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.
34743
Her Majesty the Queen v. Stéphane McRae
(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) |
|---|---|---|
| 2013-12-17 | Appeal closed | |
| 2013-12-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-12-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-12-06 |
Judgment on the appeal rendered, LeB F Abe Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002572-100, 2012 QCCA 236, dated February 3, 2012, heard on May 21, 2013, is allowed. A new trial is ordered. Allowed |
|
| 2013-05-27 | Transcript received, (43 pages) | |
| 2013-05-21 | Judgment reserved OR rendered with reasons to follow | |
| 2013-05-21 |
Hearing of the appeal, 2013-05-21, LeB F Abe Cro Mo Ka Wa Judgment reserved |
|
| 2013-05-21 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2013-05-21 | Respondent's condensed book, (Book Form) | Stéphane McRae |
| 2013-05-08 | Appeal perfected for hearing | |
| 2013-05-07 | Notice of appearance, Stéphanie Carrier will be appearing | Stéphane McRae |
| 2013-05-07 | Order on motion to extend time, (by WAGNER J.) | |
| 2013-05-07 |
Decision on motion to extend time, Wa, UPON APPLICATION by the respondent for an order extending the time within which to serve and file his factum to April 30, 2013 and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2013-05-07 | Submission of motion to extend time, Wa | |
| 2013-05-06 | Notice of appearance, Sébastien Bergeron-Guyard and Thomas Jacques will be appearing | Her Majesty the Queen |
| 2013-05-01 | Correspondence received from, Change of address | Stéphane McRae |
| 2013-05-01 | Motion to extend time, to serve and file the Respondent's response to April 30/13 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal. (Amended rec'd May 3/13), Completed on: 2013-05-03 | Stéphane McRae |
| 2013-04-30 | Respondent's factum, (Book Form), Completed on: 2013-05-15 | Stéphane McRae |
| 2013-03-13 | Notice of hearing sent to parties | |
| 2013-03-07 |
Appeal hearing scheduled, 2013-05-21 Judgment reserved |
|
| 2013-03-01 | Appellant's book of authorities, Completed on: 2013-03-01 | Her Majesty the Queen |
| 2013-03-01 | Appellant's record, (3 volumes), Completed on: 2013-03-01 | Her Majesty the Queen |
| 2013-03-01 | Appellant's factum, Completed on: 2013-03-01 | Her Majesty the Queen |
| 2012-11-26 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-11-23 | Notice of appeal, Completed on: 2012-11-23 | Her Majesty the Queen |
| 2012-11-22 | Judgment on leave sent to the parties | |
| 2012-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-10-26 | Judgment on leave sent to the parties | |
| 2012-10-25 |
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 200-10-002572-100, 2012 QCCA 236, dated February 3, 2012, is granted without costs. Granted, without costs |
|
| 2012-07-30 | All materials on application for leave submitted to the Judges, LeB Abe Cro | |
| 2012-05-01 | Correspondence received from, Stéphanie Carrier dated April 27, 2012 re: change of counsel | Stéphane McRae |
| 2012-05-01 | Respondent's response on the application for leave to appeal, service missing, rec'd May 11, 2012, Completed on: 2012-05-14 | Stéphane McRae |
| 2012-04-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-03-30 | Application for leave to appeal, Completed on: 2012-03-30 | 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 |
|---|---|---|
| McRae, Stéphane | Respondent | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Thomas Jacques
Complexe Jules-Dallaire
2828, boul. Laurier, Tour 1, bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059
FAX: (418) 646-5412
Email: sebastien.b-guyard@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: McRae, Stéphane
Counsel
St-Omer, Quebec
G0C 2Z0
Telephone: (514) 886-2538
FAX: (514) 221-2181
Email: stephanie.carrier2@gmail.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 Criminal Code offences Offences against person and reputation Harassment and threats Threats to cause death or bodily harm Whether Court of Appeal erred in introducing new legal standard or at least field of exclusion from scheme of s. 264.1 of Criminal Code and in holding that threatening remarks made in circumstances where it is assumed that expectation of confidentiality may exist cannot satisfy actus reus and mens rea requirements for offence created in that section Whether Court of Appeal erred in law by making it defence that threats uttered because of frustration, anger or desire for revenge.
While in prison awaiting trial for trafficking in narcotics, the respondent, Mr. McRae, and another person conspired with each other to attack the Crown prosecutor, a police investigator and four witnesses. After finding out about this plan, the investigators decided to place a listening device on Mr. Cloutier, another inmate. The respondent was charged with seven counts of conveying a threat to cause death or bodily harm (s. 264.1(1)(a) of the Criminal Code). At trial, the Crown entered the respondent’s remarks into evidence.
Lower court rulings
Court of Quebec
110-01-000215-108, 2010 QCCA 9043
Acquittal entered on six counts of conveying threat to cause death or bodily harm (s. 264.1(1)(a) of Criminal Code)
Court of Appeal of Quebec (Québec)
200-10-002572-100, 2012 QCCA 236
Appeal dismissed
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