Case information
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33771
Zotique Dault v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-10-18 | Appeal closed | |
| 2010-10-18 | Discontinuance of the appeal | Zotique Dault |
| 2010-09-21 | Order on motion to extend time | |
| 2010-09-21 |
Decision on motion to extend time, to serve and file the appellant's record, factum and book of authorities to Oct. 18/10, DeRg Granted |
|
| 2010-09-20 | Submission of motion to extend time, DeRg | |
| 2010-09-10 | Response to motion to extend time, Completed on: 2010-09-10 | Her Majesty the Queen |
| 2010-09-10 | Motion to extend time, to serve and file the Appellant's record, factum and book of authorities to Oct. 18/10, Completed on: 2010-09-10 | Zotique Dault |
| 2010-08-03 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-07-30 | Appeal hearing tentative date, 2011-03-23, (start time 9:30 am) | |
| 2010-06-21 | Notice of appeal, Completed on: 2010-06-21 | Zotique Dault |
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 |
|---|---|---|
| Dault, Zotique | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Dault, Zotique
Counsel
Gatineau, Quebec
J8X 3R3
Telephone: (819) 778-6511 Ext: 12
FAX: (819) 770-5703
Email: stevehoule70@hotmail.com
Party: Her Majesty the Queen
Counsel
17 rue Laurier
bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60448
FAX: (819) 772-3986
Summary
Keywords
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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.
Canadian Charter of Rights and Freedoms - Criminal law - Arbitrary detention - Search and seizure - Enforcement - Highway Safety Code, R.S.Q., c. C-24.2 - Canadian Charter of Rights and Freedoms, ss. 8, 9 and 24(2) - Criminal Code, R.S.C., c. C-46, ss. 253(b) and 255(1) - Controlled Drugs and Substances Act, S.C. 1996, c. 19 - Application of R. v. Grant, [2009] 2 S.C.R. 353, and R. v. Harrison, [2009] 2 S.C.R. 494.
The Appellant was charged, by summons, with two counts relating to care and control of a vehicle while impaired and one count relating to possession of cocaine. At trial, he filed a motion to exclude evidence based on s. 9 of the Canadian Charter of Rights and Freedoms (arbitrary detention). The trial judge allowed the motion and excluded all the evidence collected, and the Appellant was acquitted. The Superior Court dismissed the appeal. The majority of the Court of Appeal allowed the appeal and ordered a new trial. According to the majority, the courts below erred in law in finding that the entire police operation leading to the Appellant’s arrest constituted an unlawful detention. The majority was of the opinion that the trial judge’s analysis under s. 24(2) of the Charter was not consistent with the three steps described in Grant. Duval Hesler J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Superior Court of Quebec
550-36-000014-066, 2008 QCCS 5
Voir dossier
Court of Appeal of Quebec (Montréal)
500-10-004041-081
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
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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