Case information
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32003
Jocelyn St-Germain v. Her Majesty the Queen
(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) |
|---|---|---|
| 2008-05-05 | Appeal closed | |
| 2008-05-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-05-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-05-01 |
Judgment on the appeal rendered, CJ Ba Bi De F Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-003629-068, 2007 QCCA 310, dated March 1, 2007, heard on November 7, 2007, is dismissed. Dismissed |
|
| 2007-11-21 | Transcript received, (82 pages) | |
| 2007-11-07 | Judgment reserved OR rendered with reasons to follow | |
| 2007-11-07 | Appellant's condensed book, Submitted in Court (14 copies) | Jocelyn St-Germain |
| 2007-11-07 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-11-07 |
Hearing of the appeal, 2007-11-07, CJ Ba Bi De F Abe Cha Judgment reserved |
|
| 2007-11-01 |
Order by, Ro, FURTHER TO THE ORDERS dated July 26 and October 19, 2007, in which Rothstein J. granted leave to intervene to the Attorney General of Ontario. IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of these appeals. Granted |
|
| 2007-10-31 | Intervener's book of authorities, (joint with 31662, 32091), Completed on: 2007-10-31 | Attorney General of Ontario |
| 2007-10-31 | Intervener's factum, (Joint with 31662, 32091), Completed on: 2007-10-31 | Attorney General of Ontario |
| 2007-10-29 | Notice of appearance, Roland Roy will be present at the hearing. | Jocelyn St-Germain |
| 2007-10-25 | Appeal perfected for hearing | |
| 2007-10-23 | Respondent's factum, Completed on: 2007-10-23 | Her Majesty the Queen |
| 2007-10-19 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2007-10-19 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Ontario for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the applicant, Attorney General of Ontario, are granted and the applicant shall be entitled to serve and file a single joint factum not to exceed 15 pages in length on or before October 31, 2007, in the following appeals: Her Majesty the Queen v. Patrick Mathieu (31662), Jocelyn St-Germain v. Her Majesty the Queen (32003) and Feng Jin v. Her Majesty the Queen (32091). The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention. Granted |
|
| 2007-10-19 | Submission of motion for leave to intervene, Ro | |
| 2007-10-09 | Order on motion to extend time | |
| 2007-10-09 |
Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to Sept. 27/07, Reg Granted |
|
| 2007-10-09 | Submission of motion to extend time, Reg | |
| 2007-10-05 | Response to motion to extend time, Completed on: 2007-10-05 | Her Majesty the Queen |
| 2007-10-05 | Motion to extend time, to file the appellant's factum, record and authorities to Sept. 27/07, Completed on: 2007-10-09 | Jocelyn St-Germain |
| 2007-09-27 | Appellant's book of authorities, Completed on: 2007-10-05 | Jocelyn St-Germain |
| 2007-09-27 | Appellant's record, Completed on: 2007-10-05 | Jocelyn St-Germain |
| 2007-09-27 | Appellant's factum, Completed on: 2007-10-05 | Jocelyn St-Germain |
| 2007-09-24 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2007-09-24 |
Decision on motion to extend time to serve and/or file notice of appeal, F, to Sept. 24/07 Granted |
|
| 2007-09-24 | Submission of motion to extend time to serve and/or file notice of appeal submitted, F | |
| 2007-09-24 | Response to motion to extend time to serve and/or file notice of appeal, Completed on: 2007-09-24 | Her Majesty the Queen |
| 2007-09-24 | Motion to extend the time to serve and/or file the notice of appeal, to Sept. 24/07, Completed on: 2007-09-24 | Jocelyn St-Germain |
| 2007-09-24 | Notice of appeal, Completed on: 2007-09-24 | Jocelyn St-Germain |
| 2007-09-18 | Correspondence received from, Roland Roy dated Sept. 18/07 appointing Richard Gaudreau as Ott. agent (by fax) | Jocelyn St-Germain |
| 2007-09-17 | Motion for leave to intervene, Completed on: 2007-09-17 | Attorney General of Ontario |
| 2007-09-10 | Notice of appearance, Steve Baribeau and Michel Pennou will be present at the hearing. | Her Majesty the Queen |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-08-03 |
Appeal hearing scheduled, 2007-11-07 Judgment reserved |
|
| 2007-08-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-08-03 | Judgment on leave sent to the parties | |
| 2007-08-02 |
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 500-10-003629-068, 2007 QCCA 310, dated March 1, 2007, is granted. This appeal is to be heard on November 7, 2007, with Her Majesty the Queen v. Laurier Monière (32014) and Her Majesty the Queen v. Patrick Mathieu (31662). The following schedule is set for serving and filing material: 1. The appellant shall serve and file its factum, record and book of authorities on or before September 26, 2007; 2. The respondent shall serve and file its factum, record and book of authorities on or before October 24, 2007; 3. Any applications for leave to intervene shall be served and filed on or before October 10, 2007, and any responses thereto shall be served and filed on or before October 17, 2007. There will be no right to reply; 4. Any interveners' factums and books of authorities shall be served and filed on or before October 31, 2007. Granted |
|
| 2007-07-03 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2007-05-17 | Respondent's response on the application for leave to appeal, (Letter Form), from S. Baribeau dated May 9/07, Completed on: 2007-05-17 | Her Majesty the Queen |
| 2007-05-15 | Correspondence received from, Roland Roy (Official CA Order will be filed June 4/07) | Jocelyn St-Germain |
| 2007-05-01 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order | |
| 2007-04-30 | Application for leave to appeal, (Revised Form 25B rec'd. May 15/07), formal CA order received June-06-07, Completed on: 2007-04-30 | Jocelyn St-Germain |
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 |
|---|---|---|
| St-Germain, Jocelyn | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: St-Germain, Jocelyn
Counsel
Ste-Agathe-des-Monts, Quebec
J8C 2Z7
Telephone: (514) 858-8111
FAX: (819) 321-2626
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Her Majesty the Queen
Counsel
Michel Pennou
85, rue de Martigny
St-Jérôme, Quebec
J7Y 3R8
Telephone: (450) 431-4401 Ext: 63809
FAX: (450) 569-3051
Email: sbaribeau@justice.gouv.qc.ca
Agent
17, rue Laurier, bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60422
FAX: (819) 772-3986
Email: dpilon@justice.gouv.qc.ca
Party: Attorney General of Ontario
Counsel
Megan Stephens
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4623
FAX: (416) 326-4656
Email: shawn.porter@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
None.
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.
Criminal law - Sentencing - Specific sanctions - Probation - Calculation of sentence for probation purposes - Interim detention - Whether probation order can be added to sentence of imprisonment where length of sentence reduced to less than two years because account taken of time spent by accused in pre-sentence custody.
St-Germain was convicted of a “criminal organization offence” under s. 467.11 of the Criminal Code, drug trafficking and conspiracy to traffic in drugs. The trial judge wanted to impose an aggregate prison sentence of 39 months. However, since St-Germain had been in interim detention for eight months, he accepted the joint suggestion of counsel that St-Germain be credited for 16 months of detention and given the following sentences: 12 months in custody for the first offence, 11 months in custody for the second offence, consecutive to the first sentence, and 11 months in custody for the third offence, concurrent with the second sentence. The trial judge also ordered that St-Germain be on probation for three years after being released from prison.
Lower court rulings
Court of Quebec
700-01-061181-056
See file
Court of Appeal of Quebec (Montréal)
2007 QCCA 310, 500-10-003629-068
See file
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
Not available
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