Case information
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39453
Attorney General of Quebec v. Yvan Godbout
(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) |
|---|---|---|
| 2021-05-04 | Close file on Leave | |
| 2021-04-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-04-23 | Judgment on leave sent to the parties | |
| 2021-04-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Superior Court of Quebec, Number 765-01-034084-190, 2020 QCCS 2967, dated September 24, 2020, is dismissed for want of jurisdiction. Dismissed |
|
| 2021-03-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-02-04 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2021-03-05, (Printed version due on 2021-02-11) | Attorney General of Quebec |
| 2021-01-25 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-02-01) | Yvan Godbout |
| 2021-01-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-01-28, (Printed version filed on 2021-01-26) | Yvan Godbout |
| 2020-12-14 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 12/14/20 | |
| 2020-11-23 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2020-11-24) | Attorney General of Quebec |
| 2020-11-23 | Notice of name, (Letter Form), (Printed version filed on 2020-11-24) | Attorney General of Quebec |
| 2020-11-23 | Application for leave to appeal, (Book Form), Completed on: 2020-11-23, (Printed version filed on 2020-11-24) | Attorney General of Quebec |
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 |
|---|---|---|
| Attorney General of Quebec | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Godbout, Yvan | Respondent | Active |
Counsel
Party: Attorney General of Quebec
Counsel
1, rue Notre-Dame Est
Bureau 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51498
FAX: (514) 873-7074
Email: michel.deom@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Godbout, Yvan
Counsel
785, chemin de Chambly
Longueuil, Quebec
J4M 3M2
Telephone: (450) 748-1599
FAX: (450) 463-2358
Email: jpmarcoux@noncoupable.ca
Summary
Keywords
Charter of Rights and Freedoms — Constitutional law — Making child pornography — Whether s. 163.1(1)(c) Cr. C., when properly interpreted in conjunction with s. 163.1(6) Cr. C., is reasonable limit on s. 2(b) of Charter that can be demonstrably justified under s. 1 of Charter — Whether s. 163.1(1)(c) Cr. C., when properly interpreted in conjunction with s. 163.1(6) Cr. C., is consistent with s. 7 of Charter — If it infringes s. 7 of Charter, whether it is reasonable limit prescribed by law that can be demonstrably justified under s. 1 of Charter — Whether branch of defence relating to undue risk of harm from pornographic material to persons under age of 18 years, provided for in s. 163.1(6)(b) Cr. C., is consistent with ss. 2(b) and 7 of Charter — If s. 163.1(6)(b) Cr. C. infringes one of those sections, whether it is reasonable limit prescribed by law that can be demonstrably justified under s. 1 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.
The respondent, Yvan Godbout, is the author of a book entitled Hansel et Gretel. That novel of just over 250 pages recounts, among other things, the suffering and ordeal of a brother and sister who are physically, psychologically and sexually abused in a tale that is both science fiction and horror story. In 2018, Mr. Godbout was arrested after a citizen filed a complaint. He was charged with making child pornography (s. 163.1(2) of the Criminal Code), on the basis of the definition set out in s. 163.1(1)(c), in connection with his novel Hansel et Gretel. He applied for a declaration of unconstitutionality with respect to s. 163.1(1)(c), (2), (3), (4), (4.1) and (6) of the Criminal Code. The Quebec Superior Court allowed the application in part and declared s. 163.1(1)(c) and (6)(b) of the Criminal Code invalid and of no force or effect. It found that those provisions infringed ss. 2(b) and 7 of the Charter and that the infringements could not be justified under s. 1. As a result, Mr. Godbout was acquitted.
Lower court rulings
Superior Court of Quebec
2020 QCCS 2967, 765-01-034084-190
See file.
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
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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