Case information
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34512
Her Majesty the Queen v. Frédérick Bélanger
(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) |
|---|---|---|
| 2013-02-28 | Appeal closed | |
| 2013-02-28 | Transcript received, (68 pages) | |
| 2013-02-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-02-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-02-12 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002566-102, 2011 QCCA 1598, dated September 8, 2011, was heard on February 12, 2013, and the Court on that day delivered the following judgment orally: [TRANSLATION] WAGNER J. — The Crown appeals from a judgment in which the Quebec Court of Appeal reversed the trial judge’s decision and acquitted the respondent of dangerous operation of his motor vehicle and of thereby causing bodily harm to Michel Bisson and the death of Michel Rostand, contrary to s. 249 of the Criminal Code. It is common ground that passing on a double line does not on its own suffice to establish the respondent’s criminal liability. All the circumstances of the case must be considered. The trial judge made no fatal error in finding the respondent guilty. She took the relevant factors and all the circumstances into account. The Court of Appeal’s intervention was therefore not warranted. For these reasons, the appeal is allowed. The judgment of the Quebec Court of Appeal dated September 8, 2011 is set aside, the judgment of the Court of Québec dated September 14, 2010 is restored, and the case is remanded to the Court of Québec in the judicial district of Baie-Comeau for sentencing submissions. Allowed |
|
| 2013-02-12 |
Hearing of the appeal, 2013-02-12, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment rendered |
|
| 2013-02-12 | Acknowledgement and consent for video taping of proceedings, All parties consented. | |
| 2013-02-12 | Respondent's condensed book, (Book Form) | Frédérick Bélanger |
| 2013-02-12 | Appellant's condensed book, (Book Form) | Her Majesty the Queen |
| 2013-01-17 | Notice of appearance, Robin Tremblay and Guy Loisel will be apprearing. They will both present oral arguments. | Her Majesty the Queen |
| 2013-01-04 | Notice of appearance, Jean-Claude Dufour and Patrick Jacques will be present at the hearing. | Frédérick Bélanger |
| 2012-12-10 | Notice of hearing sent to parties | |
| 2012-11-22 |
Appeal hearing scheduled, 2013-02-12, (previously & tentatively scheduled Jan.21/13) Judgment rendered |
|
| 2012-10-30 | Appeal perfected for hearing | |
| 2012-10-01 | Respondent's factum, Completed on: 2012-10-01 | Frédérick Bélanger |
| 2012-08-16 | Supplemental document, record, service missing (rec'd aug 23/12), Completed on: 2012-08-23 | Her Majesty the Queen |
| 2012-08-16 | Appellant's record, (Book Form), 2 volumes, service missing (rec'd aug 23/12), Completed on: 2012-08-23 | Her Majesty the Queen |
| 2012-08-16 | Appellant's book of authorities, (Book Form), service missing (rec'd aug 23/12), Completed on: 2012-08-23 | Her Majesty the Queen |
| 2012-08-16 | Appellant's factum, (Book Form), Service missing (rec'd aug 23/12), Completed on: 2012-08-23 | Her Majesty the Queen |
| 2012-06-20 | Correspondence received from, Richard Gaudreau dated June 20 re: will be acting as agent | Frédérick Bélanger |
| 2012-05-30 | Correspondence (sent by the Court) to, parties on the 2nd tentative date of the hearing of the appeal | |
| 2012-05-28 | Notice of appeal, Completed on: 2012-05-28 | Her Majesty the Queen |
| 2012-05-23 | Correspondence received from, J.-C.-Dufour dated May 17/12, re.: typo in letter dated May 15/12 | Frédérick Bélanger |
| 2012-05-18 | Correspondence received from, J.-C. Dufour dated May 15/12, re.: request to change hearing date | Frédérick Bélanger |
| 2012-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-04-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-04-27 | Judgment on leave sent to the parties | |
| 2012-04-26 |
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 200-10-002566-102, 2011 QCCA 1598, dated September 8, 2011, is granted without costs. Granted, without costs |
|
| 2012-02-27 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-11-21 | Respondent's response on the application for leave to appeal, Completed on: 2011-11-21 | Frédérick Bélanger |
| 2011-11-07 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-11-03 | Book of authorities | Her Majesty the Queen |
| 2011-11-03 | Application for leave to appeal, Completed on: 2011-11-03 | 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 |
|---|---|---|
| Bélanger, Frédérick | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Guy Loisel
Palais de justice de Baie-Comeau
71, avenue Mance, bureau 1.05
Baie-Comeau, Quebec
G4Z 1N2
Telephone: (418) 296-4994 Ext: 66633
FAX: (418) 294-8990
Email: robin.tremblay@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca
Party: Bélanger, Frédérick
Counsel
Patrick Jacques
Baie-Comeau, Quebec
G4Z 1R6
Telephone: (418) 296-4142
FAX: (418) 296-8890
Email: jcdufour@globetrotter.net
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
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 Offences Elements of offence Dangerous driving Whether Court of Appeal erred in interpreting and applying test developed by Supreme Court of Canada in R. v. Beatty for analysis of offence of dangerous operation causing bodily harm or death Criminal Code, R.S.C. 1985, c. C 46, s. 249.
On October 7, 2007 at about 7:30 p.m., the respondent was driving west on highway 138 near Baie Comeau. He was accompanied by a friend. He had no specific destination. He was driving behind a pickup truck and decided to pass it even though there was a solid double line on the roadway. About five seconds after he pulled out to pass the pickup, the respondent collided head on with an oncoming vehicle driven by the victim, who died instantly. The fatal collision occurred on the shoulder of the highway, as both drivers had instinctively swerved on to it. The respondent was unable to return to his own lane because he was parallel to the pickup he was passing. The collision occurred at a place where passing is still prohibited. The respondent’s friend escaped with a fractured femur, while the respondent injured his ankle.
At trial in the Court of Québec, the respondent was convicted of two counts of dangerous operation, one for causing bodily harm and the other death. The Quebec Court of Appeal set aside the trial judgment and acquitted the respondent on both counts. According to the Court of Appeal, the trial judge had erred in law in applying the modified objective test for the mens rea of the offence of dangerous driving.
Lower court rulings
Court of Quebec
2010 QCCQ 13775, 655-01-002767-084
Respondent convicted of dangerous driving causing bodily harm and dangerous driving causing death
Court of Appeal of Quebec (Québec)
200-10-002566-102, 2011 QCCA 1598
Appeal allowed: trial judgment set aside and respondent acquitted of both counts
Memorandums of argument on application for leave to appeal
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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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