Case information
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35993
Désiré Munyaneza v. Her Majesty the Queen
(Quebec) (Criminal) (By Leave)
(Publication ban in case) (Sealing order) (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) |
|---|---|---|
| 2014-12-22 | Close file on Leave | |
| 2014-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-12-19 | Judgment on leave sent to the parties | |
| 2014-12-18 |
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 500-10-004416-093, 2014 QCCA 906, dated May 7, 2014, is dismissed without costs. Dismissed, without costs |
|
| 2014-11-03 | All materials on application for leave submitted to the Judges, LeB Ka Ga | |
| 2014-09-18 | Applicant's reply to respondent's argument, (Book Form), Proof of service missing. Received 2014-09-18., Completed on: 2014-09-19, (Electronic version filed on 2014-09-18) | Désiré Munyaneza |
| 2014-09-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2014-09-08, (Electronic version filed on 2014-09-08) | Her Majesty the Queen |
| 2014-09-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2014-09-08) | Her Majesty the Queen |
| 2014-08-07 | Letter acknowledging receipt of a complete application for leave to appeal, File opened 2014-08-07. | |
| 2014-08-06 | Certificate (on limitations to public access), (Letter Form), (Electronic version due on 2014-08-13) | Désiré Munyaneza |
| 2014-08-06 | Application for leave to appeal, (Book Form), 5 volumes sealed. Redacted verson for volume I, III, IV and V., Completed on: 2014-08-07, (Electronic version filed on 2014-08-11) | Désiré Munyaneza |
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 |
|---|---|---|
| Munyaneza, Désiré | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Munyaneza, Désiré
Counsel
30, rue de la Gare, #200
Saint-Jérôme, Quebec
J7Z 2B8
Telephone: (450) 436-8166
FAX: (450) 436-6321
Agent
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: Her Majesty the Queen
Counsel
Brian Saunders
9 étage, Tour Est, Complexe Guy Faureaux
200, boul. René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8748
FAX: (514) 496-7372
Email: pascale.ledoux@ppsc-sppc.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.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.
(PUBLICATION BAN IN CASE) (SEALING ORDER) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
Criminal law — War crimes or crimes against humanity — Applicant being found guilty of genocide, crimes against humanity and war crimes in context of internal armed conflict in Rwanda in 1994 — Whether fact that at time in question in indictment, Criminal Code contained no provisions with respect to war crimes committed in context of non-international armed conflict constitutes justification, excuse or defence within meaning of s. 11 of Crimes Against Humanity and War Crimes Act — Whether article 24(2) of Rome Statute is applicable — Whether appropriateness of or need for Vetrovec warning must be analyzed globally on basis of words of indictment or, rather, in relation to each of underlying crimes or constituent elements thereof — Whether precision of indictment for war crimes, crimes against humanity and genocide is purely procedural question or whether its purpose is to ensure respect for fundamental rights of accused — Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24.
This application for leave to appeal concerns the guilty verdict entered following the first trial in Canada — that of the applicant, Désiré Munyaneza, a resident of this country — of a person charged with participating in the genocide in Rwanda. At the time of the Rwandan tragedy, the applicant was living in Rwanda, but he fled that country in July 1994, settling in Canada in 1997. The RCMP subsequently received information linking him to the genocide and began a lengthy investigation. In October 2005, the applicant was arrested and charged with seven counts under the Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24. Following a long trial, he was convicted on all seven counts and sentenced to life in prison. The Court of Appeal dismissed his appeal.
Lower court rulings
Superior Court of Quebec
2009 QCCS 2201, 500-73-002500-052
Applicant convicted on all seven counts
Court of Appeal of Quebec (Montréal)
2014 QCCA 906, 500-10-004416-093
Applicant’s 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 613‑996‑7933 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