing scheduled, 2005-04-18, (Previously Feb. 18/05) Judgment reserved |
|
| 2005-01-27 | Order on motion to extend time | |
| 2005-01-27 |
Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities to Jan. 24/05 and for oral argument at the hearing of the appeal, Ba Granted |
|
| 2005-01-27 | Submission of motion to extend time, Ba | |
| 2005-01-24 | Respondent's book of authorities, (see order of Jan. 27/05), Completed on: 2005-01-24 | Her Majesty the Queen |
| 2005-01-24 | Respondent's record, (see order of Jan. 27/05), Completed on: 2005-01-24 | Her Majesty the Queen |
| 2005-01-24 | Respondent's factum, (see order of Jan. 27/05), Completed on: 2005-01-24 | Her Majesty the Queen |
| 2005-01-20 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2005-01-20 |
Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, Egale Canada Inc., is dismissed. The motion for an extension of time to apply for leave to intervene of the applicant, British Columbia Civil Liberties, is granted, and the motion for leave to intervene is dismissed. Dismissed |
|
| 2005-01-20 | Submission of motion for leave to intervene, Ba | |
| 2005-01-19 | Motion to extend time, AMENDED to file the record, the factum and the authorities to Jan 24/05, Completed on: 2005-01-19 | Her Majesty the Queen |
| 2005-01-19 | Response to the motion for leave to intervene, (Letter Form), from Josée Ferrari dated Jan. 19/05 (by B.C. Civil Liberties), Completed on: 2005-01-19 | Jean-Paul Labaye |
| 2005-01-18 | Response to motion to extend time, (Letter Form), from Richard Gaudreau dated Jan. 18/05, Completed on: 2005-01-18 | Jean-Paul Labaye |
| 2005-01-18 | Response to the motion for leave to intervene, (Letter Form), from Sylvie E. Roussel dated Jan. 18/05 (by B.C. Civil Liberties), Completed on: 2005-01-18 | Her Majesty the Queen |
| 2005-01-10 | Motion for leave to intervene, (joint with an extension of time)(bookform), Completed on: 2005-01-11 | British Columbia Civil Liberties Association |
| 2005-01-05 | Appeal perfected for hearing | |
| 2004-12-29 | Response to the motion for leave to intervene, (Letter Form), from J. Ferrari dated Dec. 27, 2004 (fax copy)(joint), Completed on: 2004-12-29 | Jean-Paul Labaye |
| 2004-12-29 | Response to motion to extend time, (Letter Form), from J. Ferrari dated Dec. 27, 2004 (fax copy)(responding also to the motion to intervene), Completed on: 2004-12-29 | Jean-Paul Labaye |
| 2004-12-23 | Motion to extend time, to file the factum, record and authorities to Jan. 24, 2005 (see amended motion filed Jan. 19/05), Completed on: 2004-12-23 | Her Majesty the Queen |
| 2004-12-03 | Motion for leave to intervene, Completed on: 2004-12-03 | Egale Canada Inc. |
| 2004-11-08 | Appellant's book of authorities, Completed on: 2004-11-19 | Jean-Paul Labaye |
| 2004-11-08 | Appellant's record, Vol. I to VIII, Completed on: 2004-11-19 | Jean-Paul Labaye |
| 2004-11-08 | Appellant's factum, Completed on: 2004-11-19 | Jean-Paul Labaye |
| 2004-09-22 | Appeal court record, (4 boxes - joint with Trial Court record and exhibits) | |
| 2004-09-01 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2004-08-13 | Notice of appeal, Completed on: 2004-08-13 | Jean-Paul Labaye |
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 |
|---|---|---|
| Labaye, Jean-Paul | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Labaye, Jean-Paul
Counsel
Robert La Haye
1085, rue Amherst
Montréal, Quebec
H2L 3K6
Telephone: (514) 840-8777
FAX: (514) 840-7070
Email: jferrari@total.net
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
2è étage
Montréal, Quebec
H2Y 3B9
Telephone: (514) 872-6810
FAX: (514) 872-3400
Email: nlabelle@ville.montreal.qc.ca
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.
Jean-Paul Labaye ran the L’Orage club, a place where swingers could meet on paying $200. The building had three levels and the Appellant had a liquor and restaurant permit for the first two levels. The third floor was the Appellant’s apartment, where members participated in sexual activities, sometimes before spectators. There were two doors, one of them marked “PRIVATE”, between the second and third levels. The other door had a digital lock for which the members had the combination.
The Appellant was charged with keeping a common bawdy-house contrary to s. 210 of the Criminal Code. The trial judge convicted him on the basis that the premises where partners were swapped were a public place and that some of the acts were indecent. The majority of the Court of Appeal dismissed the appeal on the basis that group sexual activities cannot be regarded as swinging but should instead be seen as orgies. Unlike Proulx J.A., who dissented, the majority found that Canadian society does not tolerate such practices, which are harmful, especially in that having sexual relations with a number of partners without adequate protection constitutes a serious social harm.
Lower court rulings
Municipal Court of Montreal
198-054-660
L'intimé est reconnu coupable de deux chefs d'accusation d'avoir tenu une maison de débauche contrairement à l'art. 210 du Code criminel
Court of Appeal of Quebec (Montréal)
500-10-001682-994
Appel accueilli
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