Case information
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40185
Bruce Wilson v. His Majesty the King
(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) |
|---|---|---|
| 2023-02-20 | Close file on Leave | |
| 2023-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-09 | Judgment on leave sent to the parties | |
| 2023-02-09 |
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 (Québec), Number 200-10-003764-201, 2022 QCCA 1131, dated April 1, 2022, is dismissed. Dismissed |
|
| 2022-12-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-07-22 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-07-29) | His Majesty the King |
| 2022-07-22 | Notice of name, (Letter Form), (Printed version due on 2022-07-29) | His Majesty the King |
| 2022-07-22 | Book of authorities, (Book Form), Completed on: 2022-07-27, (Printed version due on 2022-07-29) | His Majesty the King |
| 2022-07-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-07-27, (Printed version filed on 2022-07-27) | His Majesty the King |
| 2022-06-08 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-08 | |
| 2022-05-30 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-05-31) | Bruce Wilson |
| 2022-05-30 | Book of authorities, (Book Form), Completed on: 2022-06-08, (Printed version filed on 2022-05-31) | Bruce Wilson |
| 2022-05-30 |
Application for leave to appeal, (Book Form), (2 volumes), require: -amended notice of application citing the correct section of law (rec'd electronic copy 2022-06-23; rec'd paper copy 2022-06-27) -full LTA citing the correct section of law received: amended transcript of 2020-05-26 Court of Quebec decision outlining the judge as Honourable David Bouchard (rec'd electronic copy 2022-06-23; rec'd paper copy 2022-06-27), Completed on: 2022-07-13, (Printed version filed on 2022-05-31) |
Bruce Wilson |
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 |
|---|---|---|
| Wilson, Bruce | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Wilson, Bruce
Counsel
Michel Lebrun
400, boulevard Jean-Lesage
Bureau 115
Québec, Quebec
G1K 8W1
Telephone: (581) 888-3446
FAX: (581) 742-9097
Email: fa@labrecquedoyon.ca
Agent
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Party: His Majesty the King
Counsel
Simon Blais
878 rue de Tonnancour 3e étage
Trois-Rivières, Quebec
G9A 4P8
Telephone: (819) 372-4151
FAX: (819) 372-4190
Email: louis-charles.bal@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Summary
Keywords
Constitutional law — Charter of Rights — Right to counsel — Enforcement — Exclusion of evidence — Temporal and causal connection — Whether Court of Appeal was justified in reversing trial judge’s decision to exclude evidence on ground that obtaining of evidence prior to constitutional violation, where sufficient causal connection does not exist, cannot meet requirement of s. 24(2) of Charter — Whether Court of Appeal misapprehended scope of its power to intervene by undertaking its own interpretation of facts.
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.
A Court of Québec judge acquitted the applicant, Bruce Wilson, of four charges relating to possession of and trafficking in drugs contrary to the Controlled Drugs and Substances Act. The acquittals stemmed from the judge’s decision to exclude all evidence obtained by the police following the violation alleged by the applicant of his right to counsel (s. 10(b) of the Canadian Charter of Rights and Freedoms).
The Quebec Court of Appeal allowed the Crown’s appeal in part and ordered the continuation of the trial on two of the four charges.
Lower court rulings
Court of Quebec
400-01-086526-175, 400-01-086527-173
Motion granted and exclusion of all evidence obtained as result of Charter violation ordered; acquittals entered on all charges
Court of Appeal of Quebec (Québec)
200-10-003764-201, 2022 QCCA 1131
Motion for leave to appeal from acquittals of accused entered in file 400-01-086527-173 granted; appeal dismissed
Appeal in file 400-01-086526-176 allowed and acquittals set aside
Continuation of accused’s trial on two charges in file 400-01-086526-176 ordered
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