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.
34557
Her Majesty the Queen v. Nicole Rochon
(Quebec) (Criminal) (As of Right / 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) |
|---|---|---|
| 2012-10-30 | Transcript received, (48 pages) | |
| 2012-10-19 | Appeal closed | |
| 2012-10-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-10-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-10-16 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-004238-083, 2011 QCCA 2012, dated October 26, 2011, was heard this day and the following judgment was rendered orally: [TRANSLATION] FISH J.: It is unnecessary to decide in this case whether an omission “to do anything” can serve as a basis for conviction under s. 21(1)(b) of the Criminal Code where the accused did not have a duty to act. In light of the trial judge’s findings of fact, we agree with the majority of the Court of Appeal that the evidence was insufficient to establish to the required degree of certainty that the respondent had acted, or failed to act, for the purpose of aiding any person to commit the crimes mentioned in the indictment, even if that was clearly the result. For these reasons, the appeal is dismissed. Cromwell J., dissenting, would have allowed the appeal, substantially for the reasons given by Dalphond J.A., dissenting in the Court of Appeal. Dismissed |
|
| 2012-10-16 |
Hearing of the appeal, 2012-10-16, CJ LeB F Abe Ro Cro Mo Judgment rendered |
|
| 2012-10-16 | Appellant's condensed book, 14 copies - distributed at the hearing | Her Majesty the Queen |
| 2012-10-16 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-10-05 | Notice of appearance, Jean Campeau and Christine Lafrance will be present at the hearing | Her Majesty the Queen |
| 2012-10-03 | Notice of appearance, François Lacasse will be present at the hearing | Director of Public Prosecutions of Canada |
| 2012-08-29 | Notice of appearance, Julie Giroux and Alexandre Bergevin will be appearing | Nicole Rochon |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-10-16 Judgment rendered |
|
| 2012-06-29 | Intervener's book of authorities, Service rec'd July 19/12, Completed on: 2012-06-29 | Director of Public Prosecutions of Canada |
| 2012-06-29 | Intervener's factum, Service rec'd July 19/12, Completed on: 2012-06-29 | Director of Public Prosecutions of Canada |
| 2012-06-20 | Order on motion to extend time | |
| 2012-06-20 |
Decision on motion to extend time, to serve and file the respondent's factum and book of authorities to June 15/12 and for oral argument at the hearing of the appeal, F Granted, no order as to costs |
|
| 2012-06-19 | Submission of motion to extend time, F | |
| 2012-06-14 | Response to motion to extend time, (Letter Form), rec'd from Mr. Lacasse, Completed on: 2012-06-14 | Director of Public Prosecutions of Canada |
| 2012-06-14 | Response to motion to extend time, Included in the motion, Completed on: 2012-06-14 | Her Majesty the Queen |
| 2012-06-14 | Motion to extend time, to file the Respondent's factum, record, authorities and to present oral arguments - consent included, Completed on: 2012-06-14 | Nicole Rochon |
| 2012-06-14 | Respondent's book of authorities, (3 volumes), Completed on: 2012-06-14 | Nicole Rochon |
| 2012-06-14 | Respondent's factum, Motion for extension of time rec'd June 14/12, Completed on: 2012-06-19 | Nicole Rochon |
| 2012-05-15 | Correspondence received from, Richard Gaudreau, letter dated May 8, 2012, re.: He is the agent for the respondent | Nicole Rochon |
| 2012-05-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-05-11 | Judgment on leave sent to the parties | |
| 2012-05-10 |
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 500-10-004238-083, 2011 QCCA 2012, dated October 26, 2011 is dismissed without costs. Dismissed, without costs |
|
| 2012-05-08 | Correspondence received, from Richard Gaudreau dated May 8, 2012 re: will act as agent for the respondent | |
| 2012-05-04 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2012-05-04 |
Decision on the motion for leave to intervene, F, UPON A MOTION by the Director of Public Prosecutions for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Director of Public Prosecutions is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before June 29, 2012. 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) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2012-05-04 | Submission of motion for leave to intervene, F | |
| 2012-04-23 | Appeal perfected for hearing | |
| 2012-04-12 | Response to the motion for leave to intervene, Completed on: 2012-04-12 | Nicole Rochon |
| 2012-04-05 | Order on motion to extend time | |
| 2012-04-05 |
Decision on motion to extend time, Reg, to serve and file the respondent's factum, record and book authorities to May 25/12 Granted |
|
| 2012-04-05 | Submission of motion to extend time, Reg | |
| 2012-03-29 | Motion to extend time, Completed on: 2012-03-29 | Nicole Rochon |
| 2012-03-26 | Motion for leave to intervene, Completed on: 2012-03-27 | Director of Public Prosecutions of Canada |
| 2012-03-26 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2012-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-02-27 | Appellant's book of authorities, Completed on: 2012-02-27 | Her Majesty the Queen |
| 2012-02-27 | Appellant's record, (3 volumes), Completed on: 2012-02-27 | Her Majesty the Queen |
| 2012-02-27 | Appellant's factum, Completed on: 2012-02-27 | Her Majesty the Queen |
| 2012-02-09 | Respondent's response on the application for leave to appeal, (Letter Form), Letter from Julie Giroux, dated Feb. 3, 2012, re.: Will not be filing a response, along with an explanation., Completed on: 2012-02-09 | Nicole Rochon |
| 2012-01-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-12-22 | Application for leave to appeal, Completed on: 2012-01-10 | Her Majesty the Queen |
| 2011-11-25 | Notice of appeal, Completed on: 2011-11-25 | 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 |
|---|---|---|
| Rochon, Nicole | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions of Canada | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
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: Rochon, Nicole
Counsel
Alexandre Bergevin
Bureau 300
Montréal, Quebec
H2Y 1A3
Telephone: (514) 750-7425
FAX: (514) 866-2929
Email: julie_giroux@me.com
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: Director of Public Prosecutions of Canada
Counsel
284, rue Wellington
2ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.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.
Criminal law Drugs and substances Marijuana Cultivating or producing Possession for purpose of trafficking Complicity by omission Actus reus Whether complicity by omission under s. 21(1)(b) of Criminal Code requires existence of legal duty to act and whether failure to act by person who omits to exercise authority over another person or property can constitute actus reus.
The appellant Ms. Rochon entrusted her property to her son in her absence. When she returned to her property in the summer, she found that marijuana was being cultivated on her land. She asked her son twice to remove the crop, but she did not want to report him to the authorities. The trier of fact concluded from the evidence that Ms. Rochon had known of the situation and had therefore been obliged to call the police and report what her son was doing.
Lower court rulings
Court of Quebec
2008 QCCQ 7960, 560-01-009814-063
Applicant convicted of production of cannabis and possession of cannabis for purpose of trafficking
Court of Appeal of Quebec (Montréal)
2011 QCCA 2012, 500-10-004238-083
Appeal allowed: judgment of Court of Québec set aside, conviction quashed, applicant acquitted
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