Case information

Criminal law — Appeal — Procedures — Motion for dismissal — Whether Quebec Court of Appeal erred in law when it failed to apply principles of procedural fairness guaranteed by s. 7 of Canadian Charter of Rights and Freedoms, when it agreed to hear motion for dismissal of appeals knowing that appellant had not been personally informed of respondent’s application for dismissal of his appeals — Whether Quebec Court of Appeal erred in fact and law in exercising its discretion to grant motion for dismissal of appeals brought, rather than favouring less severe and less harmful measure — Whether Supreme Court of Canada is justified to intervene in circumstances.

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(PUBLICATION BAN IN CASE)

The applicant, Normand Dubé, is on trial for charges of mischief. Mr. Dubé’s actions left nearly 180,000 homes, as well as institutions such as the McGill University Health Centre in Montréal and the police force of Ville de Laval, without electricity. They also caused Hydro-Québec nearly 29 million dollars in damages in loss of revenue and the unforeseen purchase of electricity from neighbouring systems. All Hydro-Québec customers had to absorb this loss through subsequent rate increases.

At trial, the judge convicted Mr. Dubé and sentenced him to seven years’ imprisonment. Mr. Dubé sought to appeal that conviction, but the Court of Appeal granted the motions for dismissal because he had not complied with his recognizance and had flouted its authority. Four years later, Mr. Dubé sought to obtain, among other things, a revocation of judgment. All applications were dismissed. The motion for revocation became moot, and there was no need to expend judicial resources on it.

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