Case information
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33697
J.J. v. Royal Canadian Mounted Police, et al.
(Quebec) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2010-10-15 | Close file on Leave | |
| 2010-10-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-10-15 | Judgment on leave sent to the parties | |
| 2010-10-14 |
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 500-08-00316-093, 2010 QCCA 414, dated March 9, 2010, is dismissed without costs. Dismissed, without costs |
|
| 2010-09-13 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-06-07 | Respondent's response on the application for leave to appeal, service missing - rec'd June 8, 2010, original rec'd June, Completed on: 2010-06-08 | Royal Canadian Mounted Police |
| 2010-06-07 | Respondent's response on the application for leave to appeal, service missing - rec'd June 8, 2010, original rec'd June 10/10, Completed on: 2010-06-08 | Sûreté du Québec |
| 2010-05-12 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2010-05-07 | Application for leave to appeal, (new covers requested - rec'd May 18/10) (revised certificate (form 25B) rec'd by fax May 13/10), Completed on: 2010-05-18 | J.J. |
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 |
|---|---|---|
| J.J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Royal Canadian Mounted Police | Respondent | Active |
| Sûreté du Québec | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: J.J.
Counsel
Catherine Pilon
377, boulevard du Curé-Poirier Ouest
Longueuil, Quebec
J4J 2H1
Telephone: (450) 928-7666
FAX: (450) 928-7671
Email: mpblouin@ccjrs.com
Party: Royal Canadian Mounted Police
Counsel
5e étage, Tour Est
200, boulevard René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-3582
FAX: (514) 283-3856
Email: michel.miller@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Sûreté du Québec
Counsel
800 - 1, rue Notre-Dame E
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: dominique.legault@justice.gouv.qc.ca
Party: Attorney General of Quebec
Counsel
800 - 1, rue Notre-Dame E
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: dominique.legault@justice.gouv.qc.ca
Party: Attorney General of Canada
Counsel
5e étage, Tour Est
200, boulevard René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-3582
FAX: (514) 283-3856
Email: michel.miller@justice.gc.ca
Agent
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
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.
(Publication Ban in Case) (Publication Ban on Party)
Criminal law - Youth - Destruction of police records - Court having jurisdiction - Whether Court of Québec, Youth Division, has jurisdiction to order destruction of police records kept under Youth Criminal Justice Act, S.C. 2002, c. 1.
The Applicant was acquitted of criminal charges as a young person. Following the acquittals, he asked the Respondents, the Royal Canadian Mounted Police (“RCMP”) and the Sûreté du Québec (“SQ”), to destroy his record, his fingerprint sheet and the photographs taken at the time of his arrest. Since the SQ had transferred the Applicant’s record to the RCMP, the RCMP informed the Applicant that it was denying his request. It explained that it had the necessary authority to archive the information kept under the Youth Criminal Justice Act (“YCJA”) and the Criminal Records Act, R.S.C.1985, c. C-47. It stated that all of the information in the Applicant’s record was subject to non-disclosure and was no longer available for consultation in the central repository pursuant to s. 119 of the YCJA. The RCMP also stated that, under s. 116 of the YCJA, the fingerprint information was in a special repository and could be disclosed only for identification purposes under s. 128(5) of that Act. The Applicant therefore brought a motion in the Court of Québec, Youth Division, based on the YCJA and ss. 7, 8 and 24(1) of the Canadian Charter of Rights and Freedoms in order to obtain an order requiring the RCMP and the SQ to destroy the fingerprints, photographs and other information kept for identification purposes. In reply, the RCMP and the Respondent, the Attorney General of Canada, made a motion for declinatory exception. The motion was allowed; the Court of Québec, Youth Division, had no jurisdiction to order the destruction of the record. The Superior Court dismissed the Applicant’s motion for mandamus. The Court of Appeal dismissed the appeal.
Lower court rulings
Youth Court of Quebec
2008 QCCQ 13387
Requête en exception déclinatoire accueillie; Cour du Québec, chambre de la jeunesse, n'a pas compétence pour ordonner la destruction du dossier de police du demandeur
Superior Court of Quebec
505-36-001269-085
Requêtes en mandamus rejetée.
Court of Appeal of Quebec (Montréal)
2010 QCCA 414, 500-08-00316-093
Appel rejeté
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