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.
34582
Donald Boudreault v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-11-08 | Appeal closed | |
| 2012-10-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2012-10-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2012-10-26 |
Judgment on the appeal rendered, LeB De F Abe Cro Mo Ka, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002606-106, 2011 QCCA 2071, dated November 11, 2011, heard on June 6, 2012, is allowed. The judgment of the Court of Appeal is set aside and the acquittals entered at trial are restored. Cromwell J. is dissenting. Allowed |
|
| 2012-08-08 | Correspondence received from, Benita Wassenaar dated August 7, 2012. Re: Filing of a decision from the Ontario Court of appeal - 2012 ONCA 524 (Sent to the Court on August 8, 2012) | Attorney General of Ontario |
| 2012-06-20 | Transcript received, (72 pages) | |
| 2012-06-06 | Judgment reserved OR rendered with reasons to follow | |
| 2012-06-06 | Respondent's condensed book, 14 copies - distributed at the hearing | Her Majesty the Queen |
| 2012-06-06 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-06-06 |
Hearing of the appeal, 2012-06-06, LeB De F Abe Cro Mo Ka Judgment reserved |
|
| 2012-05-29 |
Order by, F, FURTHER TO THE ORDER dated May 15, 2012, granting leave to intervene to the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted, no order as to costs |
|
| 2012-05-28 | Intervener's book of authorities, Completed on: 2012-05-28 | Attorney General of Ontario |
| 2012-05-28 | Intervener's factum, Completed on: 2012-05-28 | Attorney General of Ontario |
| 2012-05-25 | Supplemental document, (Book of authorities), Completed on: 2012-05-25 | Donald Boudreault |
| 2012-05-22 | Notice of appearance, Michael Bourget and Christine Gosselin will be present at the hearing | Her Majesty the Queen |
| 2012-05-16 | Respondent's book of authorities, Completed on: 2012-05-16 | Her Majesty the Queen |
| 2012-05-16 | Respondent's factum, Completed on: 2012-05-16 | Her Majesty the Queen |
| 2012-05-16 | Appeal perfected for hearing | |
| 2012-05-15 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2012-05-15 |
Decision on the motion for leave to intervene, F, UPON APPLICATION by the Attorney General of Ontario and 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 Attorney General of Ontario 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 May 28, 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 is not 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 |
|
| 2012-05-15 | Submission of motion for leave to intervene, F | |
| 2012-05-15 | Correspondence received from, Pierre Landry, dated May 15/12, by fax, Re : reserved seat | Donald Boudreault |
| 2012-05-07 | Notice of appearance, Jean-Marc Fradette and Marie-Ève St-Cyr will be present at the hearing | Donald Boudreault |
| 2012-04-19 | Response to the motion for leave to intervene, (Letter Form), from Pierre Landry dated Apr. 19/12, Completed on: 2012-04-19 | Donald Boudreault |
| 2012-04-17 | Motion for leave to intervene, Completed on: 2012-04-17 | Attorney General of Ontario |
| 2012-03-21 | Appellant's book of authorities, (3 volumes), Completed on: 2012-03-21 | Donald Boudreault |
| 2012-03-21 | Appellant's record, (2 volumes), Completed on: 2012-03-21 | Donald Boudreault |
| 2012-03-21 | Appellant's factum, Completed on: 2012-03-21 | Donald Boudreault |
| 2012-03-09 | Notice of hearing sent to parties | |
| 2012-03-09 |
Appeal hearing scheduled, 2012-06-06, (Start Time - 9:00 A.M.) Judgment reserved |
|
| 2012-02-02 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2011-12-12 | Notice of appeal, Completed on: 2011-12-12 | Donald Boudreault |
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 |
|---|---|---|
| Boudreault, Donald | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Boudreault, Donald
Counsel
351, rue Labrecque
Chicoutimi, Quebec
G7H 4S7
Telephone: (418) 543-4875
FAX: (418) 543-2129
Email: fradetteetassocies@bellnet.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Her Majesty the Queen
Counsel
227, rue Racine Est
Local 22.02
Chicoutimi, Quebec
G7H 7B4
Telephone: (418) 696-9947 Ext: 62687
FAX: (418) 698-3559
Email: michael.bourget@justice.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: Attorney General of Ontario
Counsel
720 Bay Street
10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4191
FAX: (416) 326-4656
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
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 - Offences - Elements of offence - Impaired driving and driving over “80” - Proof of intent to drive - Defences - Whether Court of Appeal erred in identifying elements of offence of having care or control of motor vehicle for purposes of s. 253(1)(a) and (b) of Criminal Code - Whether Court of Appeal erred in not considering “alternate plan” defence in relation to lack of intent to drive - Whether Court of Appeal erred in law in rejecting “alternate plan” as defence to charge of care and control of motor vehicle - Whether Court of Appeal erred in holding that risk that respondent might start driving motor vehicle is question of law.
After drinking a large quantity of alcohol, the appellant decided not to drive his automobile but to call a “designated driver” service. He decided to wait for them in his vehicle, sitting in the driver’s seat with the motor running, and then fell asleep. He was in this state when arrested by the police. Having rebutted the presumption provided for in s. 258(1)(a) of the Criminal Code, the appellant was acquitted of the offences provided for in s. 253(1)(a) and (b). The judge held that the Crown had failed to prove the actus reus, as there was no risk of the appellant driving the vehicle. The Court of Appeal allowed the Crown’s appeal and found the appellant guilty on both counts. Citing Sergerie v. R., 2005 QCCA 1227, it explained that intent to drive is not an essential element of the offences.
Lower court rulings
Court of Quebec
150-01-025596-090
See file
Court of Appeal of Quebec (Québec)
200-10-002606-106
See file
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
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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.
Downloadable PDFs
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