Case information

Criminal law — Penal law — Penal procedure — Offences — Public Health Act — Whether judgments rendered by Court of Québec, by Quebec Superior Court and by Quebec Court of Appeal and situation in Canada since pandemic was declared represent what constitutional judicial power must embody in Canada, as sole constitutional counterbalance to abuse of constitutional legislative power and constitutional executive power — Whether this case would allow Supreme Court of Canada to be embodiment in Canada of constitutional judicial power, as sole constitutional counterbalance to abuse of constitutional legislative power and constitutional executive power — In circumstances set out in questions 1 and 2, whether this case is of national interest.

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.

After the Court of Québec summarily dismissed a motion by the applicant for a declaration of invalidity against the Public Health Act, CQLR, c. S 2.2, and the orders in council made during the public health emergency period, the applicant was convicted of an offence relating to her failure to wear a mask during a demonstration.

In the context of her appeal to the Superior Court from that conviction, the applicant brought a motion under art. 281 para. 2 of the Code of Penal Procedure, CQLR, c. C 25.1 (“C.P.P.”), seeking to have the appeal heard by way of a new hearing. Boucher J. of the Superior Court began by summarily dismissing the motion, which in his view was not in the interests of justice. The applicant filed two applications with the Quebec Court of Appeal seeking leave to appeal from that decision by the Superior Court. The Court of Appeal unanimously dismissed the applications. Appeals from interlocutory judgments are not permitted and, in the alternative, the appeal was doomed to fail.