Case information
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35971
Her Majesty the Queen v. Andrew Simpson, et al.
(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) |
|---|---|---|
| 2015-07-31 | Appeal closed | |
| 2015-07-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-07-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-07-30 |
Judgment on the appeal rendered, Ro Cro Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005306-129, 2014 QCCA 1143, dated May 30, 2014, heard on February 12, 2015, is allowed. The acquittals are set aside, and a new trial is ordered on all charges. Allowed |
|
| 2015-03-02 | Transcript received, 130 pages | |
| 2015-02-12 | Judgment reserved OR rendered with reasons to follow | |
| 2015-02-12 |
Hearing of the appeal, 2015-02-12, Ro Cro Mo Ka Wa Ga Côt Judgment reserved |
|
| 2015-02-12 | Amicus curiae's condensed book, (Book Form), Filed in Court | Walid Hijazi |
| 2015-02-12 | Intervener's condensed book, (Book Form), Filed in Court | City of Montreal |
| 2015-02-12 | Appellant's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2015-02-11 | Correspondence received from, (Letter Form), Ms. Farell re: content of video, (Electronic version filed on 2015-02-11) | Andrew Simpson |
| 2015-02-11 | Correspondence received from, (Letter Form), Mr. Simpson and Ms. Farell re: they intend to play a video at the hearing, (Electronic version filed on 2015-02-11) | Andrew Simpson |
| 2015-02-09 | Notice of appearance, (Letter Form), The respondents will be appearing and presenting orale arguments | Andrew Simpson |
| 2015-01-20 | Notice of appearance, Walid Hijazi will be present at the hearing. | Walid Hijazi |
| 2015-01-15 | Notice of appearance, Éric Couture will be present at the hearing, his pleadings will be made in the French Language. | City of Montreal |
| 2015-01-13 |
Notice of appearance, Dennis Galiatsatos and Christian Jarry will be present at the hearing. Dennis Galiatsatos will be presenting oral argument on behalf of the Appellant. His submissions will be in English. |
Her Majesty the Queen |
| 2015-01-08 |
Order by, Cro, FURTHER TO THE ORDER dated November 7, 2014, granting leave to intervene to the City of Montreal; 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 |
|
| 2015-01-05 | Appeal perfected for hearing | |
| 2014-12-22 | Intervener's book of authorities, Completed on: 2014-12-22 | City of Montreal |
| 2014-12-22 | Intervener's factum, Completed on: 2014-12-22 | City of Montreal |
| 2014-12-12 | Amicus curiae's book of authorities, (Book Form), (Vol. 1 and 2), Completed on: 2014-12-12 | Walid Hijazi |
| 2014-12-12 | Amicus curiae's factum, (Book Form), Completed on: 2014-12-12, (Electronic version filed on 2014-12-12) | Walid Hijazi |
| 2014-12-10 | Notice of hearing sent to parties | |
| 2014-12-08 | Correspondence received from, Frédérick Langlois by email, re: will act as agent for both the City of Montreal and the amicus curiae; these two parties consent to being represented by Me Langlois despite being adverse in interest | Walid Hijazi |
| 2014-12-02 |
Appeal hearing scheduled, 2015-02-12, (previously tentatively scheduled on January 12, 2015) Judgment reserved |
|
| 2014-11-20 | Correspondence (sent by the Court) to, Respondents returning two (2) DVDs submitted with the Respondents' factum. | |
| 2014-11-19 | Correspondence received from, Frédérick Langlois dated 2014-11-19. Re: Will be acting as agent for the Amicus | Walid Hijazi |
| 2014-11-14 | Respondent's factum, (Book Form), Completed on: 2014-12-02 | Andrew Simpson |
| 2014-11-07 | Order on motion for leave to intervene, (by LEBEL J.) | |
| 2014-11-07 |
Decision on the motion for leave to intervene, LeB, UPON APPLICATION by the City of Montreal 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 of the City of Montreal is granted and the said intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before December 29, 2014. 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 respondents any additional disbursements occasioned to the appellant and respondents by their intervention. Granted |
|
| 2014-11-07 | Submission of motion for leave to intervene, LeB | |
| 2014-10-22 | Response to the motion for leave to intervene, (Letter Form), No submissions, Completed on: 2014-10-22, (Electronic version filed on 2014-10-22) | Walid Hijazi |
| 2014-10-22 | Response to the motion for leave to intervene, Completed on: 2014-10-22 | Her Majesty the Queen |
| 2014-10-17 | Motion for leave to intervene, (Book Form), Completed on: 2014-10-17 | City of Montreal |
| 2014-10-07 | Correspondence (sent by the Court) to, Mr. Walid Hijazi, re: amicus curiae mandate letter | |
| 2014-10-06 |
Order by, CJ, IT IS HEREBY ORDERED THAT: Given that the respondents have advised the Court that they will not be represented by counsel in this appeal, Mr. Walid Hijazi is accordingly appointed as amicus curiae to assist the Court by filing a factum of no more than 40 pages and a book of authorities on or before December 12, 2014, and by making oral submissions at the hearing of the appeal. The reasonable fees and disbursements of Mr. Hijazi shall be paid, on consent, by the Attorney General of Quebec. Granted |
|
| 2014-09-23 | Correspondence received from, Me Benoît Lauzon by email, re: response to letter from the Registrar dated September 12, 2014 | Her Majesty the Queen |
| 2014-09-19 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2014-09-19) | Her Majesty the Queen |
| 2014-09-19 | Appellant's book of authorities, (Book Form), Vol. 1 to 4, Completed on: 2014-09-19, (Electronic version filed on 2014-09-19) | Her Majesty the Queen |
| 2014-09-19 | Appellant's record, (Book Form), Vol. 1 to 11, Completed on: 2014-09-19, (Electronic version filed on 2014-09-19) | Her Majesty the Queen |
| 2014-09-19 | Appellant's factum, (Book Form), Completed on: 2014-09-19, (Electronic version filed on 2014-09-19) | Her Majesty the Queen |
| 2014-09-15 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2014-09-12 | Correspondence (sent by the Court) to, Dennis Galiatsatos by fax, re: paying the fees and disbursements of an amicus curiae | |
| 2014-08-05 | Correspondence received from, (Letter Form), Appellant, re.: a copy of the Provincial Court judgment & copy of the charging documents | Her Majesty the Queen |
| 2014-07-25 | Correspondence received from, (Letter Form), Respondents, re.: completed self-rep questionnaire regarding legal services | Andrew Simpson |
| 2014-07-18 |
Order by, Reg, IT IS HEREBY ORDERED THAT: The Notice of Appeal is deemed served by e-mail on the respondents on June 25, 2014. Granted |
|
| 2014-07-17 | Correspondence (sent by the Court) to, Respondents re: file open & attaching questionnaire regarding legal services | |
| 2014-07-15 | Correspondence received from, Dennis Galiatsatos re: clarification | Her Majesty the Queen |
| 2014-06-27 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-06-27 | Notice of appeal, Fee missing - rec'd July 23, 2014, Completed on: 2014-07-23 | 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 |
|---|---|---|
| Simpson, Andrew | Respondent | Active |
| Farrell, Kizzy-Ann | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Hijazi, Walid | Amicus curiae | Active |
| City of Montreal | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Christian Jarry
1 Notre-Dame Street East
Office 4.100
Montreal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52082
FAX: (514) 873-9895
Email: dennis.galiatsatos@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: Simpson, Andrew
This party is not represented by counsel.
Party: Farrell, Kizzy-Ann
This party is not represented by counsel.
Party: Hijazi, Walid
Counsel
Montréal, Quebec
H2Y 3T3
Telephone: (514) 840-9119
FAX: (514) 840-0177
Email: whijazi@aadm.ca
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: City of Montreal
Counsel
775, rue Gosford
4e étage
Montréal, Quebec
H2Y 3B9
Telephone: (514) 872-6868
FAX: (514) 872-1675
Email: eric.couture@ville.montreal.qc.ca
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616
FAX: (819) 243-2641
Email: flanglois@deveau.qc.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.
Charter of Rights - Unreasonable search and seizure - Breaking and entering - Colour of right - Whether the trial judge erred in law in finding that the respondents’ s. 8 Charter rights were violated - Whether the trial judge erred in finding colour of right.
The respondents were acquitted of the charges of breaking and entering, interference with the lawful use of property and exploitation of property, assaulting a police officer and assault with a weapon. During the building inspection of a commercial unit in which the respondents were residing, they assaulted police officers assisting municipal employees with the inspection. At trial, the respondents’ motion pursuant to ss. 7 and 8 of the Charter was granted and the state evidence against them was excluded. A majority of the Court of Appeal dismissed the Crown’s appeal. Thibault J.A., dissenting, would have allowed the appeal and ordered a new trial. In her view, “the absence of a right of occupation had been demonstrated beyond a reasonable doubt and the inspector’s visit accompanied by policemen was legal”.
Lower court rulings
Court of Quebec
500-01-051806-112, 500-01-057885-110
See file
Court of Appeal of Quebec (Montréal)
2014 QCCA 1143, 500-10-005306-129
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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