Case information
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35404
Jennifer Camiran v. Her Majesty the Queen
(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) |
|---|---|---|
| 2013-09-23 | Close file on Leave | |
| 2013-09-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-09-20 | Judgment on leave sent to the parties | |
| 2013-09-19 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-004574-107, 2013 QCCA 452, dated March 14, 2013, is dismissed without costs. Dismissed, without costs |
|
| 2013-09-19 |
Decision on motion to extend time to file and /or serve the leave application, see decision on leave application Granted |
|
| 2013-08-19 | All materials on application for leave submitted to the Judges, LeB Ka Wa | |
| 2013-08-19 | Submission of motion to extend time to file and/ or serve the leave application, LeB Ka Wa | |
| 2013-07-22 | Respondent's response on the application for leave to appeal, Completed on: 2013-07-22 | Her Majesty the Queen |
| 2013-06-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-06-21 | Application for leave to appeal, (4 volumes), Completed on: 2013-06-21 | Jennifer Camiran |
| 2013-06-11 | Motion to extend the time to file and or serve the application for leave to appeal, Included in Notice of application, Completed on: 2013-06-11 | Jennifer Camiran |
| 2013-06-11 | Notice of application for leave to appeal, Extension of time included, Completed on: 2013-06-24 | Jennifer Camiran |
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 |
|---|---|---|
| Camiran, Jennifer | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Camiran, Jennifer
Counsel
440, rue Saint-Louis
Joliette, Quebec
J6E 2Y8
Telephone: (450) 759-2500
FAX: (450) 759-8682
Party: Her Majesty the Queen
Counsel
4.100 - 1, rue Notre-Dame est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
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
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.
Charter of Rights – Criminal law – Right to be tried within reasonable time – Stay of proceedings – Whether Court of Appeal erred in allowing Crown’s appeal and dismissing motion for stay of proceedings.
The applicant Ms. Camiran was charged with criminal negligence causing death and impaired driving causing death. At trial, she presented a motion for a stay of proceedings. Forty months had passed between the laying of the charges and the motion for a stay of proceedings. The trial judge ordered that the proceedings be stayed because of the delay, which he characterized as excessive. The Court of Appeal allowed the appeal and dismissed the motion. It found that, despite the length of the delay attributable to the prosecution and the system, and having regard to the alleged prejudice placed in context, the fact that the defence had been in no hurry to move the case along quickly, the complexity of the case and the interest of society and the victims’ families in the adjudication of the case on its merits, the trial judge had erred in staying the proceedings.
Lower court rulings
Court of Quebec
705-01-046944-064
Stay of proceedings ordered
Court of Appeal of Quebec (Montréal)
2013 QCCA 452, 500-10-004574-107
Appeal allowed; motion for stay of proceedings 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