Case information
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35223
Lise Trudel Thibault v. Her Majesty the Queen, et al.
(Quebec) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-05-28 | Close file on Leave | |
| 2013-05-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-05-24 | Judgment on leave sent to the parties | |
| 2013-05-23 |
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 200-10-002859-127, 2012 QCCA 2212, dated December 12, 2012, is dismissed without costs. Dismissed, without costs |
|
| 2013-04-15 | All materials on application for leave submitted to the Judges, (revised from LeB, Ka, Wa) to, Abe Ka Wa | |
| 2013-03-08 | Respondent's response on the application for leave to appeal, (Book Form), CD filed, Completed on: 2013-03-08 | Her Majesty the Queen |
| 2013-02-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-02-14 | Correspondence received from, Catherine Dumais dated Feb 14/13 re: confirmation of service | Her Majesty the Queen |
| 2013-02-11 | Application for leave to appeal, (Book Form), Completed on: 2013-02-11 | Lise Trudel Thibault |
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 |
|---|---|---|
| Thibault, Lise Trudel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Director of Criminal and Penal Prosecutions | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Grenier, Richard | Intervener | Active |
| Auger, Michel L. | Intervener | Active |
Counsel
Party: Thibault, Lise Trudel
Counsel
434, rue Sainte-Hélène
Montréal, Quebec
H2Y 2K7
Telephone: (514) 847-1100
FAX: (514) 847-1052
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
2828 boulevard Laurier
Tour 1, bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20894
FAX: (418) 644-3428
Email: daniel.gregoire@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca
Party: Director of Criminal and Penal Prosecutions
Counsel
2828 boulevard Laurier
Tour 1, bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20894
FAX: (418) 644-3428
Email: daniel.gregoire@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca
Party: Grenier, Richard
This party is not represented by counsel.
Party: Auger, Michel L.
This party is not represented by counsel.
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.
Crown law – Prerogatives – Immunity – Applicant appearing on criminal charges for acts committed while she held office of Lieutenant Governor – As Lieutenant Governor, whether applicant had absolute immunity from criminal prosecution – Interpretation Act, R.S.C. 1985, c. I 21, s. 17.
From 1997 to 2007, the applicant Ms. Thibault held the office of Lieutenant Governor of Quebec. In 2009, she appeared in the Court of Québec on charges of abuse of trust, forgery, uttering a forged document and fraud. At the end of the preliminary inquiry, Judge Auger committed Ms. Thibault for trial on the six counts and specified the events alleged.
Ms. Thibault then filed a motion in the Superior Court for a writ of certiorari. She argued that Judge Auger had exceeded his jurisdiction by committing her for trial because, as Lieutenant Governor, she was the representative of the Queen of England in Quebec and as such was not subject to the criminal justice system, in light of the principle that “the King can do no wrong”.
Grenier J. of the Superior Court found that Ms. Thibault did not enjoy absolute immunity. Rather, her immunity attached to the performance of her functions. He held that the scope of the relative immunity enjoyed by Ms. Thibault at the relevant time was an issue that should be decided by the trial judge on the basis of the evidence, so he referred the motion for a writ of certiorari to that judge. The Court of Appeal dismissed Ms. Thibault’s appeal.
Lower court rulings
Superior Court of Quebec
200-36-001884-121
Motion for writ of certiorari referred to trial judge
Court of Appeal of Quebec (Québec)
200-10-002859-127, 2012 QCCA 2212
Appeal dismissed
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