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.
31604
Yves Michaud v. Michel Bissonnet, ès qualités de président de l'Assemblée nationale du Québec
(Quebec) (Civil) (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) |
|---|---|---|
| 2006-11-28 | Close file on Leave | |
| 2006-11-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-11-24 | Judgment on leave sent to the parties | |
| 2006-11-23 |
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 (Quebec), Number 200-09-005100-059, dated June 8, 2006, is dismissed without costs. Dismissed, without costs |
|
| 2006-10-16 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-10-13 | Applicant's reply to respondent's argument, Completed on: 2006-10-13 | Yves Michaud |
| 2006-10-06 | Respondent's response on the application for leave to appeal, Completed on: 2006-10-06 | Michel Bissonnet, ès qualités de président de l'Assemblée nationale du Québec |
| 2006-09-14 | Correspondence received from, S. Rochette (by fax) re: conflict | Yves Michaud |
| 2006-09-07 | Correspondence received from, from R. Gaudreau, acting as agent for the applicant. | Yves Michaud |
| 2006-09-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-07 | Application for leave to appeal, (2 volumes), Completed on: 2006-09-07 | Yves Michaud |
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 |
|---|---|---|
| Michaud, Yves | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Michel Bissonnet, ès qualités de président de l'Assemblée nationale du Québec | Respondent | Active |
Counsel
Party: Michaud, Yves
Counsel
Stéphane Rochette
200 - 1195 Av de Lavigerie
Québec, Quebec
G1V 4N3
Telephone: (418) 658-9966
FAX: (418) 658-6766
Email: abois@tremblaybois.qc.ca
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: Michel Bissonnet, ès qualités de président de l'Assemblée nationale du Québec
Counsel
François LeBel
Tour Scotia, 28e étage
1002, rue Sherbrooke Ouest
Montréal, Quebec
H3A 3L6
Telephone: (514) 282-7825
FAX: (514) 845-6573
Email: raynold.langlois@lkd.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.
Constitutional law – Charter of rights – Charter of human rights and freedoms, R.S.Q., c. C-12 – Parliamentary privilege – National Assembly – Motion passed by National Assembly – Petition to National Assembly – Scope of parliamentary privilege of free speech and s. 21 of Quebec Charter – Motion for declaratory judgment – Whether legislative assembly has power to pass resolution censuring or reprimanding citizen for expressing ideas it considers unacceptable – Whether such resolution not subject to judicial review because of parliamentary privilege of free speech – Whether National Assembly of Quebec has obligation under s. 21 of Quebec Charter to dispose of petition presented to it by private citizen by granting or denying redress sought.
On December 13, 2000, Yves Michaud made a speech to the Commission des États généraux sur la situation et l'avenir de la langue française au Québec. The topic of the speech was the francization of immigrants.
The next day, the National Assembly unanimously passed a motion denouncing Michaud's remarks and describing them as unacceptable in relation to ethnic communities, particularly the Jewish community. Michaud presented a petition to the National Assembly seeking redress for the injustice resulting from the passage of the motion.
Through a motion for a declaratory judgment, Michaud asked the Superior Court to declare that the National Assembly did not have the power to pass the motion. Michaud also alleged that s. 21 of the Charter of human rights and freedoms required the National Assembly to dispose of his petition.
Lower court rulings
Superior Court of Quebec
200-17-004014-031
Requête de Michaud pour jugement déclaratoire rejetée
Court of Appeal of Quebec (Québec)
200-09-005100-059
Appel rejeté
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