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.
37530
Lyle David Pierce 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) |
|---|---|---|
| 2017-07-04 | Close file on Leave | |
| 2017-06-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-06-30 | Judgment on leave sent to the parties | |
| 2017-06-29 |
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 file a lengthy memorandum of argument is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005512-130, 2016 QCCA 1163, dated July 11, 2016, is dismissed. Dismissed |
|
| 2017-06-29 |
Decision on motion to file a lengthy memorandum of argument, See judgement on application for leave to appeal. Granted |
|
| 2017-06-29 |
Decision on motion to extend time to file and /or serve the leave application, See judgment on application for leave to appeal. Granted |
|
| 2017-05-29 | All materials on application for leave submitted to the Judges | |
| 2017-05-29 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2017-05-29 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-05-25 | Supplemental document, (Letter Form), submissions in support of reply | Lyle David Pierce |
| 2017-05-24 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-05-25 | Lyle David Pierce |
| 2017-05-12 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2017-05-12 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2017-05-12 | 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: 2017-05-12 | Her Majesty the Queen |
| 2017-05-12 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-05-12 | Her Majesty the Queen |
| 2017-05-04 | Correspondence received from, (Letter Form), the applicant, amended notice and summary of the file. Will provide an updated address once released. | Lyle David Pierce |
| 2017-04-19 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 2017/04/19 | |
| 2017-04-03 | Supplemental document, (Book Form), Hand written authorities; 1 copy rec'd | Lyle David Pierce |
| 2017-04-03 | Motion to file a lengthy memorandum of argument, (Letter Form), Completed on: 2017-04-03 | Lyle David Pierce |
| 2017-04-03 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2017-04-03 | Lyle David Pierce |
| 2017-03-13 | Correspondence received from, the applicant, he is working to complete the required documents needed to complete his application for leave to appeal. | Lyle David Pierce |
| 2016-12-07 | Letter requesting further materials; Court file number not assigned | |
| 2016-11-04 | Certificate (on limitations to public access), (Letter Form), letter indicating there is a ban that exists. | Lyle David Pierce |
| 2016-11-04 | Application for leave to appeal, (Book Form), Memorandum of argument, notice of application and decisions all rec'd as separate documents. Motion to extend time and motion for lengthy memorandum required-both rec'd 2017/04/03, Completed on: 2017-04-12 | Lyle David Pierce |
| 2016-08-03 | Letter requesting further materials; Court file number not assigned | |
| 2016-07-28 | Letter acknowledging receipt of a notice of application for leave to appeal | |
| 2016-07-28 | Notice of application for leave to appeal, (Letter Form), amended notice rec'd 2017/05/04, Completed on: 2017-03-08 | Lyle David Pierce |
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 |
|---|---|---|
| Pierce, Lyle David | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Pierce, Lyle David
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
1, rue Notre-Dame
bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 283-8746
FAX: (514) 283-3856
Email: maude.payette@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Evidence — Consent — Trial — Ineffective assistance of counsel — Applicant found guilty of sexual assault — Consent — Was the applicant denied a fair trial? — Does the applicant raise a question of public interest?
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.
The applicant was convicted of sexual assault. The trial judge found that the complainant lacked the capacity to consent, due to her intoxication. The trial judge also found that the applicant’s belief that the complainant was consenting was a result of his willful blindness and his failure to take reasonable or any steps to ascertain that this intoxicated person was consenting to sexual activity.
Lower court rulings
Court of Quebec
2013 QCCQ 12184, 500-01-041187-102
Conviction: sexual assault
Court of Quebec
2014 QCCQ 10612, 500-01-041187-102
Sentence: 15 months imprisonment and two years of probation
Court of Appeal of Quebec (Montréal)
2016 QCCA 1163, 500-10-005512-130
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