Case information
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41597
Ishiang Shih, Winnie Shih, and Jys Technologies Inc. v. Director of Criminal and Penal Prosecutions
(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) |
|---|---|---|
| 2025-05-23 | Close file on Leave | |
| 2025-05-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-22 | Judgment on leave sent to the parties | |
| 2025-05-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number (500-36-009088-181), 500-10-007803-222, 2024 QCCA 1421, dated October 25, 2024, is dismissed. Dismissed |
|
| 2025-04-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-28 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-01-30) | Director of Criminal and Penal Prosecutions |
| 2025-01-28 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-01-30) | Director of Criminal and Penal Prosecutions |
| 2025-01-28 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-28, (Printed version filed on 2025-01-30) | Director of Criminal and Penal Prosecutions |
| 2024-12-17 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-12-16 | Notice of name, (Letter Form), (Printed version filed on 2024-12-18) | Ishiang Shih, Winnie Shih, and Jys Technologies Inc. |
| 2024-12-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-12-18) | Ishiang Shih, Winnie Shih, and Jys Technologies Inc. |
| 2024-12-16 |
Application for leave to appeal, (Book Form), Missing: - Proof of service (Rec'd 12-17-2024), Completed on: 2024-12-17, (Printed version filed on 2024-12-18) |
Ishiang Shih, Winnie Shih, and Jys Technologies Inc. |
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 |
|---|---|---|
| Ishiang Shih, Winnie Shih, and Jys Technologies Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Director of Criminal and Penal Prosecutions | Respondent | Active |
Counsel
Party: Ishiang Shih, Winnie Shih, and Jys Technologies Inc.
Counsel
Ankita Gupta
Stéphanie Gascon
100, rue de la Gauchetière Ouest
Bureau 2100
Montréal, Quebec
H3B 4W5
Telephone: (514) 904-8818
FAX: (514) 904-8101
Email: seljarrat@osler.com
Party: Director of Criminal and Penal Prosecutions
Counsel
Marie-Josée Harvey
393, rue Saint-Jacques
Bureau 600, Tour Sud
Montréal, Quebec
H2Y 1N9
Telephone: (514) 873-6493 Ext: 53389
FAX: (514) 393-2253
Email: maxime.fournier@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
Summary
Keywords
Criminal law — Evidence — Search and seizure — Mutual legal assistance — What are the proper bounds of discretion afforded to judges when reviewing search warrants obtained, issued, and executed under the Mutual Legal Assistance in Criminal Matters Act, R.S.C. 1985, c. 30, in the context of a sending hearing under s. 15 of the Act?
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.
The United States of America requested Canada’s mutual legal assistance to obtain and execute a search warrant on Jys Technologies Inc.’s office in Quebec, seeking specified information and material allegedly relating to offences committed in the United States. The Minister of Justice approved the request. A search warrant was obtained and executed. Material and information was seized. The Director of Criminal and Penal Prosecutions applied for a sending order. The Superior Court of Quebec granted a sending order. The Court of Appeal dismissed an appeal.
Lower court rulings
Sending order granted
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