Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40227
Jimmy Boisvert v. His Majesty the King
(Quebec) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-01-11 | Close file on Leave | |
| 2022-12-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-12-15 | Judgment on leave sent to the parties | |
| 2022-12-15 |
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 200-10-003798-209, 2022 QCCA 469, dated April 5, 2022, is dismissed. Dismissed |
|
| 2022-11-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-09 | Notice of name | His Majesty the King |
| 2022-08-09 | Certificate (on limitations to public access), 23A / 23B | His Majesty the King |
| 2022-08-09 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-08-16, (Printed version filed on 2022-08-15) | His Majesty the King |
| 2022-06-21 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-21 | |
| 2022-06-06 | Certificate (on limitations to public access), 23B | Jimmy Boisvert |
| 2022-06-06 | Certificate (on limitations to public access), 23A | Jimmy Boisvert |
| 2022-06-06 |
Application for leave to appeal, (Book Form), FILED: - UNREDACTED - Full application - Printed copy - REDACTED - Application - Electronic copy - Electronic unredacted copy of the application (rec'd 2022-06-23), Completed on: 2022-06-24, (Printed version filed on 2022-06-09) |
Jimmy Boisvert |
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 |
|---|---|---|
| Boisvert, Jimmy | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Boisvert, Jimmy
Counsel
4133 Fourth Avenue
Suite 201
Whitehorse, Yukon Territory
Y1A 1H8
Telephone: (867) 456-2325
Email: vincent@larochellelaw.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
Alexis Marcotte Bélanger
Palais de Justice
450 rue St-Louis, local 1.10
Joliette, Quebec
J6E 2Y8
Telephone: (450) 753-4841 Ext: 63006
Email: jade.coderre@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
Criminal law — Defences — Is the defence of de minimis non curat lex available in sexual assault matters? — Can an accused’s evidence be relevant to a court’s inquiry into the actus reus of sexual assault? — What makes out the defence of honest but mistaken belief in consent? — After an initial rejection, what steps must an accused take to ascertain consent to sexual activity?
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.
(PUBLICATION BAN IN CASE)
The applicant told the complainant that he wanted to have sex with her. The complainant told him she would not have sex with him because it was against her principles. The applicant thought he was in a game of seduction with the complainant. He touched her back while trying to kiss her. He then put his hands inside her pants on her buttocks and near her genitals. The Court of Quebec convicted the applicant of sexual assault. The Court of Appeal dismissed the appeal.
Lower court rulings
Court of Quebec
2020 QCCQ 3878, 400-01-089333-181
Convicted of sexual assault
Court of Appeal of Quebec (Québec)
200-10-003798-209, 2022 QCCA 469
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 613‑996‑7933 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