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.
36992
Serge Takri v. Her Majesty the Queen
(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) |
|---|---|---|
| 2016-09-02 | Close file on Leave | |
| 2016-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-08-26 | Judgment on leave sent to the parties | |
| 2016-08-25 |
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 500-10-005296-122, 2015 QCCA 690, dated April 24, 2015, is dismissed. Dismissed |
|
| 2016-08-25 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on leave application. Granted |
|
| 2016-07-11 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-07-11 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2016-06-01 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-30) | Her Majesty the Queen |
| 2016-06-01 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-06-01 | Her Majesty the Queen |
| 2016-06-01 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-06-01, (Electronic version filed on 2016-05-30) | Her Majesty the Queen |
| 2016-05-16 | Correspondence received from, (Letter Form), Applicant re: Publication Ban Order., (Electronic version filed on 2016-05-16) | Serge Takri |
| 2016-05-04 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2016-05-04. | |
| 2016-05-03 | Certificate (on limitations to public access), (Letter Form), Amended version received 2016-05-09., (Electronic version filed on 2016-05-03) | Serge Takri |
| 2016-05-03 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2016-05-03 | Serge Takri |
| 2016-05-03 | Application for leave to appeal, (Book Form), (8 volumes), Proof of service missing., Completed on: 2016-05-04, (Electronic version filed on 2016-05-03) | Serge Takri |
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 |
|---|---|---|
| Takri, Serge | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Takri, Serge
Counsel
1595, rue Saint-Hubert
Suite 400
Montréal, Quebec
H2L 3Z2
Telephone: (514) 526-6625
FAX: (514) 524-4341
Email: reginalvictorin@hotmail.com
Party: Her Majesty the Queen
Counsel
Julie Pelletier
1, rue Notre-Dame Est
Bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52139
FAX: (514) 873-9895
Email: christine.richard@dpcp.gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@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.
(PUBLICATION BAN IN CASE)
Criminal law – Sexual assault – Forcible confinement – Appeals – Unreasonable verdict – Defence of honest but mistaken belief in consent – Whether trial judge erred in not considering defence of mistake of fact as to consent – Whether verdict unreasonable.
Mr. Takri was convicted of two counts of sexual assault and one count of forcible confinement. The only issue at trial was consent. On appeal, Mr. Takri argued that the trial judge had not given sufficient reasons for her decision, had erred in refusing to use certain photographs, had not followed the principles laid down by the Court in R. v. W.(D.), [1991] 1 S.C.R. 742, and had handed down an unreasonable verdict. The Court of Appeal unanimously dismissed the appeal.
Lower court rulings
Court of Quebec
500-01-014252-073
Applicant convicted of two counts of sexual assault (s. 271(1)(a) Criminal Code) and one count of forcible confinement (s. 279(2)(a) Criminal Code)
Court of Appeal of Quebec (Montréal)
2015 QCCA 690, 500-10-005296-122
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