Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
35288
Kevin Perry v. Her Majesty the Queen, et al.
(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) |
|---|---|---|
| 2013-11-26 | Close file on Leave | |
| 2013-11-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-11-22 | Judgment on leave sent to the parties | |
| 2013-11-21 |
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 (Montréal), Number 500-10-004899-116, 2013 QCCA 212, dated February 6, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-09-30 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-04-26 | Book of authorities, (Book Form) | Attorney General of Quebec |
| 2013-04-26 | Respondent's response on the application for leave to appeal, Completed on: 2013-04-26 | Attorney General of Quebec |
| 2013-04-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-03-28 | Application for leave to appeal, Completed on: 2013-03-28 | Kevin Perry |
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 |
|---|---|---|
| Perry, Kevin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
Counsel
Party: Perry, Kevin
Counsel
507, place d'Armes
Bureau 1400
Montréal, Quebec
H2Y 2W8
Telephone: (514) 357-2551
FAX: (514) 843-9541
Email: louisgelinas@gltavocats.com
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
2050, rue de Bleury
Suite 8.88
Montréal, Quebec
H3A 2J5
Telephone: (514) 873-3922
FAX: (514) 864-0847
Email: virginie.leblond@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: Attorney General of Quebec
Counsel
Julie Dassylva
Marie-Catherine Bolduc
300, boul. Jean-Lesage
Bureau 1.03
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524
FAX: (418) 646-1656
Email: jean-francois.pare@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
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 – Criminal law – Legislative exclusion of judicial option of sentence to be served in community for cases of dangerous operation causing serious injury – Offender driving illegally involved in high speed street race that killed one person and injured two others – Whether legislative exclusion in issue unconstitutional – Constitution Act, 1982, ss. 7, 9 and 12 – Criminal Code, R.S.C. 1985, c. C 46, ss. 249.4(3) and (4), 742.1 and 752.
On October 10, 2008, the applicant, who was 19 years old, was driving his motorcycle illegally, since his licence had been suspended for speeding and other offences that had cost him dozens of demerit points. In a zone where the speed limit was 50 km/h, he took part in a race at 120 km/h with a friend who was also on a motorcycle. Each of them had a passenger. The friend lost control and collided with an oncoming car; he was killed and his passenger was seriously injured, while the driver of the car suffered severe nervous shock. The applicant pleaded guilty to charges of dangerous operation causing death and dangerous operation causing bodily harm. During the submissions on sentencing, he challenged the constitutionality of the sections in issue on the ground that excluding a conditional sentence for such crimes was contrary to the Charter.
Lower court rulings
Court of Quebec
2011 QCCQ 2293, 700-01-082733-083
See file
Court of Appeal of Quebec (Montréal)
2013 QCCA 212, 500-10-004899-116
See file
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