Case information

Criminal law — Charter of Rights — Condition of probation prohibiting applicant from making reference to ongoing court proceedings — Failure to comply with conditions of probation — Freedom of expression — Right to apply for leave to appeal — Whether applicant should have benefitted from reasonable doubt insofar as that condition has effect of unduly restricting his freedom of expression — Degree and extent to which citizen can be criticized for asserting their rights, especially when it concerns using process of Supreme Court of Canada, particularly in this case in file number 38638.

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, Alain Chenel, was bound by a probation order as a punishment for the offences of harassment and uttering death threats against his former spouse. The probation order prohibited him from making reference to his former spouse and to ongoing court proceedings on social networks. The applicant was charged with breaching his probation order. The Court of Québec found the applicant guilty of having failed to comply with only the condition prohibiting him from making reference to ongoing court proceedings on social networks. The appeal from that decision was dismissed by the Quebec Court of Appeal.