Case information
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36589
Gilles Patenaude v. City of Longueuil, 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) |
|---|---|---|
| 2015-12-15 | Close file on Leave | |
| 2015-12-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-12-11 | Judgment on leave sent to the parties | |
| 2015-12-10 |
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 500-10-005913-155, 2015 QCCA 1358, dated August 19, 2015, is dismissed. Dismissed |
|
| 2015-11-16 | All materials on application for leave submitted to the Judges, Cro Wa Côt | |
| 2015-09-16 | Respondent's response on the application for leave to appeal, (Letter Form), Will not participate, Completed on: 2015-09-16, (Electronic version filed on 2015-09-16) | City of Longueuil |
| 2015-09-15 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-09-15, (Electronic version filed on 2015-09-15) | Attorney General of Quebec |
| 2015-09-04 | Letter advising parties of a complete application for leave to appeal, File opened 2015-09-04 | |
| 2015-09-03 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-09-01 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Gilles Patenaude |
| 2015-09-01 | Application for leave to appeal, (Book Form), Completed on: 2015-09-01 | Gilles Patenaude |
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 |
|---|---|---|
| Patenaude, Gilles | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Longueuil | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
Counsel
Party: Patenaude, Gilles
This party is not represented by counsel.
Party: City of Longueuil
Counsel
100, place Charles-Le-Moyne
Bureau 293
Longueuil, Quebec
J4K 2T4
Telephone: (450) 463-7100 Ext: 2861
FAX: (450) 646-8878
Email: valerie.cohen@ville.longueuil.gc.ca
Party: Attorney General of Quebec
Counsel
1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
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 – Appeal – Leave to appeal – Whether applicant raising issue of law – Whether issue is of public importance.
Mr. Patenaude admitted that he had committed the offence in s. 310 of the Highway Safety Code but argued that he had a constitutional defence to raise. He alleged that s. 310 of the Highway Safety Code was contrary to s. 15.1 of the Canadian Charter. The Municipal Court rejected Mr. Patenaude’s defence. The Superior Court, which was of the opinion that the Municipal Court judge had been right to do so, found that the appeal had no reasonable chance of success and allowed the motion to dismiss the appeal. The Court of Appeal dismissed the motion for leave to appeal.
Lower court rulings
Superior Court of Quebec
500-36-001821-158
Motion to dismiss appeal allowed
Court of Appeal of Quebec (Montréal)
2015 QCCA 1358, 500-10-005913-155
Motion for leave to 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