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.
40389
Guy F. Therrien v. Directeur général des élections du Québec
(Quebec) (Civil) (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) |
|---|---|---|
| 2023-04-14 | Close file on Leave | |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
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 500-10-007311-200, 2022 QCCA 1070, dated August 5, 2022, is dismissed. Dismissed |
|
| 2023-02-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-22 | Certificate (on limitations to public access), 23A | Directeur général des élections du Québec |
| 2022-11-04 |
Respondent's response on the application for leave to appeal, (Letter Form), Required: 23A (rec'd 2022-11-22), Completed on: 2022-11-23 |
Directeur général des élections du Québec |
| 2022-10-18 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-10-18 | |
| 2022-10-03 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-10-06) | Guy F. Therrien |
| 2022-10-03 | Application for leave to appeal, (Book Form), (3 volumes), Completed on: 2022-10-06, (Printed version filed on 2022-10-06) | Guy F. Therrien |
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 |
|---|---|---|
| Therrien, Guy F. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Directeur général des élections du Québec | Respondent | Active |
Counsel
Party: Therrien, Guy F.
Counsel
Aurianne Lemos
37ième étage
1, Place Ville Marie
Montréal, Quebec
H3B 3P4
Telephone: (514) 392-9566
FAX: (514) 876-9566
Email: charles.daviault@gowlingwlg.com
Party: Directeur général des élections du Québec
Counsel
Laurie Mongrain
1045 avenue Wilfrid-Pelletier
Bureau 200
Québec, Quebec
G1W 0C6
Telephone: (418) 644-1090 Ext: 5238
FAX: (418) 646-6105
Email: ocboutin@electionsquebec.qc.ca
Summary
Keywords
Elections — Election publicity — Prohibition period — Paid partisan publicity posted on social network during prohibition period — Whether Quebec Court of Appeal erred in holding that offence under ss. 429 and 564.2 of Election Act may be committed through Facebook social network — Election Act, CQLR, c. E-3.3, s. 429, 564.2.
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.
During the 2014 provincial election in Quebec, the applicant posted paid partisan publicity on the Facebook social network during the prohibited seven-day period referred to in s. 429 of the Election Act, CQLR, c. E-3.3. The respondent instituted proceedings against him. The applicant moved to dismiss the charge on the ground that s. 429 does not apply to publicity on social networks. The Court of Québec granted the motion. It stated that the charge did not correspond to any offence created by legislation in force at the material time, and it stayed the proceedings. The Quebec Superior Court allowed the appeal from the trial judgment and stated that s. 429 can apply to a platform like Facebook. It referred the case back to the Court of Québec for the adjudication of the motion for non-suit and, if necessary, the continuation of the proceedings. The applicant appealed the Superior Court’s judgment. The Quebec Court of Appeal was of the view that the prohibition against publicity in s. 429 applies to virtual posting in a virtual space like Facebook. It dismissed the appeal and referred the case back to the Court of Québec for the continuation of the proceedings before the same judge.
Lower court rulings
Court of Quebec
505-61-175441-187
Motion to dismiss charge relating to posting of publicity granted; proceedings in case stayed
Superior Court of Quebec
2020 QCCS 650, 505-36-002136-192
Appeal allowed and case referred back to Court of Québec for decision on motion for non-suit and, if necessary, continuation of proceedings
Court of Appeal of Quebec (Montréal)
2022 QCCA 1070, 500-10-007311-200
Appeal dismissed and case referred back to Court of Québec for continuation of trial before same judge
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