Case information
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33308
Normand Whissel v. Her Majesty the Queen
(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) |
|---|---|---|
| 2009-11-20 | Close file on Leave | |
| 2009-11-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-11-20 | Judgment on leave sent to the parties | |
| 2009-11-19 |
Judgment of the Court on the application for leave to appeal, The motion for joint production of annexes is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-002930-046, 2009 QCCA 1130, dated June 11, 2009, is dismissed. Dismissed |
|
| 2009-11-19 |
Decision on the miscellaneous motion, The motion for joint production of annexes is granted. Granted |
|
| 2009-10-26 | All materials on application for leave submitted to the Judges, LeB De Cro | |
| 2009-10-26 | Submission of miscellaneous motion, LeB De Cro | |
| 2009-09-30 | Book of authorities, Joint with 33306, 33307 & 33309 (2 volumes) | Her Majesty the Queen |
| 2009-09-30 | Respondent's response on the application for leave to appeal, Joint with 33306, 33307 & 33309, Completed on: 2009-09-30 | Her Majesty the Queen |
| 2009-09-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2009-09-03 | Supplemental document, 6 copies of Table of Contents, 48 different volumes and 6 volumes of new evidence from the Court of Appeal. Joint with 33307, 33306 & 33309 | Normand Whissel |
| 2009-09-03 | Book of authorities | Normand Whissel |
| 2009-09-03 | Notice of miscellaneous motion, For permission to file the annexes joint - Included in the application, Completed on: 2009-09-03 | Normand Whissel |
| 2009-09-03 | Application for leave to appeal, Completed on: 2009-09-03 | Normand Whissel |
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 |
|---|---|---|
| Whissel, Normand | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Whissel, Normand
Counsel
84, rue Notre-Dame Ouest
Bureau 301
Montréal, Quebec
H2Y 1S6
Telephone: (514) 393-1444
FAX: (514) 393-1413
Email: lareau.avocate@videotron.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: Her Majesty the Queen
Counsel
Denis Gallant
2050, rue de Bleury
Bureau 8.88
Montréal, Quebec
H3A 2J5
Telephone: (514) 873-3922
FAX: (514) 864-0847
Agent
17, rue Laurier
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60411
FAX: (819) 772-3986
Email: pdesrosiers@justice.gouv.qc.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 - Appeals - Participation in activities of criminal organization - Drug trafficking - Conspiracy to commit murder - Instructions to jury - Reasonable verdict - Admission of new evidence - Admission of out-of-court statements - Ballistic examination evidence - Prejudicial evidence - Credibility of informant witnesses - Whether guilty verdicts reasonable - Whether admission of certain out-of-court statements prejudicial to accused - Whether trial judge made prejudicial error in instructing jury on knowledge in context of charge of participation in gang activities - Whether motion for new evidence properly dismissed - Whether motion to exclude ballistic examination evidence correctly decided.
Following a police operation related to the biker gang war, Normand Whissel was tried before a jury on several charges, including criminal organization offences, drug trafficking and conspiracy to commit murder. The evidence was basically made up of the testimony of two informants, items seized during searches, recordings of telephone conversations, expert testimony and surveillance summaries.
Normand Whissel was convicted.
On appeal from his conviction, he sought leave to adduce new evidence concerning the temporary absences granted to the informant witnesses and how this affected their credibility. He also challenged, inter alia, the reasonableness of the verdict, the hearsay evidence, the adequacy of the instructions and warnings given to the jury and the exclusion of certain evidence.
Lower court rulings
Superior Court of Quebec
500-01-013413-023, 540-01-022059-037
Whissel reconnu coupable par un jury de gangstérisme, trafic de drogues et complot de meutre
Court of Appeal of Quebec (Montréal)
2009 QCCA 1130, 500-10-002930-046
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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