Case information
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32309
Her Majesty the Queen v. S.J.L.-G., et al.
(Quebec) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-04-29 | Appeal closed | |
| 2009-03-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-03-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-03-27 |
Judgment on the appeal rendered, CJ LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-08-000283-079, 2007 QCCA 1201, dated August 16, 2007, heard on December 16, 2008, is allowed and the Court of Appeal’s judgment upholding the decision to quash the direct indictment with respect to the respondent young persons is set aside. Because the issue is moot for the purposes of this case, the Court will make no further order. Fish and Abella JJ. are dissenting. Allowed |
|
| 2009-01-06 | Transcript received, (69 pages) | |
| 2008-12-16 | Judgment reserved OR rendered with reasons to follow | |
| 2008-12-16 |
Hearing of the appeal, 2008-12-16, CJ LeB De F Abe Cha Ro Judgment reserved |
|
| 2008-12-16 | Intervener's condensed book, Filed in Court on Dec. 16/08 | Attorney General of Ontario |
| 2008-12-16 | Appellant's condensed book, Filed in Court on Dec. 16/08 | Her Majesty the Queen |
| 2008-12-16 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2008-12-03 | Notice of appearance, Catherine Pilon and Marie-Pierre Blouin will be appearing | L.V.P. |
| 2008-12-02 | Notice of appearance, Christine Bartlett-Hughes will be appearing | Attorney General of Ontario |
| 2008-12-02 | Notice of appearance, Gerry Bowering will be appearing | Attorney General of Manitoba |
| 2008-12-02 | Notice of appearance, Robert Rouleau, SophieDelisle, Antoine Piché and Isabelle Bouchard | Her Majesty the Queen |
| 2008-12-02 | Notice of appearance, François Dadour will be appearing | Association des avocats de la défense de Montréal |
| 2008-12-01 | Notice of appearance, Michel Denis and Éric Marcoux will be appearing | Director of Public Prosecution of Canada |
| 2008-11-10 |
Order by, Ro, FURTHER TO THE ORDER dated August 19, 2008, granting leave to intervene to the Attorney General of Ontario, the Attorney General of Manitoba, the Director of Public Prosecution of Canada and the Association des avocats de la défense de Montréal; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2008-11-10 | Order on motion to extend time | |
| 2008-11-10 | Order on motion to extend time | |
| 2008-11-10 |
Decision on motion to extend time, to serve and file the factum of the intervener, Attorney General of Manitoba to Oct. 24/08 and to present oral argument at the hearing of the appeal, Ro Granted |
|
| 2008-11-10 |
Decision on motion to extend time, to serve and file the factum of the intervener, Attorney General of Ontario to Oct. 16/08 and to present oral argument at the hearing of the appeal, Ro Granted |
|
| 2008-11-07 | Submission of motion to extend time, Ro | |
| 2008-11-05 | Response to motion to extend time, (original rec'd Nov. 13/08), Completed on: 2008-11-05 | Her Majesty the Queen |
| 2008-11-03 | Motion to extend time, to file the intervener's factum and authorities to Oct. 23/08 and to present oral argument at the hearing, Completed on: 2008-11-03 | Attorney General of Ontario |
| 2008-10-30 | Response to motion to extend time, (original filed Nov. 4/08), Completed on: 2008-10-30 | Her Majesty the Queen |
| 2008-10-28 | Motion to extend time, to file the intervener's factum to Oct. 28/08 and allowing oral argument at the hearing, Completed on: 2008-11-07 | Attorney General of Manitoba |
| 2008-10-24 | Intervener's factum, (Ext. of time rec'd Oct. 28/08), Completed on: 2008-10-28 | Attorney General of Manitoba |
| 2008-10-16 | Intervener's book of authorities, CD requested - Rec'd on October 23, 2008, Completed on: 2008-11-04 | Attorney General of Ontario |
| 2008-10-16 | Intervener's factum, Ext. of time requested - Rec'd on November 3, 2008, Completed on: 2008-11-04 | Attorney General of Ontario |
| 2008-10-14 | Intervener's book of authorities, Completed on: 2008-10-14 | Director of Public Prosecution of Canada |
| 2008-10-14 | Intervener's factum, Completed on: 2008-10-14 | Director of Public Prosecution of Canada |
| 2008-10-06 | Correspondence received from, Sophie Delisle dated October 6, 2008. Re: Will continue with appeal even though sentencing in the lower court is scheduled for November 27, 2008. | Her Majesty the Queen |
| 2008-09-30 | Intervener's book of authorities, Completed on: 2008-09-30 | Association des avocats de la défense de Montréal |
| 2008-09-22 | Intervener's factum, Completed on: 2008-09-22 | Association des avocats de la défense de Montréal |
| 2008-08-22 | Notice of hearing sent to parties | |
| 2008-08-22 |
Appeal hearing scheduled, 2008-12-16, (previously Oct. 16/08) Judgment reserved |
|
| 2008-08-19 | Letter sent to Intervener(s) | |
| 2008-08-19 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2008-08-19 |
Decision on the motion for leave to intervene, Ro, The motions for leave to intervene by the Attorney General of Ontario, the Director of Public Prosecution of Canada and the Association des avocats de la défense de Montréal are granted. The applicants shall be entitled to serve and file a factum not to exceed 10 pages in length. The motion for an extension of time to apply for leave to intervene and for leave to intervene by the Attorney General of Manitoba is granted. The applicant shall be entitled to serve and file a factum not to exceed 10 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners 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 interveners shall pay to the appellant and respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Granted |
|
| 2008-08-18 | Submission of motion for leave to intervene, Ro | |
| 2008-07-22 | Response to motion to extend time, for A.G. of Manitoba for leave to intervene to June 13/08, Completed on: 2008-07-22 | Her Majesty the Queen |
| 2008-07-10 | Correspondence received from, Eric Coulombe by fax re: will be relying on the respondent L.V.P.'s factum | S.J.L.-G. |
| 2008-07-10 | Respondent's record, (Form to follow), Completed on: 2008-07-10 | L.V.P. |
| 2008-07-10 | Respondent's book of authorities, (Form and new CD rec'd Aug. 5/08), Completed on: 2008-08-05 | L.V.P. |
| 2008-07-10 | Correspondence received from, Mr. Coulombe re: will not file a factum and will be referring to the respondent L.V.-P's factum | S.J.L.-G. |
| 2008-07-10 | Respondent's factum, Forms and new CD with page 41 to 203 - rec'd Aug. 5/08 - New CD rec'd Aug. 11/08), Completed on: 2008-08-11 | L.V.P. |
| 2008-07-10 | Appeal perfected for hearing | |
| 2008-06-13 | Motion for leave to intervene, (amended motion with extension to June 13/08 rec'd July 4/08), Completed on: 2008-07-04 | Attorney General of Manitoba |
| 2008-06-12 | Motion for leave to intervene, Completed on: 2008-06-12 | Director of Public Prosecution of Canada |
| 2008-06-10 | Motion for leave to intervene, (bookform), Completed on: 2008-06-10 | Association des avocats de la défense de Montréal |
| 2008-06-03 | Motion for leave to intervene, Completed on: 2008-06-03 | Attorney General of Ontario |
| 2008-05-15 | Appellant's book of authorities, (New CD rec'd May 28/08 with table of contents and subject of Tab - Form rec'd May 22/08), Completed on: 2008-05-30 | Her Majesty the Queen |
| 2008-05-15 | Appellant's record, (new CD rec'd May 28/08 with table of contents - Form rec'd May 22/08), Completed on: 2008-05-30 | Her Majesty the Queen |
| 2008-05-15 | Appellant's factum, (new CD rec'd May 28/08 with table of contents - Form rec'd May 22/08), Completed on: 2008-05-30 | Her Majesty the Queen |
| 2008-02-26 | Notice of appeal, (joint with Form 25B - CD rec'd Feb. 28/08), Completed on: 2008-02-26 | Her Majesty the Queen |
| 2008-02-19 | Correspondence received from, Me Pilon re: advising the Court of counsel on file | L.V.P. |
| 2008-02-11 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2008-02-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2008-02-01 | Judgment on leave sent to the parties | |
| 2008-01-31 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time to serve and file an application for leave to intervene is granted and the application for leave to intervene by the Association des avocats de la défense de Montréal is dismissed without prejudice to its right to apply for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-08-000283-079, 2007 QCCA 1201, dated August 16, 2007, is granted. Granted |
|
| 2008-01-31 |
Decision on motion for leave to intervene Dismissed |
|
| 2008-01-31 |
Decision on motion to extend time, Bi LeB De Granted |
|
| 2007-12-13 | Correspondence received from, C. Pilon dated Dec. 4/07 re: will not file response and does not oppose motion to intervene and extension of time | L.V.P. |
| 2007-12-11 | Correspondence received from, Sophie Delisle dated Dec. 11/07 re: submission of the leave application | Her Majesty the Queen |
| 2007-12-10 | Submission of motion to extend time, Bi LeB De | |
| 2007-12-10 | All materials on application for leave submitted to the Judges, Bi LeB De | |
| 2007-12-10 | Submission of motion for leave to intervene, Bi LeB De | |
| 2007-11-22 | Response to the motion for leave to intervene, (Letter Form), from Sophie Delisle dated Nov. 22/07 re: will not file a response, Completed on: 2007-11-22 | Her Majesty the Queen |
| 2007-11-20 | Motion to extend time, to file leave to intervene (included in the motion), Completed on: 2007-11-20 | Association des avocats de la défense de Montréal |
| 2007-11-20 | Motion for leave to intervene, (joint with an extension of time) (3 add. copies rec'd Nov. 23/07), Completed on: 2007-11-20 | Association des avocats de la défense de Montréal |
| 2007-11-15 | Respondent's response on the application for leave to appeal, (Letter Form), Will not be filing a response, Completed on: 2007-11-15 | S.J.L.-G. |
| 2007-11-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-10-25 | Respondent's response on the application for leave to appeal, (Letter Form), will not be filing a response, Completed on: 2007-10-25 | L.V.P. |
| 2007-10-15 | Application for leave to appeal, fees missing - rec'd Nov. 1/07, Completed on: 2007-11-01 | 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 |
|---|---|---|
| S.J.L.-G. | Respondent | Active |
| L.V.P. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecution of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Association des avocats de la défense de Montréal | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Daniel Grégoire
Robert Rouleau
Isabelle Bouchard
Antoine Piché
1195, avenue Lavigerie, bureau 60
Québec, Quebec
G1V 4N3
Telephone: (418) 643-9069 Ext: 20853
FAX: (418) 644-3428
Agent
17, rue Laurier, bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60422
FAX: (819) 772-3986
Email: dpilon@justice.gouv.qc.ca
Party: S.J.L.-G.
Counsel
1085, rue Amherst
Montréal, Quebec
H3L 3K6
Telephone: (514) 840-8777
FAX: (514) 840-7070
Party: L.V.P.
Counsel
Marie-PIerre Blouin
377, boul. Curé Poirier Ouest
Longueuil, Quebec
J4J 2H1
Telephone: (450) 928-7666
FAX: (450) 928-7671
Agent
63, rue de l'Hôtel-de-Ville
Gatineau, Quebec
J8X 2E4
Telephone: (819) 772-3013
FAX: (819) 772-3240
Party: Association des avocats de la défense de Montréal
Counsel
507, Place d'Armes, Bureau 1402
Montréal, Quebec
H2Y 2W8
Telephone: (514) 526-0861
FAX: (514) 526-9646
Email: fdadour@aei.ca
Agent
162, rue Wellington
Hull, Quebec
J8X 2J4
Telephone: (819) 770-4888
FAX: (819) 770-0712
Party: Director of Public Prosecution of Canada
Counsel
Éric Marcoux
Complexe Guy-Favreau, Tour de l'Est
200, boul. René-Lévesque Ouest, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-2126
FAX: (514) 496-7372
Email: michel.denis@sppc-ppsc.gc.ca
Agent
284, rue Wellington
2ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.gc.ca
Party: Attorney General of Ontario
Counsel
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartlett-hughes@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Attorney General of Manitoba
Counsel
Gerry Bowering
405 Broadway Avenue
5th Floor
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-2863
FAX: (204) 945-1260
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.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.
(PUBLICATION BAN IN CASE)
(PUBLICATION BAN ON PARTY)
Legislation - Interpretation - Criminal law - Youth - Direct indictment - Whether Court of Appeal erred in finding that preferment of direct indictment was inconsistent with Youth Criminal Justice Act, S.C. 2002, c. 1 - Whether Court of Appeal erred in failing to make modifications required by circumstances for Youth Criminal Justice Act and Criminal Code in order to make s. 577 Cr.C. applicable so young persons and adults could be joined as co-accused in one indictment and tried together.
The Respondents were arrested with 16 adults following a major police operation that sought to put an end to the drug trafficking activities of a criminal organization. The Respondents were charged with several offences, including criminal organization offences. At the start of the period when the offences were committed, the Respondents had been young persons. The prosecution made a motion in the Youth Division to have a joint preliminary inquiry for all the accused in the Criminal and Penal Division of the Court of Québec. Judge Brosseau of the Court of Québec dismissed the motion. The prosecution then preferred a direct indictment against all the co-accused, both the adults and the young persons, under s. 577 of the Criminal Code.
Lower court rulings
Court of Quebec
505-03-013057-064
see file
Superior Court of Quebec
505-36-001106-071
see file
Court of Appeal of Quebec (Montréal)
2007 QCCA 1201, 500-08-000283-079
see file
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