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.
31148
Her Majesty the Queen v. Luc Gagnon
(Quebec) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2006-05-11 | Appeal closed | |
| 2006-05-05 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-05-05 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-05-04 |
Judgment on the appeal rendered, Ba LeB De F Abe, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-002320-024, dated September 1, 2005, heard on March 16, 2006, is allowed and the guilty verdict is restored, Deschamps and Fish JJ. dissenting. Allowed |
|
| 2006-03-27 | Transcript received, (35 pages) | |
| 2006-03-16 | Judgment reserved OR rendered with reasons to follow | |
| 2006-03-16 | Acknowledgement and consent for video taping of proceedings | |
| 2006-03-16 | Hearing of miscellaneous motion, Ba LeB De F Abe | |
| 2006-03-16 |
Hearing of the appeal, 2006-03-16, Ba LeB De F Abe Judgment reserved |
|
| 2006-03-10 | Notice of appearance, Charles Ashton and Brigitte Martin will be present at the hearing. | Luc Gagnon |
| 2006-03-08 | Submission of miscellaneous motion, Ba LeB De F Abe | |
| 2006-03-08 | Notice of appearance, Henri-Pierre La Brie, Daniel Grégoire and Caroline Fontaine will be present at the hearing. | Her Majesty the Queen |
| 2006-03-01 | Reply to miscellaneous motion, (Letter Form), (sent to the judges on March 8, 2006), Completed on: 2006-03-01 | Luc Gagnon |
| 2006-02-27 | Supplemental factum, of the appellant under rule 29(4) | Her Majesty the Queen |
| 2006-02-16 | Respondent's factum, (CD not OCR - rec'd Feb. 23/06) (Rule 29(3) include at page 8)(CD missing cover page & tables) (3rd. notice, CD still not as per guidelines - new CD rec'd Mar. 15/06), Completed on: 2006-03-29 | Luc Gagnon |
| 2006-02-16 | Response to miscellaneous motion, (bookform) - 9 copies (sent to the judges on March 8, 2006), Completed on: 2006-02-16 | Her Majesty the Queen |
| 2006-02-16 | Appeal perfected for hearing | |
| 2006-02-09 | Notice of miscellaneous motion, for payment of the fees on appeal (joint with an extension of time to file the respondent's materials to 15 days from the order - not necessary) (bookform) - sent to the judges on March 8, 2006, Completed on: 2006-02-09 | Luc Gagnon |
| 2005-12-22 | Appellant's book of authorities, (Orig. Service rec'd Jan. 04/06), Completed on: 2005-12-22 | Her Majesty the Queen |
| 2005-12-22 | Appellant's record, Vol. I to III (Orig. Service rec'd Jan. 04/06), Completed on: 2005-12-22 | Her Majesty the Queen |
| 2005-12-22 | Appellant's factum, (Orig. Service rec'd Jan. 04/06), Completed on: 2005-12-22 | Her Majesty the Queen |
| 2005-12-12 | Correspondence (sent by the Court) to, parties (Limit time Oral arguments). | |
| 2005-12-09 | Notice of hearing sent to parties | |
| 2005-12-08 |
Appeal hearing scheduled, 2006-03-16 Judgment reserved |
|
| 2005-11-03 | Correspondence received from, Mr. Ashton (re: Agent) | Luc Gagnon |
| 2005-10-05 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2005-09-29 | Notice of appeal, Completed on: 2005-09-29 | 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 |
|---|---|---|
| Gagnon, Luc | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Daniel Grégoire
Bureau RC-17
1111, boul. Jacques-Cartier Est
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61135
FAX: (450) 928-7486
Email: hplabrie@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Gagnon, Luc
Counsel
Brigitte Martin
Bureau 203
359, rue Saint-Charles Ouest
Longueuil, Quebec
J4H 1E7
Telephone: (450) 928-8080
FAX: (450) 928-2004
Email: ashton.avocats@qc.aira.com
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.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.
Criminal law - Evidence - Sexual assault - Hearsay - Whether intervention of majority of Court of Appeal was justified, in particular as regards accused’s credibility - Whether principles from R. v. Sheppard, [2002] 1 S.C.R. 869, and R. v. Braich, [2002] 1 S.C.R. 903, were applied.
Luc Gagnon was charged with sexual assault and with, for a sexual purpose, inviting, counselling or inciting a person under the age of 14 years to touch his body. The victim told her grandmother, her mother and a police officer that Gagnon had made her taste his sperm. Following a voir dire, the trial judge declared that the victim’s statements were admissible. Gagnon was convicted on the first count, and a conditional stay of proceedings was entered on the second count. The Court of Appeal allowed the appeal, Chamberland J.A. dissenting.
Lower court rulings
Court of Quebec
505-01-033285-012
Gagnon est reconnu coupable du premier chef d'accusation et un sursis conditionnel des procédures est ordonné quant au second chef
Court of Appeal of Quebec (Montréal)
500-10-002320-024
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