Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41583
Simon Chevalier v. His Majesty the King
(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) |
|---|---|---|
| 2025-03-07 | Close file on Leave | |
| 2025-03-06 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-06 | Judgment on leave sent to the parties | |
| 2025-03-06 |
Judgment of the Court on the application for leave to appeal, The miscellaneous motions are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-008217-240 and 500-10-008220-244, 2024 QCCA 1334, dated October 7, 2024, is quashed pursuant to s. 44 of the Supreme Court Act. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-008218-248, 500-10-008219-246 and 500-10-008270-249, 2024 QCCA 1334, dated October 7, 2024, is dismissed. Dismissed |
|
| 2025-03-06 |
Decision on the miscellaneous motion, See decision on application Dismissed |
|
| 2025-01-27 | Submission of miscellaneous motion, for consideration by the Court | |
| 2025-01-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-15 |
Applicant's reply to respondent's argument, (Letter Form), Missing: - Proof of service, Completed on: 2025-01-28, (Printed version filed on 2025-01-20) |
Simon Chevalier |
| 2025-01-15 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-01-15) | His Majesty the King |
| 2025-01-15 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2025-01-15, (Printed version filed on 2025-01-15) | His Majesty the King |
| 2024-12-06 | Letter advising parties of an incomplete application for leave to appeal, File open | |
| 2024-12-05 | Notice of miscellaneous motion, (Included in the application for leave to appeal), Various miscellaneous motions and relief sought, Completed on: 2025-02-26 | Simon Chevalier |
| 2024-12-05 | Certificate (on limitations to public access), 23C | Simon Chevalier |
| 2024-12-05 | Certificate (on limitations to public access), 23B | Simon Chevalier |
| 2024-12-05 | Certificate (on limitations to public access), 23A | Simon Chevalier |
| 2024-12-05 | Notice of name | Simon Chevalier |
| 2024-12-05 |
Application for leave to appeal, (Book Form), Missing: -Amended style of cause (rec'd 2024-12-09) -Signed notice of application (rec'd 2024-12-12) -Proof of service (confirmed by respondent on 2024-12-10), Completed on: 2024-12-12, (Printed version filed on 2024-12-16) |
Simon Chevalier |
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 |
|---|---|---|
| Chevalier, Simon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Chevalier, Simon
This party is not represented by counsel.
Party: His Majesty the King
Counsel
1 Notre Dame
Bureau 4.100
Montréal, Quebec
Telephone: (819) 449-5510
Email: denis.trottier@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Nolle prosequi — Breach of release order — Motion for compensation — Whether continuation of prosecution for breach of conditions after nolle prosequi entered constitutes direct violation of principles of fundamental justice and presumption of innocence — Whether entering of nolle prosequi should have ended all proceedings — Whether continuation of later prosecution represents clear inconsistency and serious violation of integrity of judicial system — Whether abusive proceedings and detention resulting from that prosecution compromised fundamental right to fair defence and caused irreparable harm.
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.
Mr. Chevalier was charged by indictment with attempting to commit arson and with breaching a release order. A nolle prosequi was filed with the court before trial in the arson case, and he was discharged absolutely following the guilty verdict in the breach of order case.
The Court of Appeal refused to extend the time limit because the motions were doomed to failure. Mr. Chevalier subsequently asked the Superior Court to hear the motions on the merits in addition to ruling on an application for compensation. It declined jurisdiction. Mr. Chevalier appealed those two decisions. The Court of Appeal dismissed the motions.
Lower court rulings
Court dismissing motions to extend time to appeal
Court declining jurisdiction over [TRANSLATION] “motion for review concerning administrative errors and civil liability of counsel in prosecution of nolle prosequi”
See file
Court dismissing [TRANSLATION] “motion for review before panel of three judges” and “motion for review concerning administrative errors and civil liability of counsel in prosecution of nolle prosequi”
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