Case information
Consult our database for details on a Supreme Court of Canada case.
42153
Hu Fang v. His Majesty the King
(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) |
|---|---|---|
| 2026-10-06 | Close file on Leave | |
| 2026-08-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-08-27 | Judgment on leave sent to the parties | |
| 2026-08-27 |
Judgment of the Court on the application for leave to appeal, The extension of time to file and serve a reply pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-008267-245, 2025 QCCA 1350, dated October 28, 2025, is dismissed. Dismissed |
|
| 2026-07-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-02-17 |
Applicant's reply to respondent's argument, (Book Form), Missing Motion for extension of time Proof of Service (Rec'd 2026-02-20), Completed on: 2026-07-14, (Printed version due on 2026-02-24) |
Hu Fang |
| 2026-01-28 | Certificate (on limitations to public access), (Letter Form), 23A, (Electronic version filed on 2026-01-29) | His Majesty the King |
| 2026-01-28 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2026-02-02, (Electronic version filed on 2026-01-29) | His Majesty the King |
| 2026-01-05 |
Certificate (on limitations to public access), (Letter Form), Missing Proof of Service (Rec'd 2026-01-29) |
Hu Fang |
| 2025-12-31 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2025-12-23 |
Application for leave to appeal, (Book Form), Missing Amended Cover Page (Style of Cause) Amended Notice (Date)(Rec'd 2026-01-29), Completed on: 2026-02-02, (Electronic version filed on 2025-12-23) |
Hu Fang |
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 |
|---|---|---|
| Fang, Hu | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Fang, Hu
This party is not represented by counsel.
Party: His Majesty the King
Counsel
2800 boulevard Saint-Martin
bureau RC-02
Laval, Quebec
H7Y 2S9
Telephone: (450) 686-5911 Ext: 62334
FAX: (450) 686-8678
Email: simon.blais@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Trial — Commencement of proceedings — Judge presiding over pre-inquiry in private prosecution proceedings refusing to issue summons compelling proposed accused persons to answer charges set out in Indictments — Whether injustice, obstruction of justice and breach of trust by law enforcement occurred — Whether bias against Chinese Canadians results in two systems of justice in Canada — Whether Court of Appeal of Quebec ignored fresh case law and the nature of the case and that when the public is a victim of criminal acts, then the case is criminal — Whether offences of hostage taking, ransom, extortion, fraud, false declaration, money laundering, illegal use of public computer systems were completed — Whether errors by civil institutions or in administrative court procedures can exclude violations of the Criminal Code; Criminal Code, R.S.C. 1985, c. C-46, ss. 346(1), 361, 380.1(f)(a), 380.1
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.
Following disputes with co-owners in a condominium building, Mr. Hu sought to initiate a private prosecution against four persons alleging fraud and related offences including making a false document, identity theft and extortion. He filed four sworn informations. A pre-inquiry was held by the Court of Québec under s. 507.1 of the Criminal Code, R.S.C. 1985, c. C-46, to determine whether process should issue to compel the appearance of the prospective accused to answer the charges. The Court of Quebec found the matter is a civil proceeding, Mr. Hu did not present a prima facie case, and criminal prosecution was not justified. It declined to issue summons. Mr. Hu applied to the Superior Court of Quebec for review. The Superior Court of Quebec found no reviewable jurisdictional error, agreed with the Court of Quebec’s reasoning, and dismissed the application for review. The Court of Appeal of Quebec found no error and dismissed an appeal.
Lower court rulings
Court of Quebec
705-38-013373-232
Refusal in private prosecution proceedings to issue summons compelling proposed accused to answer charges in informations
Application for review dismissed
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