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.
41811
Pierre Simoneau v. Sa Majesté le Roi
(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) |
|---|---|---|
| 2025-08-29 | Close file on Leave | |
| 2025-08-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-08-28 | Judgment on leave sent to the parties | |
| 2025-08-28 |
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 (Québec), Number 200-10-700126-241, 2025 QCCA 304, dated March 14, 2025, is dismissed. Dismissed |
|
| 2025-07-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-13 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2025-06-16) | Sa Majesté le Roi |
| 2025-06-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-06-16) | Sa Majesté le Roi |
| 2025-06-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-06-16, (Printed version filed on 2025-06-16) | Sa Majesté le Roi |
| 2025-05-16 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-05-13 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2025-05-21) | Pierre Simoneau |
| 2025-05-13 |
Certificate (on limitations to public access), (Letter Form), 23A , (Printed version due on 2025-05-21) |
Pierre Simoneau |
| 2025-05-13 |
Application for leave to appeal, (Book Form), Amended Notice of application (citing provision of law) Amended 23A (Rec'd 2025-05-20), Completed on: 2025-07-08, (Printed version filed on 2025-05-20) |
Pierre Simoneau |
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 |
|---|---|---|
| Simoneau, Pierre | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sa Majesté le Roi | Respondent | Active |
Counsel
Party: Simoneau, Pierre
Counsel
Québec, Quebec
G1H 3E2
Telephone: (418) 622-4010
FAX: (418) 622-5447
Email: sebastien.st-laurent@videotron.ca
Party: Sa Majesté le Roi
Counsel
2828, boui. Laurier, Complexe Jules-Dallaire Tour 1
Bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 22027
FAX: (418) 646-4919
Email: martine.savard@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 — Offence related property — Proceeds of crime — Forfeiture — Fine in lieu of order for forfeiture of property that constitutes proceeds of crime — Judgment tainted by error — In context of fine in lieu proceeding in replacement of forfeiture under s. 462.37(3) Cr.C., whether Court of Appeal could impose fine in lieu even though value of property was approximate — Whether Court of Appeal could correct its decision in order to give conclusions that were not sought by party — Criminal Code, RSC 1985, c. C 46, s. 462.37(3).
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 applicant, Mr. Simoneau, pleaded guilty to charges of trafficking in methamphetamine and possession of methamphetamine for the purpose of trafficking. The Crown sought: (1) the forfeiture of $38,056.45 in cash seized from various locations in Mr. Simoneau’s residence as “proceeds of crime” within the meaning of s. 462.37 Cr.C.; (2) the forfeiture of the residence as “non chemical offence related property” within the meaning of s. 16 et seq. of the Controlled Drugs and Substances Act; and (3) a fine in lieu in the amount of $260,000 under s. 462.37(3) Cr.C.
The trial judge ordered the forfeiture of the $38 056.45 found at Mr. Simoneau’s residence but found that the forfeiture of the residence would be disproportionate and that the amount claimed as a fine in lieu, because it was approximate, should not be granted. She therefore refused to make those orders. On appeal, it was found that the trial judge committed an error of law only on the issue of the fine in lieu. The calculation proposed by the Crown met the requirements of s. 462.37(3) Cr.C.
Lower court rulings
Court of Quebec
235-01-022103-212, 235-68-000019-215
Judge ordered forfeiture, to Attorney General of Quebec, of amount of $38,056.45 seized at accused’s residence as offence related property
Judge refused to order forfeiture of residence and quashed restraint order
Judge refused to impose fine in lieu under s. 462.37(3) of Criminal Code
Application for leave to appeal allowed
Appeal allowed in part
Accused ordered to pay fine in lieu in amount of $221,943.55 within five (5) years from date on which his sentence of imprisonment expires (in default of payment of fine in lieu, term of imprisonment of two (2) years or reduced term of imprisonment in case of partial payment imposed on accused)
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