Case information
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41400
His Majesty the King v. Thi Huyen Nguyen, et al.
(Quebec) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-10-23 | Transcript received, 109 pages | |
| 2025-10-16 | Judgment reserved OR rendered with reasons to follow | |
| 2025-10-16 |
Hearing of the appeal, 2025-10-16, CJ Ka Côt Row Mar Kas Ja Ob Mor Decision reserved |
|
| 2025-10-14 | Respondent's condensed book, (Book Form), (Printed version filed on 2025-10-15) | Thi Huyen Nguyen |
| 2025-10-09 | Appellant's condensed book, (Book Form), (Electronic version filed on 2025-10-15) | His Majesty the King |
| 2025-10-08 | Correspondence received from, (Letter Form), Not be filing a condensed book , (Printed version due on 2025-10-16) | Director of Public Prosecutions |
| 2025-09-22 | Correspondence (sent by the Court) to, Letter of appearance by zoom | |
| 2025-09-22 | Correspondence (sent by the Court) to, Letter of appearance in person | |
| 2025-09-18 | Notice of appearance, (Letter Form), Magalie Cimon, Émilie Robert and Marie-Ève Lavoie will appear before the Court. Émilie Robert and Marie-Ève Lavoie will present oral argument., (Printed version filed on 2025-09-22) | His Majesty the King |
| 2025-09-17 |
Notice of appearance, (Letter Form), Annik Magri will appear before the Court. Annik Magri will present oral argument. , (Printed version filed on 2025-09-24) |
Thi Huyen Nguyen |
| 2025-09-08 | Notice of appearance, (Letter Form), Jeremy van Doorn and Mathieu Stanton will appear before the Court. Me Jeremy van Doorn will present oral argument., (Printed version due on 2025-09-15) | Director of Public Prosecutions |
| 2025-09-04 | Correspondence (sent by the Court) to, Letter of direction | |
| 2025-07-30 | Intervener's factum, (Book Form), Completed on: 2025-07-30, (Printed version filed on 2025-07-30) | Director of Public Prosecutions |
| 2025-07-10 | Notice of hearing sent to parties | |
| 2025-07-10 |
Appeal hearing scheduled, 2025-10-16 Decision reserved |
|
| 2025-06-19 | Order on motion for leave to intervene, by JUSTICE O'BONSAWIN | |
| 2025-06-19 |
Decision on the motion for leave to intervene, Ob, UPON APPLICATION by the Director of Public Prosecutions for leave to intervene in the appeal and for an order extending the time to serve and file his reply to the respondents’ response to the motion for intervention to June 2, 2025; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motion for intervention is granted. The intervener shall be entitled to serve and file a factum not exceeding ten (10) pages and a book of authorities, if any, on or before July 31, 2025, and is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and the respondents any additional disbursements resulting from his intervention. Granted |
|
| 2025-06-19 | Decision on motion to extend time, see motion on leave to intervene, Ob | |
| 2025-06-19 | Submission of motion for leave to intervene, Ob | |
| 2025-06-19 | Submission of motion to extend time, Ob | |
| 2025-06-04 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-06-10) | Thi Huyen Nguyen |
| 2025-06-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-10) | Thi Huyen Nguyen |
| 2025-06-04 | Respondent's factum, (Book Form), Amended version Rec'd (2025-06-19), Completed on: 2025-06-05, (Printed version filed on 2025-06-10) | Thi Huyen Nguyen |
| 2025-06-03 | Motion to extend time, (Letter Form), Completed on: 2025-06-04, (Printed version filed on 2025-06-05) | Director of Public Prosecutions |
| 2025-06-02 | Reply to the motion for leave to intervene, (Letter Form), MISSING: motion to extend time (rec'd 2025-06-03), Completed on: 2025-06-04, (Printed version filed on 2025-06-05) | Director of Public Prosecutions |
| 2025-05-28 | Correspondence received from, re: amended response to motion to intervene | Thi Huyen Nguyen |
| 2025-05-22 | Response to the motion for leave to intervene, (Book Form), 2025-05-28 - amended version rec'd, Completed on: 2025-05-23, (Printed version filed on 2025-05-29) | Thi Huyen Nguyen |
| 2025-05-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2025-05-12 | Motion for leave to intervene, (Book Form), Completed on: 2025-05-13, (Printed version filed on 2025-05-16) | Director of Public Prosecutions |
| 2025-04-15 |
Notice of change of counsel, (Letter Form), Missing Proof of Service (Rec'd 2025-04-23), (Printed version filed on 2025-04-30) |
Thi Hong Cun |
| 2025-04-14 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-04-14) | His Majesty the King |
| 2025-04-14 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2025-04-14) | His Majesty the King |
| 2025-04-14 | Appellant's book of authorities, (Book Form), Completed on: 2025-04-14, (Printed version filed on 2025-04-14) | His Majesty the King |
| 2025-04-14 | Appellant's record, (Book Form), (3 volumes), Completed on: 2025-04-14, (Printed version filed on 2025-04-14) | His Majesty the King |
| 2025-04-14 | Appellant's factum, (Book Form), Completed on: 2025-04-14, (Printed version filed on 2025-04-14) | His Majesty the King |
| 2025-02-17 | Certificate (on limitations to public access), 23A | His Majesty the King |
| 2025-02-17 | Notice of appeal, (Letter Form), Completed on: 2025-02-17, (Printed version filed on 2025-03-17) | His Majesty the King |
| 2025-01-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-16 | Judgment on leave sent to the parties | |
| 2025-01-16 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to 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 500-10-007710-211, 2024 QCCA 674, dated May 29, 2024, is granted. Granted |
|
| 2025-01-16 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2024-12-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-09 | Submission of motion to extend time, for consideration by the Court | |
| 2024-12-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-12-02, (Printed version filed on 2024-12-03) | His Majesty the King |
| 2024-11-22 | Motion to extend time, (Book Form), Completed on: 2024-11-26 | Thi Huyen Nguyen |
| 2024-11-22 | Certificate (on limitations to public access), 23A | Thi Huyen Nguyen |
| 2024-11-22 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-11-22, (Printed version due on 2024-11-29) | Thi Huyen Nguyen |
| 2024-08-23 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-08-23 | Certificate (on limitations to public access), 23A, (Printed version filed on 2024-08-23) | His Majesty the King |
| 2024-08-23 | Application for leave to appeal, (Book Form), Completed on: 2024-08-23, (Printed version filed on 2024-08-23) | 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 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Nguyen, Thi Huyen | Respondent | Active |
| Cun, Thi Hong | Respondent | Active |
| Nguyen, Alexander | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions | Intervener | Active |
Counsel
Party: His Majesty the King
Counsel
Marie-Ève Lavoie
1, rue Notre-Dame Est, bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 53224
FAX: (514) 873-9895
Email: emilie.robert@dpcp.gouv.qc.ca
Agent
Palais de justice de Gatineau
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Party: Nguyen, Thi Huyen
Counsel
Montréal, Quebec
H7T 1A2
Telephone: (514) 886-7603
FAX: (844) 910-1818
Email: am@magri-defense.com
Party: Cun, Thi Hong
Counsel
Montréal, Quebec
H7T 1A2
Telephone: (514) 886-7603
FAX: (844) 910-1818
Email: am@magri-defense.com
Party: Nguyen, Alexander
Counsel
Montréal, Quebec
H7T 1A2
Telephone: (514) 886-7603
FAX: (844) 910-1818
Email: am@magri-defense.com
Party: Director of Public Prosecutions
Counsel
Jeremy van Doorn
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 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law — Proceeds of crime — Offence related property — Restraint order — Jurisdiction of provincial court — Appropriate procedural vehicles — Whether property included in application for forfeiture pursuant to s. 462.37(2) of Criminal Code and s. 16(2) of Controlled Drugs and Substances Act must be related to offence for which there was conviction — Whether stay of proceedings prevents prosecutor from proving facts forming basis for charges in context of motion for forfeiture of offence related property or of proceeds of crime — Criminal Code, R.S.C. 1985, c. C-46, s. 462.37(2) — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 16(2).
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.
A police investigation into the production of marijuana led to criminal proceedings against 11 individuals. A stay of proceedings was entered for the respondents in light of unreasonable delays. The Court of Québec dismissed the motion to dismiss the motion for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. The Quebec Superior Court dismissed the motion for prohibition and certiorari in aid. The Quebec Court of Appeal set aside the Superior Court judge’s decision and stated that the Court of Québec did not have the jurisdiction required to deal with motions for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA.
Lower court rulings
Motion to dismiss motion for forfeiture granted in part;
Court declared that it did not have jurisdiction to dispose of things seized in accordance with s. 490 Cr. C.;
Motion to dismiss motion for forfeiture pursuant to ss. 491.1 and 462.37(2) Cr. C. and s. 16(2) of CDSA dismissed
Motion for prohibition and certiorari in aid dismissed
Appeal allowed
Declaration made that Court of Québec did not have jurisdiction to hear motions for forfeiture brought by Crown
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 613‑996‑7933 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
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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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