Case information
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33798
Patrick Shallow, et al. v. Claude Simard, in his capacity as Police Ethics Commissioner
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-06-09 | Close file on Leave | |
| 2011-05-30 | Certificate of taxation issued to, Pierre Landry | |
| 2011-05-25 | Decision on the bill of costs, in the amount of $2,421.58, Reg | |
| 2011-05-25 | Submission of the bill of costs, Reg | |
| 2011-02-04 | Bill of costs, Completed on: 2011-02-04 | Claude Simard, in his capacity as Police Ethics Commissioner |
| 2010-11-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-11-05 | Judgment on leave sent to the parties | |
| 2010-11-04 |
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 (Québec), Number 200-09-006415-084, 2010 QCCA 1019, dated May 20, 2010 is dismissed with costs to the respondent Claude Simard, in his capacity as Police Ethics Commissioner. Dismissed, with costs |
|
| 2010-09-30 | Respondent's response on the application for leave to appeal, (Letter Form), from M. Coderre dated Sept. 20/10 re: will not file a formal response but are in support of application for leave (by fax), Completed on: 2010-09-30 | Fraternité des policiers et policières de Montréal |
| 2010-09-27 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-09-16 | Respondent's response on the application for leave to appeal, (Letter Form), from André Fiset, dated Sept.16-10, by fax Re: will not file a formal response but are in support of application for leave., Completed on: 2010-09-16 | Association des policières et policiers provinciaux du Québec |
| 2010-09-15 | Respondent's response on the application for leave to appeal, Completed on: 2010-09-15 | Claude Simard, in his capacity as Police Ethics Commissioner |
| 2010-09-14 | Respondent's response on the application for leave to appeal, (Letter Form), from Serge Gagné, by fax, dated Sept.13-10, Re: agree to arguments in application, Completed on: 2010-09-14 | Fédération des policiers et policières municipaux du Québec |
| 2010-08-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-08-17 | Application for leave to appeal, (3 volumes), Completed on: 2010-08-18 | Patrick Shallow |
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 |
|---|---|---|
| Shallow, Patrick | Applicant | Active |
| Jean-René Rouleau, Vincent Gagné-Gauthier and Gaby Garneau | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Claude Simard, in his capacity as Police Ethics Commissioner | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Fédération des policiers et policières municipaux du Québec | Intervener | Active |
| Association des policières et policiers provinciaux du Québec | Intervener | Active |
| Fraternité des policiers et policières de Montréal | Intervener | Active |
Counsel
Party: Shallow, Patrick
Counsel
Édifice Delta 1, 10e étage
2875, boul. Laurier
Sainte-Foy, Quebec
G1V 2M2
Telephone: (418) 529-1784
FAX: (418) 529-6077
Email: rmonette@deblois-avocats.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Jean-René Rouleau, Vincent Gagné-Gauthier and Gaby Garneau
Counsel
Édifice Delta 1, 10e étage
2875, boul. Laurier
Sainte-Foy, Quebec
G1V 2M2
Telephone: (418) 529-1784
FAX: (418) 529-6077
Email: rmonette@deblois-avocats.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Claude Simard, in his capacity as Police Ethics Commissioner
Counsel
454, Place Jacques-Cartier
5e étage
Montréal, Quebec
H2Y 3B3
Telephone: (514) 864-1784 Ext: 225
FAX: (514) 864-3552
Email: maurice.cloutier@msp.gouv.qc.ca
Party: Fédération des policiers et policières municipaux du Québec
Counsel
7955, boul. Louis-H. Lafontaine
Anjou, Quebec
H1K 4E4
Telephone: (514) 356-3346
FAX: (514) 356-1248
Email: sgagne@trudelnadeau.com
Party: Association des policières et policiers provinciaux du Québec
Counsel
441, rue de La Gauchetière Est
Montréal, Quebec
H2L 2M7
Telephone: (514) 849-7791
FAX: (514) 849-0295
Party: Fraternité des policiers et policières de Montréal
Counsel
Saint-Hubert, Quebec
J3Y 9H5
Telephone: (450) 445-5845
FAX: (450) 445-1761
Email: marioc@fppm.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.
Administrative law - Discretion - Judicial review - Individual dying following police action - Coroner concluding that death accidental - Chief Coroner deciding to order public inquest - Whether Court of Appeal gave Chief Coroner discretion going beyond her statutory discretion - Whether Court of Appeal erred in finding that Chief Coroner had absolute discretion to hold public inquest - Act respecting the determination of the causes and circumstances of death, R.S.Q. c. R-0.2, ss. 104, 105.
On June 28, 2003, Michel Berniquez, who was intoxicated, neglected to pay for a drink before getting involved in a street fight in Montréal-Nord. The police brought him under control, and an ambulance was called shortly thereafter. Mr. Berniquez died of cardiac arrhythmia. More than a year later, Coroner Ferland concluded that the death was accidental. On September 28, 2004, Chief Coroner Bellemare ordered a public inquest into the circumstances surrounding the death. Ms. Kronström was to preside at the inquest, which was to begin at the end of 2006. The preparations, in which counsel for the City and the police participated, lasted throughout 2005 and 2006. During that time, proceedings took shape and decisions were made, such as the Attorney General’s decision not to lay criminal charges. In September 2006, the police brought an action in nullity against the decision to hold an inquest or, in the alternative, against the inquest itself.
Lower court rulings
Superior Court of Quebec
200-17-009325-085, 2008 QCCS 2981
Action déclaratoire des policiers demandeurs accueillie; déclaration prononcée à l’effet que le Commissaire ne peut contraindre un ou des policiers à témoigner pendant la phase d’identification de celui qui est visé par la plainte.
Court of Appeal of Quebec (Québec)
200-09-006415-084, 2010 QCCA 1019
Appel accueilli; rejet de l’action déclaratoire des policiers.
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