Case information
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39867
3095-2899 Québec inc. v. Directeur des poursuites criminelles et pénales
(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) |
---|---|---|
2022-07-14 | Close file on Leave | |
2022-06-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2022-06-23 | Judgment on leave sent to the parties | |
2022-06-23 |
Judgment of the Court on the application for leave to appeal, The motion for leave to intervene filed by Association des stations de ski du Québec is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-007474-206, 2021 QCCA 1222, dated August 4, 2021, is dismissed. Dismissed |
|
2022-06-23 |
Decision on motion for leave to intervene, See decision on application. Dismissed |
|
2022-05-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
2022-05-02 | Submission of motion for leave to intervene, for consideration by the Court | |
2021-11-25 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-11-25) | Directeur des poursuites criminelles et pénales |
2021-11-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2021-12-02, (Printed version filed on 2021-11-25) | Directeur des poursuites criminelles et pénales |
2021-10-29 | Notice of name, (Letter Form), (Printed version filed on 2021-11-01) | Association des stations de ski du Québec |
2021-10-29 | Motion for leave to intervene, (Book Form), Completed on: 2021-11-17, (Printed version filed on 2021-11-01) | Association des stations de ski du Québec |
2021-10-27 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-10-27 | |
2021-10-01 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-11-05) | 3095-2899 Québec inc. |
2021-10-01 | Notice of name, (Letter Form), (Printed version filed on 2021-11-05) | 3095-2899 Québec inc. |
2021-10-01 | Application for leave to appeal, (Book Form), Amended notice required (rec'd 2021-11-04), Completed on: 2021-11-17, (Printed version filed on 2021-11-05) | 3095-2899 Québec inc. |
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 |
---|---|---|
3095-2899 Québec inc. | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Directeur des poursuites criminelles et pénales | Respondent | Active |
Other parties
Name | Role | Status |
---|---|---|
Association des stations de ski du Québec | Intervener | Pending |
Counsel
Party: 3095-2899 Québec inc.
Counsel
Andrée-Ann Robert
Bureau 1910
600, boul. De Maisonneuve Ouest
Montréal, Quebec
H3A 3J2
Telephone: (514) 397-0066 Ext: 249
FAX: (514) 397-0393
Email: francois.joubert@gasco.qc.ca
Party: Directeur des poursuites criminelles et pénales
Counsel
375, rue King Ouest
Sherbrooke, Quebec
J1H 6B9
Telephone: (819) 822-6920 Ext: 61863
FAX: (819) 920-9631
Email: juliette.menard-reid@dpcp.gouv.qc.ca
Party: Association des stations de ski du Québec
Counsel
1347, rue Nationale
Terrebone, Quebec
J6W 6H8
Telephone: (450) 765-2012 Ext: 112
FAX: (450) 765-2025
Email: matourillon@assq.qc.ca
Summary
Keywords
Provincial offences — Dams — Statement of offence issued to ski centre for performing work on dam without prior ministerial authorization — Conviction — Whether Court of Appeal erred in interpreting expression “structural alteration” to include maintenance of stone face of dam, in applying expression to dozen rocks out of 30,000 to 40,000 that had tumbled downstream, and in disregarding impact of legislative debates, context of Act, provisions of Act and Regulation thereunder — Whether Court of Appeal could intervene on issue of assessment of experts’ credibility, under art. 291 of Code of Penal Procedure, in order to restore trial judge’s judgment — Whether Court of Appeal erred in finding that in this case there was reasonable apprehension of bias on part of Superior Court judge and that presumption of her integrity was rebutted on basis that, following her oral judgment, she had issued revised transcript of her reasons — Dam Safety Act, CQLR, c. S 3.1.01, s. 5 — Code of Penal Procedure, CQLR, c. C-25.1, art. 291.
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, a ski centre, performed what it characterized as maintenance work on a dam (moving rocks that had tumbled downstream in a lake). The applicant was issued a statement of offence under s. 5 of the Dam Safety Act, CQLR, c. S 3.1.01 (“DSA”), because it had not applied for or obtained prior authorization for the work from the Minister of Sustainable Development, Environment and Parks.
A presiding justice of the peace from the Court of Québec characterized the work instead as a structural alteration of the dam within the meaning of s. 5 of the DSA, based on the evidence in the record, and convicted the ski centre of the offence provided for in that section. The Superior Court allowed an application for review of the trial judgment, and the ski centre was acquitted of the offence. The Court of Appeal set aside the Superior Court’s decision, restored the trial judge’s decision and convicted the ski centre.
Lower court rulings
Superior Court of Quebec
455-36-000117-192
Ski centre acquitted
Court of Appeal of Quebec (Montréal)
2021 QCCA 1222, 500-10-007474-206
Trial judgment restored; ski centre convicted
Memorandums of argument on application for leave to appeal
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 filing 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.
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Downloadable PDFs
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Related links
Factums on appeal
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
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