Case information
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Christophe Jose Folla 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) |
|---|---|---|
| 2024-12-06 | Close file on Leave | |
| 2024-12-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-12-05 | Judgment on leave sent to the parties | |
| 2024-12-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Superior Court of Quebec, Number 700-36-001876-241, dated March 25, 2024, is dismissed. Dismissed |
|
| 2024-11-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-31 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-05-31, (Printed version filed on 2024-05-31) | Christophe Jose Folla |
| 2024-05-21 | Certificate (on limitations to public access), 23B | His Majesty the King |
| 2024-05-21 |
Certificate (on limitations to public access), 23A Amended version required (Rec'd 05-22-2024) |
His Majesty the King |
| 2024-05-21 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-21, (Printed version filed on 2024-05-21) | His Majesty the King |
| 2024-04-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-04-12 | Certificate (on limitations to public access), (Letter Form), 23B | Christophe Jose Folla |
| 2024-04-12 |
Application for leave to appeal, (Book Form), PUB-BAN Missing: - Proof of service (Rec'd 04-19-2024) - Frais de dépôt (Rec'd 04-25-2024), Completed on: 2024-04-25 |
Christophe Jose Folla |
| 2024-04-09 |
Certificate (on limitations to public access), 23B |
Christophe Jose Folla |
| 2024-04-09 |
Certificate (on limitations to public access), 23A Amended rec'd 04-12-2024 |
Christophe Jose Folla |
| 2024-04-09 | Notice of application for leave to appeal, PUB BAN, Completed on: 2024-04-16 | Christophe Jose Folla |
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 |
|---|---|---|
| Folla, Christophe Jose | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Folla, Christophe Jose
Counsel
Vincent R. Paquet
507, place d'Armes
bureau 1212
Montréal, Quebec
H2Y 2W8
Telephone: (514) 845-5660
FAX: (514) 845-4184
Email: crouleau@morneau-assoc.ca
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: His Majesty the King
Counsel
25, rue De Martigny Ouest
Bureau D-3
St-Jérôme, Quebec
J7Y 4Z1
Telephone: (450) 431-4401 Ext: 63813
FAX: (450) 569-3051
Email: alexis.marcotte-belanger@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Interim release — Review — In Canada, whether accused has burden of proving that surety can supervise and control them — Interpretation that must be given to 2019 legislative amendments to Criminal Code, R.S.C. 1985, c. C-46, which are said to have codified R. v. Antic, 2017 SCC 27, while maintaining cash deposit at top of ladder permitting release — Criteria allowing review of detention or release order under ss. 520(8) and 521(9) Cr. C.
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 faced two charges for indictable offences. In January 2024, the justice of the peace of the Court of Québec ordered his interim release with conditions. In April 2024, the reviewing judge of the Quebec Superior Court allowed the Crown’s application for review of the release order, quashed the order for interim release of the applicant and ordered the interim detention of the applicant.
Lower court rulings
Superior Court of Quebec
700-36-001876-241
Application allowed; release order quashed; order for interim detention of applicant made
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