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.
40948
His Majesty the King v. Florent Cousineau
(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) |
|---|---|---|
| 2024-04-12 | Close file on Leave | |
| 2024-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-11 | Judgment on leave sent to the parties | |
| 2024-04-11 |
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 200-10-003936-213, 2023 QCCA 1054, dated August 17, 2023, is dismissed. Dismissed |
|
| 2024-03-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-11-24 | Correspondence received from, Correspondence from applicant stating no reply will be filed | His Majesty the King |
| 2023-11-15 | Certificate (on limitations to public access), (Letter Form), 23B (Amended version rec'd 2024-01-16), (Printed version filed on 2023-11-16) | Florent Cousineau |
| 2023-11-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-16) | Florent Cousineau |
| 2023-11-15 | Respondent's response on the application for leave to appeal, (Book Form), PUB BAN, Completed on: 2023-11-20, (Printed version filed on 2023-11-16) | Florent Cousineau |
| 2023-10-18 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2023-10-16 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2023-10-17) | His Majesty the King |
| 2023-10-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-17) | His Majesty the King |
| 2023-10-16 |
Application for leave to appeal, (Book Form), PUBLICATION BAN Missing: - Filling Fee (rec'd 2023-10-18), Completed on: 2023-10-19, (Printed version filed on 2023-10-17) |
His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cousineau, Florent | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
Éric Marcoux
200, boulevard René-Levesque Ouest
Tour Est, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-4522
FAX: (514) 496-7372
Email: mathieu.stanton@ppsc-sppc.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Cousineau, Florent
Counsel
2525, boul. Laurier
Québec, Quebec
G1V 2L2
Telephone: (418) 425-0851
FAX: (418) 425-0852
Email: clevasseur@lglavocats.ca
Summary
Keywords
Criminal law — Sexual assault — Consent — Judgment — Reasons for judgment — Whether Court of Appeal erred in determining that trial judge had to distinctly address issue of consent — Whether Court of Appeal erred in declaring that trial judge had to address defence of honest but mistaken belief in consent.
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 respondent, Florent Cousineau, was charged with sexual assault. The events occurred in 1986, when the complainant went to Mr. Cousineau’s home to see his son, who had ended a romantic relationship with the complainant a few months earlier. The complainant and the accused provided different versions of what happened. The complainant testified that she was sexually assaulted while expecting to receive a massage, whereas the accused testified that the complainant instigated the sexual activity.
The Court of Québec convicted Mr. Cousineau of the offence of sexual assault. The judge stated that he did not believe the accused. Mr. Cousineau’s testimony did not raise a reasonable doubt, considering all the evidence. He also concluded that the complainant’s credibility was intact and that he was satisfied beyond a reasonable doubt that she was telling the truth about the sexual assault she had been a victim of.
Mr. Cousineau appealed. The Court of Appeal allowed the application for leave to appeal, allowed the appeal and ordered a new trial. It found that the judgment rendered did not contain any analysis of the issue of consent. Because that was a central issue in the case, the judgment had to contain a specific analysis on this issue.
Lower court rulings
Court of Quebec
200-01-229674-191
Accused convicted of sexual assault
Court of Appeal of Quebec (Québec)
200-10-003936-213, 2023 QCCA 1054
Application for leave to appeal allowed; appeal allowed; new trial ordered
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.
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
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
Not available