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.
41819
Sa Majesté le Roi v. Mohamed Chaouachi
(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) |
|---|---|---|
| 2025-10-10 | Close file on Leave | |
| 2025-10-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-10-09 | Judgment on leave sent to the parties | |
| 2025-10-09 |
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 500-10-007460-205, 2025 QCCA 321, dated March 20, 2025, is dismissed. Dismissed |
|
| 2025-09-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-06-18 | Certificate (on limitations to public access), 23B, (Printed version filed on 2025-06-20) | Mohamed Chaouachi |
| 2025-06-18 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-06-20) | Mohamed Chaouachi |
| 2025-06-18 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-06-18, (Printed version filed on 2025-06-20) | Mohamed Chaouachi |
| 2025-05-23 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-05-20 |
Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)), 23B PUB-BAN |
Sa Majesté le Roi |
| 2025-05-20 |
Certificate (on limitations to public access), 23A PUB-BAN |
Sa Majesté le Roi |
| 2025-05-20 |
Application for leave to appeal, (Book Form), PUB-BAN Missing: - Amended notice of application (Rec'd 2025-08-26), Completed on: 2025-08-26 |
Sa Majesté le Roi |
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 |
|---|---|---|
| Sa Majesté le Roi | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chaouachi, Mohamed | Respondent | Active |
Counsel
Party: Sa Majesté le Roi
Counsel
Camille Boucher
1 Notre-Dame Street East
4th Floor, Suite 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52107
FAX: (514) 873-9895
Email: maude.payette@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: Chaouachi, Mohamed
Counsel
Philippe Morneau
500 Place d'Armes
Bureau 1950
Montréal, Quebec
H2Y 2W2
Telephone: (514) 868-9090
FAX: (514) 868-9009
Email: ischurman@sgmlegal.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Criminal law — Appeals — Power of court of appeal — Unreasonable verdict — Whether Quebec Court of Appeal erred in law in creating new type of unreasonable verdict by use of concept of uneven scrutiny of testimony — Regime under which disclosure of prior record of prosecution witnesses must be made.
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)
In August 2008, a complainant reported a sexual assault. The file remained inactive until 2016, when there was a match between the sample obtained by the forensic kit and Mr. Chaouachi’s DNA profile. At trial, Mr. Chaouachi explained that he had been the victim of a car accident in January 2017 and had been in a coma for about three weeks. He had suffered severe craniocerebral trauma. He claimed to remember the broad aspects of the event well. According to his version, it constituted consensual sex with a person who provided her services as an escort.
The trial judge, applying W.(D.), declared that she did not believe the accused. She stated that the testimony of the accused, despite its exculpatory elements, did not undermine her belief. Essentially, the event occurred as the complainant recounted it as far as proof of the essential elements of the offences was concerned. The Court of Appeal found that the verdict was unreasonable, allowed the appeal and directed that a judgment of acquittal be entered. It had difficulty understanding how elements reported by Mr. Chaouachi had not raised a reasonable doubt given that the incongruity with the prosecution’s evidence was so evident.
Lower court rulings
Accused found guilty on three counts as laid
Motion for leave to appeal granted;
Appeal allowed;
Conviction set aside;
Judgment of acquittal directed to be entered
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
Not available