Case information
Consult our database for details on a Supreme Court of Canada case.
42191
Hu Fang v. His Majesty the King
(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) |
|---|---|---|
| 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 application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-008324-244, 2025 QCCA 1537, dated November 17, 2025 is dismissed. Dismissed |
|
| 2026-07-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-02-19 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2026-02-23) | His Majesty the King |
| 2026-02-19 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2026-02-23) | His Majesty the King |
| 2026-02-19 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2026-02-20, (Printed version filed on 2026-02-23) | His Majesty the King |
| 2026-01-22 | Letter advising parties of a complete application for leave to appeal, File opened | |
| 2026-01-15 | Certificate (on limitations to public access), (Letter Form), Public access to information form | Hu Fang |
| 2026-01-15 | Application for leave to appeal, (Book Form), PUB-BAN, Completed on: 2026-01-15 | 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 |
|---|---|---|
| Hu Fang | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Hu Fang
This party is not represented by counsel.
Party: His Majesty the King
Counsel
1 rue Notre-Dame East
Suite 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52067
Email: robert.benoit@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Release — Whether there is any need to impose bail conditions — Whether Court of Appeal erred in citing and relying on s. 683(3) of Criminal Code to dismiss an appeal from a review of release conditions — Whether Court of Appeal has jurisdiction where Superior Court of Quebec erred in respect of release conditions — Whether police profiling, false prosecution, systemic discrimination or persecution of Chinese Canadians arises — Whether result below is wrongful prosecution, miscarriage of justice, persecutory, destructive, unlawful or breach of UNESCO — Whether Charter rights to fairness, not to be denied release on bail without just cause, and to freedom of expression were breached — Whether result below is unreasonable, not based on expert evidence, or Director of Youth Protection was biased — Criminal Code, R.S.C. 1985, c. 46, s. 683(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.
(PUBLICATION BAN IN CASE)
Mr. Hu was convicted of assault. The Superior Court of Quebec issued a release order with conditions. Mr. Hu filed a Notice of Appeal in the Court of Appeal for Quebec seeking to appeal the release order. The Court of Appeal held that there is no statutory provision permitting the appeal and dismissed the appeal, citing s. 683(3) of the Criminal Code, R.S.C. 1985, c. 46.
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 Indictments
Application for review dismissed
Superior Court of Quebec
500-36-011025-247
See file
See file
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