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.
33687
Tommy Bouchard-Lebrun 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) |
|---|---|---|
| 2011-12-08 | Appeal closed | |
| 2011-12-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-12-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-11-30 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002299-084, 2010 QCCA 402, dated March 3, 2010, heard on May 16, 2011, is dismissed without costs. Dismissed, without costs |
|
| 2011-06-10 | Transcript received, (60 pages) | |
| 2011-05-16 | Judgment reserved OR rendered with reasons to follow | |
| 2011-05-16 |
Hearing of the appeal, 2011-05-16, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2011-05-16 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2011-05-16 | Intervener's condensed book, Filed in Court | Attorney General of Canada |
| 2011-05-16 | Respondent's condensed book, Filed in Court | Her Majesty the Queen |
| 2011-05-16 | Appellant's condensed book, Filed in Court | Tommy Bouchard-Lebrun |
| 2011-05-12 | Notice of appearance, Véronique Robert and Roland Roy will be appearing | Tommy Bouchard-Lebrun |
| 2011-05-10 | Notice of appearance, Robert Gattrell and Joan Barrett will be appearing | Attorney General of Ontario |
| 2011-05-09 | Notice of appearance, Ginette Gobeil and François Joyal will be appearing | Attorney General of Canada |
| 2011-05-09 | Notice of appearance, Véronique Robert will be appearing | Tommy Bouchard-Lebrun |
| 2011-05-05 | Correspondence received from, Mr. Gattrell by e-mail re: New electonic form | Attorney General of Ontario |
| 2011-05-03 |
Order by, Ro, FURTHER TO THE ORDER dated April 1, 2011, granting leave to intervene to the Attorney General of Canada and the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the interveners are granted permission to present oral argument not exceeding ten (10) minutes at the hearing of this appeal Granted |
|
| 2011-05-02 | Intervener's book of authorities, Completed on: 2011-05-02 | Attorney General of Ontario |
| 2011-05-02 | Intervener's factum, Completed on: 2011-05-02 | Attorney General of Ontario |
| 2011-04-29 | Intervener's book of authorities, Vol. 1 and 2 - service rec'd May 4/11, Completed on: 2011-05-04 | Attorney General of Canada |
| 2011-04-29 | Intervener's factum, Service rec'd May 4/11, Completed on: 2011-05-04 | Attorney General of Canada |
| 2011-04-28 | Notice of appearance, Guy Loisel and Pierre Desrosiers will be present at the hearing. | Her Majesty the Queen |
| 2011-04-28 | Order on miscellaneous motion | |
| 2011-04-28 |
Decision on miscellaneous motion, Reg, for an order accepting its book of authorities as filed without page numbers Granted |
|
| 2011-04-28 | Submission of miscellaneous motion, Reg | |
| 2011-04-21 | Respondent's book of authorities, Completed on: 2011-04-21 | Her Majesty the Queen |
| 2011-04-21 | Respondent's factum, Completed on: 2011-04-21 | Her Majesty the Queen |
| 2011-04-07 | Appeal perfected for hearing | |
| 2011-04-01 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2011-04-01 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Canada and the Attorney General of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene by the Attorney General of Canada and the Attorney General of Ontario are granted and the interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before May 2, 2011. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners 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) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention Granted |
|
| 2011-04-01 | Submission of motion for leave to intervene, Ro | |
| 2011-03-22 | Order on motion to adjourn the hearing of the appeal, (BY CHIEF JUSTICE) | |
| 2011-03-22 |
Decision on motion to adjourn the hearing of the appeal, and the extension of time, CJ, UPON A MOTION by the respondent to adjourn the hearing of the above-mentioned appeal, which is scheduled for May 16, 2011; AND UPON A MOTION by the respondent for an extension of the time to serve and file her factum to May 27, 2011 and for permission to present oral argument at the hearing of the appeal notwithstanding rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: (1) The motion to adjourn the hearing of the appeal is dismissed. (2) The motion for an extension of time is granted in part. The respondent must serve and file her factum on or before April 21, 2011 and may present oral argument at the hearing of the appeal Dismissed |
|
| 2011-03-22 | Submission of motion to extend time, CJ | |
| 2011-03-22 | Submission of motion to adjourn the hearing of the appeal, CJ | |
| 2011-03-15 | Response to the motion to adjourn the hearing of the appeal, (Letter Form), from Véronique Robert dated March 15/11, Completed on: 2011-03-15 | Tommy Bouchard-Lebrun |
| 2011-03-15 | Notice of hearing sent to parties | |
| 2011-03-11 | Motion to adjourn the hearing of the appeal, Completed on: 2011-03-11 | Her Majesty the Queen |
| 2011-03-11 | Motion to extend time, to serve and file the respondent factum and to make oral argument at the hearing of the appeal notwithstanding rule 71(3), Completed on: 2011-03-11 | Her Majesty the Queen |
| 2011-03-10 | Motion for leave to intervene, Completed on: 2011-03-10 | Attorney General of Ontario |
| 2011-03-10 | Motion for leave to intervene, (bookform), Completed on: 2011-03-10 | Attorney General of Canada |
| 2011-03-09 |
Appeal hearing scheduled, 2011-05-16, (start time 9:30am) Judgment reserved |
|
| 2011-03-07 | Notice of miscellaneous motion, to accept the appellant's book of authorities as filed namely without page numbering, Completed on: 2011-03-18 | Tommy Bouchard-Lebrun |
| 2011-02-10 | Appellant's book of authorities, Page numbering missing - Motion rec'd on March 9, 2011 (3 volumes), Completed on: 2011-03-16 | Tommy Bouchard-Lebrun |
| 2011-02-10 | Appellant's record, (7 volumes), Completed on: 2011-02-10 | Tommy Bouchard-Lebrun |
| 2011-02-10 | Appellant's factum, Completed on: 2011-02-10 | Tommy Bouchard-Lebrun |
| 2010-12-13 | Correspondence received from, counsel for the appellant dated Dec-06-10 re: name of agent | Tommy Bouchard-Lebrun |
| 2010-11-19 | Notice of appeal, CD missing - Rec'd on Dec. 8, 2010, Completed on: 2010-12-08 | Tommy Bouchard-Lebrun |
| 2010-10-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-10-22 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-10-22 | Judgment on leave sent to the parties | |
| 2010-10-21 |
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 (Québec), Number 200-10-002299-084, 2010 QCCA 402, dated March 3, 2010, is granted without costs. Granted, without costs |
|
| 2010-07-26 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-07-14 | Order on motion to extend time | |
| 2010-07-14 |
Decision on motion to extend time, to serve and file the applicant's reply to Jun 9/10, DeRg Granted |
|
| 2010-07-12 | Submission of motion to extend time, DeRg | |
| 2010-07-08 | Response to motion to extend time, email from Guy Loisel dated July 8/10, Completed on: 2010-07-08 | Her Majesty the Queen |
| 2010-07-02 | Motion to extend time, to serve and file the applicant's reply to June 9/10, Completed on: 2010-07-02 | Tommy Bouchard-Lebrun |
| 2010-06-09 | Applicant's reply to respondent's argument, requested mot. for ext. of time-rec'd July 2, 2010, Completed on: 2010-07-02 | Tommy Bouchard-Lebrun |
| 2010-05-31 | Respondent's response on the application for leave to appeal, Completed on: 2010-05-31 | Her Majesty the Queen |
| 2010-04-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-04-30 | Book of authorities | Tommy Bouchard-Lebrun |
| 2010-04-30 | Application for leave to appeal, Completed on: 2010-04-30 | Tommy Bouchard-Lebrun |
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 |
|---|---|---|
| Bouchard-Lebrun, Tommy | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Bouchard-Lebrun, Tommy
Counsel
Roland Roy
11906, boul. de l'Acadie
Montréal, Quebec
H3M 2T7
Telephone: (514) 858-8111
FAX: (514) 303-9689
Email: veronique.robert@videotron.ca
Agent
136, rue Wright
Gatineau, Quebec
J8X 2G9
Telephone: (819) 772-3084
FAX: (819) 772-3105
Email: jcampeau@ccjo.qc.cq
Party: Her Majesty the Queen
Counsel
382, avenue St-Jérôme
Matane, Quebec
G4W 3B3
Telephone: (418) 562-3532 Ext: 67362
FAX: (418) 560-8427
Email: gloisel@justice.gouv.qc.ca
Agent
17, rue Laurier
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60411
FAX: (819) 772-3986
Email: pdesrosiers@justice.gouv.qc.ca
Party: Attorney General of Canada
Counsel
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 9e Étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 283-3856
Email: ginette.gobeil@justice.gc.ca
Agent
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Attorney General of Ontario
Counsel
Joan Barrett
Crown Law Office Criminal
720 Bay St., 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4945
FAX: (416) 326-4656
Email: robert.gattrell@ontario.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 - Defences - Intoxication - Mental disorder - Whether Court of Appeal erred in refusing to find that appellant not criminally responsible on account of mental disorder on basis that although psychosis he suffering from had prevented him from distinguishing right from wrong, it resulted from self induced intoxication.
The appellant, Mr. Bouchard-Lebrun, took some drugs, after which he and a friend broke into a building to attack Mr. Lévesque, one of the residents. During the altercation, a neighbour tried to come to Mr. Lévesque’s aid. Mr. Bouchard-Lebrun grabbed him and pushed him down some stairs, then went down after him and stomped on his head several times. Mr. Bouchard-Lebrun was charged with attempt to break and enter, breaking and entering, assault and aggravated assault. At trial, Mr. Bouchard-Lebrun claimed that when he had committed the acts, he had been in a psychotic state caused by his friend’s influence over him, and he raised the defence of self induced intoxication. In light of the expert evidence, the Court of Québec held that the psychosis had been caused by his drug use. It acquitted him on the counts of breaking and entering and attempt to break and enter on the basis that owing to his mental state, he had been unaware of the consequences of his actions. However, it convicted him of aggravated assault and assault, because s. 33.1(3) provides that self induced intoxication is not a defence to such offences. On appeal, Mr. Bouchard-Lebrun raised the defence of “mental disorder” provided for in s. 16 Cr.C. The Quebec Court of Appeal dismissed the appeal of the verdict and the motion for leave to appeal the sentence. It held that Canadian courts have held that the defence of mental disorder is not available to an accused suffering from psychosis induced by drug use in circumstances similar to those in this case.
Lower court rulings
Court of Quebec
120-01-003396-052, 120-01-003400-052, 2008 QCCQ 5844
Déclaration de culpabilité pour voies de fait graves et voies de fait prononcée; acquittement pour entrée par effraction et tentative d’entrer par effraction prononcé
Court of Appeal of Quebec (Québec)
200-10-002299-084, 2010 QCCA 402
Appel sur le verdict rejeté; requête pour permission d’appeler de la peine rejetée
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