Case information
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37144
Jacques Cyr 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) |
|---|---|---|
| 2016-11-15 | Close file on Leave | |
| 2016-11-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-14 | Judgment on leave sent to the parties | |
| 2016-11-10 |
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 motion to adduce new evidence is dismissed. The motion for a stay of execution is dismissed. The motion for an extension of time to serve and file the response is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006113-169, 2016 QCCA 497, dated March 23, 2016, is dismissed without costs. Dismissed, without costs |
|
| 2016-11-10 |
Decision on motion to extend time Granted |
|
| 2016-11-10 |
Decision on the motion for a stay of execution Dismissed |
|
| 2016-11-10 |
Decision on the miscellaneous motion, CJ Wa Ga Dismissed |
|
| 2016-11-10 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2016-10-17 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-10-17 | Submission of miscellaneous motion, to adduce new evidence, CJ Wa Ga | |
| 2016-10-17 | Submission of motion to extend time, CJ Wa Ga | |
| 2016-10-17 | Submission of motion to extend time to file and/ or serve the leave application, CJ Wa Ga | |
| 2016-10-17 | Submission of motion for a stay of execution, CJ Wa Ga | |
| 2016-10-11 | Applicant's reply to respondent's argument, Completed on: 2016-10-11 | Jacques Cyr |
| 2016-09-30 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2016-09-30 | Book of authorities | Her Majesty the Queen |
| 2016-09-30 | Motion to extend time, (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-09-30 | Her Majesty the Queen |
| 2016-09-30 | Respondent's response on the application for leave to appeal, Completed on: 2016-09-30 | Her Majesty the Queen |
| 2016-08-22 | Letter advising parties of a complete application for leave to appeal, File opened on 2016-08-22 | |
| 2016-07-11 | Notice of miscellaneous motion, (Book Form), to adduce new evidence, Completed on: 2016-07-07 | Jacques Cyr |
| 2016-07-11 | Certificate (on limitations to public access), (Included in the motion to extend the time to file and or serve the application for leave to appeal) | Jacques Cyr |
| 2016-07-11 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2016-07-11 | Jacques Cyr |
| 2016-06-01 | Motion for a stay of execution, (Letter Form), Completed on: 2016-06-01 | Jacques Cyr |
| 2016-06-01 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2016-05-26 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-05-25 | Application for leave to appeal, (Book Form), Notice, certificate and judgments rec'd on 2016-07-11 - 2 separate CDs titled Autobus Scolaire and Dossier Cour criminel filed with application, Completed on: 2016-05-25 | Jacques Cyr |
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 |
|---|---|---|
| Cyr, Jacques | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Cyr, Jacques
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
775, rue Gosford
Montréal, Quebec
H2Y 3B9
Telephone: (514) 872-2554
FAX: (514) 872-3400
Summary
Keywords
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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.
Canadian Charter of Rights and Freedoms – Criminal law – Appeals from judgment dismissing appeal from Municipal Court judgment convicting applicant of assault and intimidation charges – Application of ss. 7, 11(d) and (g) and 24 of Charter, arts. 32, 33, 34 and 599 of Civil Code of Québec, ss. 38(d)(1) and (2) and 39 of Youth Protection Act, ss. 14 and 18 of Education Act and ss. 9 a. (1) and (2), 10 a. (1) and (2), 11, 12 a. (1), (1.1) and (2), 17 and 18 of Canada Evidence Act.
Mr. Cyr and Ms. Miron were spouses from 1999 to 2004, and their son was born a few days after they separated. Multiple family proceedings were subsequently brought in the civil courts. On the morning of March 12, 2012, an incident occurred when Ms. Miron took her son to school and Mr. Cyr showed up there. He was charged with assault, intimidation, harassing telephone calls, criminal harassment and death threats.
Lower court rulings
Municipal Court of Montreal
Applicant convicted of assault and intimidation
Superior Court of Quebec
500-36-006719-135
Motion to adduce new evidence dismissed; appeal dismissed: trial judgment affirmed
Court of Appeal of Quebec (Montréal)
2016 QCCA 497, 500-10-006113-169
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 613‑996‑7933 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