Case information
Consult our database for details on a Supreme Court of Canada case.
39725
Émile Yombo 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) |
|---|---|---|
| 2022-06-23 | Close file on Leave | |
| 2022-06-23 | Reconsideration not accepted for filing, Letter by the Registrar (sent by email) | |
| 2022-06-07 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2022-01-06 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2022-04-28 | Émile Yombo |
| 2021-12-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-12-16 | Judgment on leave sent to the parties | |
| 2021-12-16 |
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 500-10-006942-187, 2020 QCCA 1738, dated December 17, 2020, is dismissed. Dismissed |
|
| 2021-11-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-08-11 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2021-10-05, (Printed version due on 2021-08-18) | Émile Yombo |
| 2021-08-11 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-18) | Her Majesty the Queen |
| 2021-08-11 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2021-10-05, (Printed version filed on 2021-08-13) | Her Majesty the Queen |
| 2021-07-15 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-07-15 | |
| 2021-03-03 | Supplemental document, Supplemental document-1 (Fax Reports) | Émile Yombo |
| 2021-03-03 | Certificate (on limitations to public access), (Letter Form), (Included in the supplemental document), (Printed version due on 2021-03-10) | Émile Yombo |
| 2021-01-11 |
Application for leave to appeal, (Book Form), (2 volumes), Still require: - re-amended notice containing correct CA file number (rec'd 2021-10-29) Previously required material, now received: -public access to info - rec'd 2021-03-03 -respondent's contact information not provided with application, need confirmation - rec'd 2021-07-12 -amended notice containing CA file number - rec'd 2021-08-06 -final/signed copy of the CA decision - rec' 2021-08-06 -proof of service - rec'd 2021-07-09 --complete copy of the TC decision - rec' 2021-08-06, Completed on: 2021-11-12, (Electronic version filed on 2021-02-05) |
Émile Yombo |
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 |
|---|---|---|
| Yombo, Émile | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Yombo, Émile
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 Ext: 52082
FAX: (514) 873-9895
Email: mathieu.locas@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Sentencing — Long term offender designation — Sentence of imprisonment of two years or more — Self represented applicant — Duty to assist — Whether courts below made palpable and overriding error by making proceedings unfair for applicant, who was self represented — Whether courts below erred in law in their analysis by finding applicant to be long term offender — Whether applicant, who is self represented, meets criteria of his grounds of appeal regarding public interest, in respect of both sentence and long term offender designation — Criminal Code, R.S.C. 1985, c. C 46, s. 753.1.
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, Émile Yombo, pleaded guilty to a total of 12 charges, most of them for crimes of violence against the person involving the use of pepper spray. Pre sentence and psychiatric reports indicated that Mr. Yombo had a [TRANSLATION] “high” or “major” risk of reoffending. A Court of Québec judge found Mr. Yombo to be a long term offender. He was made subject to long term supervision for five years. He was given an aggregate sentence of 45 months’ imprisonment but granted a 24 month credit for pre sentence custody.
The Court of Appeal dismissed Mr. Yombo’s motion to adduce fresh evidence, granted his motion for leave to appeal the sentences and dismissed his appeals from the long term offender designation and the sentences. With regard to the lawfulness of the long term offender designation, the Court of Appeal found that when an application for such a designation is being considered, it is the total sentence for all offences that must meet the minimum threshold of two years’ imprisonment, before pre sentence custody is taken into account. In light of the evidence as a whole, it had not been shown that the long term offender designation was unreasonable or that the proceedings had been unfair.
Lower court rulings
Court of Quebec
500-01-158158-177 ;, 500-01-158159-175 ;, 500-01-158160-173 ;, 500-01-158171-170 ;, 500-01-158983-178 ;, 500-01-158985-173 ;, 500-01-160159-171 ;, 500-01-160165-178 ;, 500-01-160181-175 ;
Applicant found to be long term offender and sentenced to imprisonment for 45 months (21 months in light of pre sentence custody)
Court of Appeal of Quebec (Montréal)
2020 QCCA 1738;, 500-10-006942-187
Motion for leave to appeal sentences granted, motion to adduce fresh evidence dismissed, and appeals from long term offender designation and sentences 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