Case information
Consult our database for details on a Supreme Court of Canada case.
38053
Isaël Blais 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) |
|---|---|---|
| 2019-07-05 | Close file on Leave | |
| 2019-07-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-07-05 | Judgment on leave sent to the parties | |
| 2019-07-04 |
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 (Québec), Number 200-10-003284-168, 2017 QCCA 1774, dated November 9, 2017, is dismissed. Dismissed |
|
| 2019-07-04 |
Decision on motion to extend time to file and /or serve the leave application, See decision on Application. Granted |
|
| 2018-08-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-08-13 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-05-09 | Notice of name, (Letter Form) | Her Majesty the Queen |
| 2018-05-09 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2018-05-09 | Book of authorities, (Book Form), Completed on: 2018-05-07 | Her Majesty the Queen |
| 2018-05-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-05-09 | Her Majesty the Queen |
| 2018-04-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, FiLE OPENED 11/04/2018 | |
| 2018-03-27 | Certificate (on limitations to public access), (Letter Form) | Isaël Blais |
| 2018-03-27 | Application for leave to appeal, (Book Form), Missing Notice of application for leave to appeal (rc'd on 2018/04/06), electronic version (received on 06/04/2018) and proof of service(rc'd on 09/04/2018). signature memorandum (rc'd 2018/04/19) and judgment inferior court (decision rendered on bench), Completed on: 2018-04-25 | Isaël Blais |
| 2018-01-08 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Amanded version rc'd on 2018/03/27, missing proof of service (rec'd on 09/04/2018) and electronic version (rc'd on 06/04/2018), Completed on: 2018-04-11 | Isaël Blais |
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 |
|---|---|---|
| Blais, Isaël | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Blais, Isaël
Counsel
400, boul. Jean-Lesage, bur. 310
Québec, Quebec
G1K 8W1
Telephone: (418) 835-3853
FAX: (418) 521-5142
Email: nicola@dumasgagne.com
Party: Her Majesty the Queen
Counsel
2828, boulevard Laurier, Tour 1
Bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20934
FAX: (418) 644-3428
Email: nicolas.abran@dpcp.gouv.qc.ca
Agent
17, rue Laurier
bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60446
FAX: (819) 772-3986
Email: sandra.bonanno@dpcp.gouv.qc.ca
Summary
Keywords
Charter – Criminal law – Search and seizure – Interception of communications – Text messages – Prior judicial authorization – Whether initiating and carrying on conversation by text messaging in order to gather evidence and use it at future trial amounts to surreptitious recording of private communication within meaning of Part VI of Criminal Code, R.S.C. 1985, c. C-46, even where one participant consents because he is agent of state – If so, whether recording such communication without prior judicial authorization is contrary to Charter – If so, whether incriminating evidence obtained as result should be excluded under s. 24(2) of Charter.
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.
Using a cell phone seized during an investigation concerning a person who was the main drug dealer at a secondary school, a police officer texted Mr. Blais and asked whether he could sell him drugs. After a few exchanges, Mr. Blais agreed to meet him and sell him 30 methamphetamine tablets. When Mr. Blais arrived at the agreed meeting place, he was arrested by the police. He was convicted of nine counts of trafficking in a substance and possession for the purpose of trafficking. On appeal, he argued, among other things, that prior judicial authorization was required for a police officer to initiate communication by text messaging using the identity of a third party whose cell phone had been lawfully seized. The Court of Appeal dismissed the appeal.
Lower court rulings
Court of Quebec
300-01-014300-141, 300-01-014301-149
Motion to exclude evidence dismissed
Court of Quebec
300-01-014300-141, 300-01-014301-149
Applicant convicted of nine counts of trafficking in substance and possession for purpose of trafficking
Court of Quebec
300-01-014300-141, 300-01-014301-149
Motion for stay of proceedings dismissed
Court of Appeal of Quebec (Québec)
200-10-003284-168, 2017 QCCA 1774
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