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.
37121
Lumumba Patrice Olenga 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) |
|---|---|---|
| 2016-11-07 | Close file on Leave | |
| 2016-11-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-04 | Judgment on leave sent to the parties | |
| 2016-11-03 |
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 500-10-005889-157, 2016 QCCA 785, dated May 5, 2016, is dismissed. Dismissed |
|
| 2016-10-03 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-09-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-09-06, (Electronic version filed on 2016-09-06) | Lumumba Patrice Olenga |
| 2016-08-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-08-29) | Her Majesty the Queen |
| 2016-08-29 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-08-29, (Electronic version filed on 2016-08-29) | Her Majesty the Queen |
| 2016-08-22 | Correspondence (sent by the Court) to, fee waiver granted | |
| 2016-08-19 | Correspondence received from, (Letter Form), fee waiver granted 2016/08/22; Fees refunded to applicant. | Lumumba Patrice Olenga |
| 2016-08-09 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2016/08/09 | |
| 2016-08-05 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-08-05 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal) | Lumumba Patrice Olenga |
| 2016-08-05 | Application for leave to appeal, (Book Form), Procés-verbal dated 2016/09/06 included separately, Completed on: 2016-08-05, (Electronic version filed on 2016-08-05) | Lumumba Patrice Olenga |
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 |
|---|---|---|
| Olenga, Lumumba Patrice | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Olenga, Lumumba Patrice
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
1, rue Notre-Dame Est
Bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
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 – Prerogative writs – Certiorari – Whether Superior Court exceeded its jurisdiction in committing Mr. Olenga for trial – Whether evidence was sufficient for jury reasonably instructed as to law to reach guilty verdict – Whether there was direct evidence of all essential elements of alleged offences.
Following a preliminary inquiry, a judge of the Court of Québec committed Mr. Olenga for trial on one count of intimidation and one count of uttering threats. He had been accused of intimidating and threatening a representative of the Direction de la protection de la jeunesse during telephone calls. In response, Mr. Olenga filed a motion for certiorari. The Superior Court dismissed the motion. The Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
500-01-065337-112, 500-01-065338-110, 500-36-006038-114
see file
Court of Quebec
Applicant committed to trial on one count of intimidation (s. 423(1)(a) Cr. C.) and one count of uttering threats (ss. 264.1(1)(a) and 2(a) Cr. C.)
Superior Court of Quebec
500-36-007254-140
Motion for certiorari dismissed
Court of Appeal of Quebec (Montréal)
2016 QCCA 785, 500-10-005889-157
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