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.
30588
Her Majesty the Queen v. James Kouri
(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) |
|---|---|---|
| 2006-01-17 | 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 500-10-001902-004, dated July 7, 2004, heard on April 18, 2005 is dismissed, Bastarache and LeBel JJ. dissenting. Dismissed |
|
| 2005-07-21 | Correspondence (sent by the Court) to, all parties. Re: Lock-up | |
| 2005-06-27 | Correspondence received from, Lucie Joncas, re: Lock-up | James Kouri |
| 2005-06-27 | Correspondence received from, Germain Tremblay, re: Lock-up | Her Majesty the Queen |
| 2005-06-16 | Correspondence (sent by the Court) to, all parties, re: lock-up | |
| 2005-05-03 | Transcript received, 49 pages | |
| 2005-04-18 | Judgment reserved OR rendered with reasons to follow | |
| 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 |
|
| 2005-04-14 | Book of authorities, Additional Authorities. Service missing - Rec'd April 15, 2005, Completed on: 2005-04-15 | James Kouri |
| 2005-04-08 | Notice of appearance, Germain Tremblay will be present at the hearing. | Her Majesty the Queen |
| 2005-03-21 | Respondent's book of authorities, (service rec'd Mar. 29/05), Completed on: 2005-03-30 | James Kouri |
| 2005-03-21 | Respondent's factum, (service rec'd Mar. 29/05), Completed on: 2005-03-30 | James Kouri |
| 2005-03-21 | Appeal perfected for hearing | |
| 2005-03-14 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2005-03-14 |
Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the British Columbia Civil Liberties Association, is dismissed. Dismissed |
|
| 2005-03-14 | Submission of motion for leave to intervene, Ba | |
| 2005-03-08 | Notice of appearance, Lucie Joncas and Christian Desrosiers will be present at the hearing. | James Kouri |
| 2005-03-02 | Notice of hearing sent to parties | |
| 2005-03-02 |
Appeal hearing scheduled, 2005-04-18 Judgment reserved |
|
| 2005-02-28 | Response to the motion for leave to intervene, (Letter Form), from Sylvie E. Roussel dated Feb. 28/05, Completed on: 2005-02-28 | Her Majesty the Queen |
| 2005-02-14 | Response to the motion for leave to intervene, (Letter Form), from Christian Desrosiers dated Feb. 14/05, Completed on: 2005-02-14 | James Kouri |
| 2005-02-10 | Motion for leave to intervene, (bookform), Completed on: 2005-02-10 | British Columbia Civil Liberties Association |
| 2005-01-24 | Appellant's factum, Completed on: 2005-01-24 | Her Majesty the Queen |
| 2005-01-24 | Appellant's book of authorities, Completed on: 2005-01-24 | Her Majesty the Queen |
| 2005-01-24 | Appellant's record, Vol. I to III + one VHS video cassette, Completed on: 2005-01-24 | Her Majesty the Queen |
| 2004-12-03 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2004-12-03 |
Decision on motion to extend time to serve and/or file notice of appeal, to Nov. 3/04, Cha Granted |
|
| 2004-12-03 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Cha | |
| 2004-12-01 | Reply to motion to extend time to serve and/or file notice of appeal, (Letter Form), Yves Briand dated Nov. 29/04 joint with an affidavit of Germain Tremblay, Completed on: 2004-12-01 | Her Majesty the Queen |
| 2004-11-18 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2004-11-12 | Response to motion to extend time to serve and/or file notice of appeal, Completed on: 2004-11-12 | James Kouri |
| 2004-11-03 | Motion to extend the time to serve and/or file the notice of appeal, to Nov. 3/04, Completed on: 2004-11-03 | Her Majesty the Queen |
| 2004-11-03 | Notice of appeal, Completed on: 2004-11-03 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Kouri, James | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Germain Tremblay
775, rue Gosford
2e étage
Montréal, Quebec
H2Y 3B9
Telephone: (514) 872-3060
FAX: (514) 872-3400
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Kouri, James
Counsel
Christian Desrosiers
480, boul. St-Laurent
Bureau 503
Montréal, Quebec
H2Y 3Y7
Telephone: (514) 397-9284
FAX: (514) 397-9922
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
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 Respondent, James Kouri, owned the “Cœur à Corps” bar, where swingers could meet on paying $6 per couple. Every half hour, a translucent black curtain automatically closed around the danse floor. During this period, people formed circles of 4 to 6 individuals and generally participated in or watched acts of a sexual nature.
In response to an anonymous complaint, Inspector André Therrien and Constable Hélène Fiset opened an investigation into the Respondent’s bar. Two searches ensued and the following charges were laid against the Respondent:
“[translation] Between September 20, 1996 and November 16, 1996, at Montréal, in the judicial district of Montréal, did unlawfully keep a common bawdy-house at 10 181 Pie IX in contravention of s. 210(1) of the Criminal Code;"
“Between January 17, 1997 and March 17, 1997, at Montréal, in the judicial district of Montréal, did unlawfully keep a common bawdy-house at 10 181 Pie IX in contravention of s. 210(1) of the Criminal Code."
The Respondent was convicted of keeping a common bawdy-house contrary to s. 210 of the Criminal Code. He was sentenced to pay fines of $500 on the first count and $5,000 on the second. The Court of Appeal allowed the appeal and acquitted the Respondent. Rochon J.A. dissented.
Lower court rulings
Court of Appeal of Quebec (Montréal)
500-10-001902-004
Voir dossier
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