Case information
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34038
Her Majesty the Queen v. R.P.
(Quebec) (Criminal) (As of Right / By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-12-06 | Record returned to the Registrar of the Court of Appeal | |
| 2012-05-14 | Appeal closed | |
| 2012-05-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-05-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-05-11 |
Judgment on the appeal rendered, LeB De F Abe Cro Mo Ka Allowed |
|
| 2012-01-06 | Transcript received, (49 pages) | |
| 2011-12-16 | Judgment reserved OR rendered with reasons to follow | |
| 2011-12-16 | Respondent's condensed book, Submitted in Court (12 copies) | R.P. |
| 2011-12-16 | Appellant's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2011-12-16 | General proceeding, Questionnaire concerning the publication ban following the hearing. | R.P. |
| 2011-12-16 | General proceeding, Questionnaire concerning the publication ban following the hearing. | Her Majesty the Queen |
| 2011-12-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2011-12-16 |
Hearing of the appeal, 2011-12-16, LeB De F Abe Cro Mo Ka Judgment reserved |
|
| 2011-12-02 | Notice of appearance, Sarah-Julie Chicoine and Sébastien Bergeron-Guyart will be present at the hearing. | Her Majesty the Queen |
| 2011-12-02 | Notice of appearance, Yves Savard and Claudia Langdeau will be present at the hearing. | R.P. |
| 2011-11-25 | Correspondence received from, Savard, Pigeon by fax, re.: request for 6 reserved seats at the hearing | R.P. |
| 2011-08-29 | Notice of hearing sent to parties | |
| 2011-07-29 | Supplemental document, Supplementary factum of the Respondent as per the order the Registrar dated June 15, 2011, Completed on: 2011-07-29 | R.P. |
| 2011-07-29 | Respondent's book of authorities, Completed on: 2011-07-29 | R.P. |
| 2011-07-29 | Respondent's factum, Redacted electronic copy filed, Completed on: 2011-07-29 | R.P. |
| 2011-07-22 |
Appeal hearing scheduled, 2011-12-16, (start time 9:30am) Judgment reserved |
|
| 2011-06-29 | Supplemental document, Supplemental authorities as per the order the Registrar dated June 15, 2011, Completed on: 2011-06-29 | Her Majesty the Queen |
| 2011-06-29 | Supplemental document, Supplemental factum as per the order the Registrar dated June 15, 2011 (Electronic redacted copy filed), Completed on: 2011-06-29 | Her Majesty the Queen |
| 2011-06-22 | Appeal perfected for hearing | |
| 2011-06-21 | Order on motion to extend time | |
| 2011-06-21 |
Decision on motion to extend time, Reg, to serve and file the respondent's factum and book of authorities to July 29/11 Granted |
|
| 2011-06-21 | Submission of motion to extend time, Reg | |
| 2011-06-20 | Response to motion to extend time, (Letter Form), from Sarah-Julie Chicoine dated June 20/11, Completed on: 2011-06-20 | Her Majesty the Queen |
| 2011-06-20 | Motion to extend time, to serve and file the respondent's factum and book of authorities to July 29/11, Completed on: 2011-06-20 | R.P. |
| 2011-06-20 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2011-06-20 |
Decision on the motion for leave to intervene, Cha, UPON APPLICATION by the Director of Public Prosecutions for leave to intervene in the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Director of Public Prosecutions is dismissed. Dismissed |
|
| 2011-06-20 | Submission of motion for leave to intervene, Cha | |
| 2011-06-15 | Order on miscellaneous motion, (BY THE REGISTRAR) | |
| 2011-06-15 |
Decision on miscellaneous motion, Reg, À LA SUITE D’UNE REQUÊTE de l’appelante en vue de déposer un mémoire supplémentaire de 13 pages; APRÈS EXAMEN des documents déposés; IL EST ORDONNÉ CE QUI SUIT : La requête est accordée. L’appelante et l’intimé sont autorisés à déposer chacun un mémoire supplémentaire de 13 pages traitant de la quatrième question en litige seulement Granted |
|
| 2011-06-15 | Submission of miscellaneous motion, Reg | |
| 2011-05-25 | Response to miscellaneous motion, (Letter Form), from Yves Savard dated May 25/11, Completed on: 2011-05-25 | R.P. |
| 2011-05-25 | Motion for leave to intervene, Completed on: 2011-05-25 | Director of Public Prosecutions |
| 2011-05-25 | Transcript received, (16 pages) | |
| 2011-05-20 | Notice of miscellaneous motion, to file an additional factum of 13 pages, Completed on: 2011-05-20 | Her Majesty the Queen |
| 2011-05-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-05-10 | Judgment on leave sent to the parties | |
| 2011-05-09 |
Judgment of the Court on the application for leave to appeal, After hearing the parties on the motion to strike certain questions raised in the notice of appeal as of right filed by the appellant and on all related motions on May 9, 2011, the motions for an extension of time to serve and file the notice of appeal and the application for leave to appeal are granted. The motion to strike questions 2, 3 and 4 of the notice of appeal is dismissed and the application for leave to appeal de bene esse from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002302-086, 2010 QCCA 2237, dated December 3, 2010, is dismissed without costs. Dismissed, without costs |
|
| 2011-05-09 |
Hearing of the application for leave to appeal, 2011-05-09, LeB F Cro Judgment rendered |
|
| 2011-05-09 | General proceeding, Questionnaire concerning the publication ban at hearing | R.P. |
| 2011-05-09 | General proceeding, Questionnaire concerning the publication ban at hearing | Her Majesty the Queen |
| 2011-05-09 | Acknowledgement and consent for video taping of proceedings, From both parties | |
| 2011-05-09 |
Decision on motion to extend time to serve and/or file notice of appeal, LeB F Cro Allowed |
|
| 2011-05-09 |
Decision on motion to strike out, LeB F Cro Dismissed |
|
| 2011-05-09 |
All materials on application for leave submitted to the Judges, 2011-05-09, LeB F Cro Judgment rendered |
|
| 2011-05-03 | Notice of appearance, Sarah-Julie Chicoine will be present at the hearing. | Her Majesty the Queen |
| 2011-05-02 | Notice of appearance, Yves Savard and Claudia Langdeau will be present at the hearing on motions. | R.P. |
| 2011-04-27 | Appellant's book of authorities, Completed on: 2011-04-27 | Her Majesty the Queen |
| 2011-04-27 | Appellant's record, (3 volumes), Completed on: 2011-04-27 | Her Majesty the Queen |
| 2011-04-27 | Appellant's factum, Redacted electronic copy filed on June 1, 2011., Completed on: 2011-04-27 | Her Majesty the Queen |
| 2011-04-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-04-27 | Judgment on leave sent to the parties | |
| 2011-04-21 |
Order by, LeB F Cro, The motion to strike parts of the notice of appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002302-086, 2010 QCCA 2237, dated December 3, 2010, and all related motions will be heard on May 9, 2011. Oral hearing ordered |
|
| 2011-04-11 | Submission of motion to strike out, LeB F Cro | |
| 2011-04-11 | Submission of motion to extend time to serve and/or file notice of appeal submitted, LeB F Cro | |
| 2011-04-11 | Submission of motion to extend time to file and/ or serve the leave application, LeB F Cro | |
| 2011-04-04 | Appeal hearing scheduled, 2011-05-09, (Oral hearing) | |
| 2011-03-03 | Book of authorities, (service missing - rec'd by fax March 15/11) | R.P. |
| 2011-03-03 | Respondent's response on the application for leave to appeal, Service missing - rec'd by fax March 15/11, Completed on: 2011-03-15 | R.P. |
| 2011-02-24 | Reply to motion to strike out, Completed on: 2011-02-25 | R.P. |
| 2011-02-23 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2011-02-23 | Order on motion to extend time | |
| 2011-02-23 |
Decision on motion to extend time, Reg, to serve and file the respondent's reply to the motion to strike out to Feb. 25/11 Granted |
|
| 2011-02-23 | Submission of motion to extend time, Reg | |
| 2011-02-17 | Response to motion to extend time, from Pierre Des Rosiers dated Feb. 17/11, Completed on: 2011-02-17 | Her Majesty the Queen |
| 2011-02-11 | Response to motion to strike out, Completed on: 2011-02-11 | Her Majesty the Queen |
| 2011-02-11 | Motion to extend time, to serve and file the respondent's reply to the motion to strike out to Feb. 25/11, Completed on: 2011-02-18 | R.P. |
| 2011-02-04 | Motion to extend the time to file and or serve the application for leave to appeal, to Feb. 2/11, Completed on: 2011-02-04 | Her Majesty the Queen |
| 2011-02-03 | Motion to strike out, questions 2,3 and 4 of the notice of appeal (joint with letters dated Jan. 24 and Jan. 28/11 (fee paid Fev. 8/11), Completed on: 2011-02-03 | R.P. |
| 2011-02-02 | Book of authorities | Her Majesty the Queen |
| 2011-02-02 | Application for leave to appeal, (extension of time rec'd Feb. 4/11), Completed on: 2011-02-04 | Her Majesty the Queen |
| 2011-02-02 | Notice of appeal, AMENDED, Completed on: 2011-02-03 | Her Majesty the Queen |
| 2011-01-14 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), from Yves Savard dated Jan. 14/11 (original rec'd Jan. 20/11), Completed on: 2011-01-14 | R.P. |
| 2011-01-13 | Correspondence received from, Y. Savard dated Jan. 13/11 re: confirming Yannick Dompierre to act as agent (by fax) | R.P. |
| 2011-01-05 | Motion to extend the time to serve and/or file the notice of appeal, to Jan. 5/11, Completed on: 2011-01-05 | Her Majesty the Queen |
| 2011-01-05 | Notice of appeal, CD rec'd Jan. 10/11 (see AMENDED Notice rec'd Feb. 2/11), Completed on: 2011-01-10 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| R.P. | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Palais de Justice
300, boul. Jean-Lesage, # 2.55
Québec, Quebec
G1K 8K6
Telephone: (418) 641-6411 Ext: 5932
FAX: (418) 641-6492
Email: Sarah-Julie.Chicoine@ville.quebec.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: R.P.
Counsel
Claudia Langdeau
50, Route du Président Kennedy
Bureau 250
Lévis, Quebec
G6V 6W8
Telephone: (418) 837-7777
FAX: (418) 837-1668
Agent
85, rue Bellehumeur, # 260
Gatineau, Quebec
J8T 8B7
Telephone: (819) 561-1042 Ext: 11
FAX: (819) 561-5984
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 — Appeals — Unreasonable verdict — Evidence — Assessment — Statements made by accused during interrogation — Whether majority of Court of Appeal respected its role as appellate court as regards weight to be attached to statements made by respondent during police interrogation.
The respondent was convicted of indecently assaulting a female person between September 1974 and June 1979, contrary to s. 149 of the Criminal Code in force at the time. The complainant, who was the respondent’s sister in law and was between the ages of 13 and 17 at the time, stated that the respondent had regularly committed sexual acts against her. The incidents had allegedly occurred at the respondent’s home or in an automobile when he was going to drive her home after an evening of babysitting. On appeal, the respondent argued that the trial judge had made errors that had led to an unreasonable verdict. The majority of the Court of Appeal allowed the appeal and substituted a verdict of acquittal for the guilty verdict. Thibault J.A., dissenting, would have dismissed the appeal.
Lower court rulings
Court of Quebec
Intimé déclaré coupable d'avoir attenté à la pudeur d'une personne de sexe féminin contrairement à l'ancien article 149 du Code criminel
Court of Appeal of Quebec (Québec)
200-10-002302-086, 2010 QCCA 2237
Appel accueilli; intimé acquitté
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.
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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.
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