Case information
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33842
Her Majesty the Queen v. S.D.
(Quebec) (Criminal) (As of Right)
(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) |
|---|---|---|
| 2011-04-01 | Transcript received, (60 pages) | |
| 2011-03-22 | Appeal closed | |
| 2011-03-21 |
Written reasons rendered after oral judgment, Bi LeB De F Cha Ro Cro, The appeal from the judgment of the Quebec Court of Appeal (Montréal), 2010 QCCA 1418, dated August 5, 2010, was heard on March 17, 2011 and the Court on that day delivered the following judgment orally: BINNIE J. – The majority of the Court would allow the appeal, Fish J. dissenting. The main issue in this appeal is whether the trial judge erred in law in convicting the respondent, who was charged with sexual interference with his daughter, on the basis of a date other than the one referred to in the indictment. The majority of the Court agree with the conclusion of Duval Hesler J.A., who dissented in the Court of Appeal, that [TRANSLATION] “trial fairness was not compromised . . . . The evidence accepted by the trial judge satisfied her beyond a reasonable doubt that the incident in question did in fact occur regardless of the exact time it took place” (para. 69). In our view, the defence was based entirely on a question relating to credibility. The respondent was in no way prejudiced. We consider the other arguments raised by the respondent in this case to be unfounded. The appeal is accordingly allowed and the Court of Appeal’s decision is reversed. The trial judge’s verdict is restored. FISH J. (dissenting) – According to the indictment in this case, which has to this date not been amended, the case the respondent had to meet was that he had touched the complainant for a sexual purpose [TRANSLATION] “between April 1, 2002 and May 31, 2002”. At trial, the complainant testified that the respondent had touched her for a sexual purpose not during the period mentioned in the indictment but in the summer of 2001. However, the trial judge convicted the respondent of touching the complainant for a sexual purpose neither during the period alleged in the indictment nor during the period mentioned by the complainant, but after September 22, 2002, the date the respondent purchased the futon on which the incident mentioned by the complainant allegedly took place. In these circumstances, and for the reasons given by Pelletier J.A. (with which Morissette J.A. concurred), I believe the respondent did not have the fair trial to which he was entitled. Accordingly, I would have dismissed the Crown’s appeal to this Court. Allowed |
|
| 2011-03-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-03-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-03-17 |
Judgment on the appeal rendered, Bi LeB De F Cha Ro Cro, The appeal from the judgment of the Quebec Court of Appeal (Montréal), 2010 QCCA 1418, dated August 5, 2010, was heard on March 17, 2011 and the Court on that day delivered the following judgment orally: BINNIE J. – The majority of the Court would allow the appeal, Fish J. dissenting. The appeal is accordingly allowed and the Court of Appeal’s decision is reversed. The trial judge’s verdict is restored. Allowed |
|
| 2011-03-17 | Respondent's condensed book, Submitted in Court (14 copies) | S.D. |
| 2011-03-17 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2011-03-17 | General proceeding, Questionnaire concerning the publication ban | S.D. |
| 2011-03-17 | General proceeding, Questionnaire concerning the publication ban | Her Majesty the Queen |
| 2011-03-17 | Acknowledgement and consent for video taping of proceedings, From both parties | |
| 2011-03-17 |
Hearing of the appeal, 2011-03-17, Bi LeB De F Cha Ro Cro Judgment rendered |
|
| 2011-03-09 | Order on motion to extend time | |
| 2011-03-09 |
Decision on motion to extend time, Reg, to serve and file the appellant's factum in response pursuant to rule 29(4) to March 7/11 Granted |
|
| 2011-03-09 | Submission of motion to extend time, Reg | |
| 2011-03-07 | Response to motion to extend time, email from Robert Jr Poirier dated March 2/11 (joint with motion), Completed on: 2011-03-07 | S.D. |
| 2011-03-07 | Motion to extend time, to serve and file the appellant's factum in response pursuant to rule 29(4) to March 7/11, Completed on: 2011-03-07 | Her Majesty the Queen |
| 2011-03-07 | Reply factum on appeal, 29(4), Completed on: 2011-03-07 | Her Majesty the Queen |
| 2011-03-01 | Notice of appearance, Joey Dubois and Mylène Grégoire will be present at the hearing. | Her Majesty the Queen |
| 2011-03-01 | Appeal perfected for hearing | |
| 2011-02-28 | Notice of appearance, Robert Poirier will be present at the hearing. | S.D. |
| 2011-02-08 | Respondent's book of authorities, Completed on: 2011-02-08 | S.D. |
| 2011-02-08 | Respondent's factum, Redacted electronic copy rec'd on March 3, 2011, Completed on: 2011-02-08 | S.D. |
| 2011-01-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-11-26 | Appellant's book of authorities, Completed on: 2010-11-26 | Her Majesty the Queen |
| 2010-11-26 | Appellant's record, (2 volumes), Completed on: 2010-11-26 | Her Majesty the Queen |
| 2010-11-26 | Appellant's factum, Completed on: 2010-11-26 | Her Majesty the Queen |
| 2010-11-16 | Notice of hearing sent to parties | |
| 2010-11-16 |
Appeal hearing scheduled, 2011-03-17, (start time 9:30 am) Judgment rendered |
|
| 2010-09-21 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2010-09-03 | Notice of appeal, AMENDED notice filed and served on September 13, 2010, Completed on: 2010-09-03 | 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.D. | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
180 Salaberry Ouest
Salaberry-de-Valleyfield, Quebec
J6T 2J2
Telephone: (450) 370-4000
FAX: (450) 370-3021
Agent
17, rue Laurier
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60411
FAX: (819) 772-3986
Email: pdesrosiers@justice.gouv.qc.ca
Party: S.D.
Counsel
30, avenue du Centenaire
Bureau 200-A
Salaberry-de-Valleyfield, Quebec
J6S 5X4
Telephone: (450) 370-3064
FAX: (450) 370-3068
Agent
136, rue Wright
Gatineau, Quebec
J8X 2G9
Telephone: (819) 772-3084
FAX: (819) 772-3105
Email: jcampeau@ccjo.qc.cq
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 - Indictment - Amendment - Whether majority of Court of Appeal erred in concluding that trial judge could not, following inquiry, amend date set out in indictment to make it conform to evidence adduced at trial - Criminal Code, R.S.C. 1985, c. C-46, s. 601.
The Respondent was convicted of the indictable offence of sexual interference under s. 151 of the Criminal Code. He challenged the guilty verdict on the ground, inter alia, that the trial judge could not convict him by accepting a date other than the one set out in the indictment. The majority of the Court of Appeal allowed the appeal and ordered a new trial. Duval Hesler J.A., dissenting, would have dismissed the appeal. She concluded that the evidence accepted by the trial judge had satisfied her beyond a reasonable doubt that the alleged incident had taken place, regardless of its exact time, and that amending the indictment had not affected the fairness of the trial.
Lower court rulings
Court of Quebec
760-01-038546-070
Voir dossier
Court of Appeal of Quebec (Montréal)
500-10-004330-096
Accueille le pourvoi
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