Case information
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41659
His Majesty the King v. Gabriel Charbonneau-Vallée
(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) |
|---|---|---|
| 2025-05-02 | Close file on Leave | |
| 2025-05-02 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-05-02 | Judgment on leave sent to the parties | |
| 2025-05-01 |
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 500-10-007910-225, 2024 QCCA 1650, dated December 5, 2024, is dismissed. Dismissed |
|
| 2025-03-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-04 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-01-30 | Notice of name, (Letter Form), (Printed version filed on 2025-02-03) | His Majesty the King |
| 2025-01-30 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2025-02-03) | His Majesty the King |
| 2025-01-30 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-02-03) | His Majesty the King |
| 2025-01-30 | Application for leave to appeal, (Book Form), PUB-BAN, Completed on: 2025-01-30, (Printed version filed on 2025-02-03) | 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 | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Charbonneau-Vallée, Gabriel | Respondent | Active |
Counsel
Party: His Majesty the King
Counsel
1111, boulevard Jacques-Cartier Est, local RC-07
Palais de justice de Longueuil
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61189
FAX: (450) 928-7486
Email: maxime.hebrard@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: Charbonneau-Vallée, Gabriel
Counsel
19 rue le Royer Ouest, Bureau 401
Montreal, Quebec
H2Y 1W4
Telephone: (514) 882-7860
FAX: (438) 380-4231
Email: davidleclair@dlamtl.com
Summary
Keywords
Evidence — Hearsay — Necessity and reliability exception — Whether Quebec Court of Appeal erred in law in setting aside decision of trial judge admitting complainant’s out of court statements into evidence on ground that necessity was not established.<br>
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)
Mr. Charbonneau Vallée was charged with committing sexual offences against a child when she was five to six years old. At the trial stage, in the context of a voir dire, the prosecutor sought to introduce the complainant’s statements in evidence under the exception to the hearsay rule.
The trial judge found that the prior statements were necessary and reliable. Following the trial, Mr. Charbonneau Vallée was convicted of the charges laid against him. The Court of Appeal allowed the appeal and ordered a new trial. It criticized the trial judge for finding that the complainant’s statements were necessary. The evidence could not reasonably support the ground that there was a risk of trauma and that the complainant’s memories were fragile.
Lower court rulings
Court of Quebec
750-01-055069-197
Accused convicted of offences under ss. 151 and 271 of Criminal Code
Appeal allowed
New trial ordered
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
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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
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