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.
32057
Her Majesty the Queen v. Yves Ouellette
(Quebec) (Criminal) (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) |
|---|---|---|
| 2009-06-09 | Appeal closed | |
| 2009-06-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-06-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-05-29 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-002828-042, 2007 QCCA 218, dated March 29, 2007, heard on November 13, 2008, is dismissed, McLachlin C.J. and Fish and Rothstein JJ. dissenting. Dismissed |
|
| 2008-11-27 | Transcript received, (107 pages) | |
| 2008-11-13 | Judgment reserved OR rendered with reasons to follow | |
| 2008-11-13 |
Hearing of the appeal, 2008-11-13, CJ Bi LeB De F Abe Ro Judgment reserved |
|
| 2008-11-13 | Acknowledgement and consent for video taping of proceedings, All parties have consented | |
| 2008-11-13 | Intervener's condensed book, Rec'd in Court Nov. 13/08 | Attorney General of Ontario |
| 2008-11-13 | Respondent's condensed book, Rec'd in Court Nov. 13/08 | Yves Ouellette |
| 2008-11-13 | Appellant's condensed book, Rec'd in Court Nov. 13/08 | Her Majesty the Queen |
| 2008-10-31 | Notice of appearance, Appearing John Corelli and Deborah Calderwood | Attorney General of Ontario |
| 2008-10-30 | Notice of appearance, Paul Riley, Simon William and François Lacasse | Her Majesty the Queen |
| 2008-10-30 | Notice of appearance, Marc Nerenberg | Yves Ouellette |
| 2008-10-23 | Correspondence received from, François Lacasse dated October 23, 2008. Re: Proposed order and lengths of pleadings | Her Majesty the Queen |
| 2008-10-20 | Correspondence received from, François Lacasse dated Oct. 20/08 re: errors in appellant's record (sent to the Court Oct. 23/08) | Her Majesty the Queen |
| 2008-10-09 |
Order by, Ro, FURTHER TO THE ORDERS dated June 17and August 20, 2008, granting leave to intervene to the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of these appeals. Granted |
|
| 2008-08-22 | Notice of hearing sent to parties | |
| 2008-08-22 |
Appeal hearing scheduled, 2008-11-13 Judgment reserved |
|
| 2008-08-21 | Order on motion to extend time | |
| 2008-08-21 |
Decision on motion to extend time, DeRg, to serve and file the joint book of authorities in Ouellette and Craig to Aug. 1/08; permitting the Crown to serve and file a joint book of authorities in all three appeals; permitting the Crown to file 13 copies of the joint book of authorities in Ouellette and one copy only in Craig and in Nguyen Granted |
|
| 2008-08-20 | Submission of motion to extend time, DeRg | |
| 2008-08-11 | Intervener's book of authorities, joint with 32102, as per the order dated June 17/08 from Abella J., Completed on: 2008-08-18 | Attorney General of Ontario |
| 2008-08-11 | Intervener's factum, joint with 32102, as per the order dated June 17/08 from Abella J. CD served Aug. 14/08, Completed on: 2008-08-11 | Attorney General of Ontario |
| 2008-08-01 | Appellant's book of authorities, (joint with 32102-32359) (3 volumes), Completed on: 2008-08-01 | Her Majesty the Queen |
| 2008-08-01 | Motion to extend time, to file a joint book of authorities to Aug. 5/08 (joint with 32102-32359), Completed on: 2008-08-01 | Her Majesty the Queen |
| 2008-06-17 | Letter sent to Intervener(s) | |
| 2008-06-17 | Order on motion for leave to intervene, (BY ABELLA J.) | |
| 2008-06-17 |
Decision on the motion for leave to intervene, Abe, The motion for leave to intervene of the Attorney General of Ontario is granted and the said intervener shall be entitled to serve and file a single joint factum not to exceed 20 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention. Granted |
|
| 2008-06-17 | Submission of motion for leave to intervene, Abe | |
| 2008-05-27 | Respondent's factum, CD returned (Rec'd on June 2, 2008), Completed on: 2008-06-04 | Yves Ouellette |
| 2008-05-27 | Appeal perfected for hearing | |
| 2008-04-09 | Response to the motion for leave to intervene, e-mail from François Lacasse dated Apr. 9/08 (joint with 32102), Completed on: 2008-04-09 | Her Majesty the Queen |
| 2008-04-04 | Correspondence received from, Burke-Robertson by e-mail dated Apr. 4/01 re: amended motion to intervene (joint with 32102) | Attorney General of Ontario |
| 2008-04-04 | Motion for leave to intervene, (Amended) (joint with 32102), Completed on: 2008-04-04 | Attorney General of Ontario |
| 2008-04-01 | Appellant's record, CD missing - Rec'd on April 7, 2008 (2 volumes), Completed on: 2008-04-01 | Her Majesty the Queen |
| 2008-04-01 | Appellant's factum, CD missing - Rec'd on April 7, 2008, Completed on: 2008-04-07 | Her Majesty the Queen |
| 2008-03-31 | Correspondence received from, François Lacasse dated March 31/08 re: will be filing a joint book of authorities with Craig (32102) and Nguyen (32359) | Her Majesty the Queen |
| 2008-03-25 | Correspondence received from, François Lacasse by e-mail dated March 25/08 re: change of counsel and agent | Her Majesty the Queen |
| 2008-01-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-12-21 | Notice of appeal, Completed on: 2007-12-21 | Her Majesty the Queen |
| 2007-12-06 | Correspondence received from, G. Régimbald, dated Dec. 6/07 re: agent for respondent | Yves Ouellette |
| 2007-11-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-11-30 | Judgment on leave sent to the parties | |
| 2007-11-29 |
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 (Montréal), Number 500-10-002828-042, dated March 29, 2007, is granted. This appeal is to be heard with Judy Ann Craig v. Her Majesty the Queen (32102). Granted |
|
| 2007-08-20 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2007-07-11 | Correspondence received from, F. Lacasse dated July 10, 2007 (fax copy) re: suggesting to submit this leave application with 32102 (J.A. Craig) | Her Majesty the Queen |
| 2007-07-10 | Respondent's response on the application for leave to appeal, Will not be filing a response., Completed on: 2007-07-10 | Yves Ouellette |
| 2007-05-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-05-25 | Application for leave to appeal, Completed on: 2007-05-25 | 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 |
|---|---|---|
| Ouellette, Yves | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Paul Riley
Simon William
284, rue Wellington, pièce 2215
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Agent
284, rue Wellington, pière 2211
Ottawa, Ontario
K1A 0H8
Telephone: (613) 952-1490
FAX: (613) 941-7865
Email: catherine.galligan@ppsc-sppc.gc.ca
Party: Ouellette, Yves
Counsel
Marc Nerenberg
Bureau 200
Laval, Quebec
H7P 5P2
Telephone: (450) 681-2000
FAX: (450) 681-8606
Email: rperras12@hotmail.com
Agent
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Attorney General of Ontario
Counsel
Deborah Calderwood
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2618
FAX: (416) 326-4656
Email: john.corelli@ontario.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Criminal law - Legislation - Interpretation - Measures incidental to conviction - Forfeiture of “offence-related property” - Whether court may take forfeiture of “offence-related property” into account in sentencing - Whether courts below erred in taking forfeiture of respondent’s immovable as “offence-related property” into account in sentencing him - Whether enumerated factors for assessment of disproportionate nature of forfeiture are exhaustive - Whether Court of Appeal erred in ordering partial forfeiture of undivided immovable - Whether Court of Appeal erred in reviewing trial judge’s assessment of facts and substituting its own assessment of evidence - Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 19.1(3).
Yves Ouellette was convicted of producing cannabis. The Crown applied to the Court of Québec to have his house forfeited as “offence-related property”. The Court of Québec ordered that it be forfeited. The Court of Appeal allowed Mr. Ouellette’s appeal in part and ordered that half the immovable be forfeited.
Lower court rulings
Court of Quebec
540-73-000125-023
Voir dossier
Court of Appeal of Quebec (Montréal)
500-10-002828-042
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