Case information
Consult our database for details on a Supreme Court of Canada case.
41392
Erich Chemama 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) |
|---|---|---|
| 2025-12-18 | Close file on Leave | |
| 2025-02-21 | Close file on Leave | |
| 2025-02-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-02-20 | Judgment on leave sent to the parties | |
| 2025-02-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005556-145, 2024 QCCA 405, dated April 8, 2024, is dismissed. Dismissed |
|
| 2025-02-20 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2025-01-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-06 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-09-13 |
Certificate (on limitations to public access), Form 23B -Waiting for amended version (rec'd 2024-09-16), (Printed version filed on 2024-09-13) |
His Majesty the King |
| 2024-09-13 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-09-13) | His Majesty the King |
| 2024-09-13 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: -Amended version of 23B (rec'd 2024-09-16), Completed on: 2024-09-16, (Printed version filed on 2024-09-13) |
His Majesty the King |
| 2024-08-27 | Supplemental document, Court order related to Amicus Curiae (2021 QCCA 1158) | Erich Chemama |
| 2024-08-27 | Correspondence received from, (Letter Form), Letter informing that the mandate as Amicus Curiae has terminated and that there is no mandate to appear before the Supreme Court. | Amicus |
| 2024-08-20 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on Aug. 20, 2024 | |
| 2024-08-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), (Included in the application for leave to appeal), Completed on: 2024-08-20, (Printed version filed on 2024-08-19) | Erich Chemama |
| 2024-08-19 |
Certificate (on limitations to public access), Form 23B amended version filed 2024-12-30, (Printed version filed on 2024-08-19) |
Erich Chemama |
| 2024-08-19 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-08-19) | Erich Chemama |
| 2024-08-19 |
Application for leave to appeal, (Book Form), PUB BAN Missing cover pages with amended style of cause (rec'd 2024-08-28), Completed on: 2024-08-19, (Printed version filed on 2024-08-19) |
Erich Chemama |
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 |
|---|---|---|
| Chemama, Erich | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Chemama, Erich
Counsel
102 Atlantic Avenue, Suite 100
Toronto, Ontario
M6K 1X9
Telephone: (416) 964-2618
FAX: (416) 929-5117
Email: dbrodsky@daniel-brodsky.com
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: His Majesty the King
Counsel
Mathieu Locas
1 rue Notre-Dame Est
Bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52037
FAX: (514) 873-9895
Email: marie-eve.mayer@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Jurors — Discharge of jurors — Reasons — Sufficiency of reasons — Charge to jury — Evidence — Identity — Alleged similarity of facts in multiple counts — What is the proper procedure and reasonable scope of an inquiry into whether to discharge a juror for reasonable cause — Are trial judges required to provide sufficient reasons for admitting presumptively inadmissible similar fact evidence — Should jury instructions on similar fact evidence be tailored to circumstances of the case including a review of the evidence and similarities and dissimilarities between alleged similar facts — Should jury instructions on identification be tailored to the circumstances of the case including a review of evidence and an explanation of why it must be scrutinized with considerable care?
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)
Three sex workers described violent encounters with a client to police. Mr. Chemama was charged with three counts of sexual assault, three counts of confinement, and three counts of uttering death threats. Trial proceeded before a jury. One juror was discharged. The jury found Mr. Chemama not guilty of one count each of sexual assault, forcible confinement and uttering death threats and guilty of all other charges. The Court of Appeal dismissed an appeal.
Lower court rulings
Convictions by jury for sexual assault (two counts), forcible confinement (two counts) and uttering death threats (two counts); Acquittals of one count each of sexual assault, forcible confinement and uttering death threats
Appeal dismissed
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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