Case information
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36908
Jean-Louis Savard 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) |
|---|---|---|
| 2017-04-20 | Appeal closed | |
| 2017-04-13 | Transcript received, 51 pages | |
| 2017-04-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-04-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-03-31 |
Judgment on the appeal rendered, Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003093-148, 2016 QCCA 380, dated February 25, 2016, was heard on March 31, 2017, and the Court on that day delivered the following judgment orally: [TRANSLATION] WAGNER J. — This appeal as of right is based on the dissent of one judge in the Quebec Court of Appeal. The appellant was found guilty by Judge Michel Boudreault of the Court of Québec of having committed a number of sexual offences on his nephews and niece dating back to the 1960s. A majority of the judges of this Court agree with the reasons of the majority of the Court of Appeal. Côté J. would have ordered a new trial for the reasons of the dissenting judge in the Court of Appeal. For these reasons, the appeal is dismissed. Dismissed |
|
| 2017-03-31 | Appellant's condensed book, (Book Form), Submitted in Court | Jean-Louis Savard |
| 2017-03-31 |
Hearing of the appeal, 2017-03-31, Wa Ga Côt Br Row Judgment rendered |
|
| 2017-03-27 | Notice of appearance, Mr. Sébastien Vallée and Ms. Mélanie Paré will be present at the hearing and Mr. Vallée will present oral arguments. | Her Majesty the Queen |
| 2017-03-24 | Notice of appearance, Mr. Christian Maltais will be present at the hearing and will present oral arguments. | Jean-Louis Savard |
| 2017-03-16 | Appeal perfected for hearing | |
| 2017-03-15 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2017-03-15 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2017-03-15 | Respondent's book of authorities, (Book Form), 2 books filed, Completed on: 2017-03-15 | Her Majesty the Queen |
| 2017-03-15 | Respondent's factum, (Book Form), Completed on: 2017-03-15 | Her Majesty the Queen |
| 2017-01-18 | Certificate of counsel (attesting to record) | Jean-Louis Savard |
| 2017-01-18 | Appellant's book of authorities, (Book Form), (2 volumes), Completed on: 2017-01-18 | Jean-Louis Savard |
| 2017-01-18 | Appellant's record, (Book Form), (19 volumes), Completed on: 2017-01-18 | Jean-Louis Savard |
| 2017-01-18 | Appellant's factum, (Book Form), Completed on: 2017-01-18 | Jean-Louis Savard |
| 2016-12-05 | Order on motion to appoint counsel, by Justice Gascon | |
| 2016-12-05 |
Decision on motion to appoint counsel, Ga, UPON A MOTION by the appellant to appoint co-counsel under section 694.1 of the Criminal Code in which it is asked that Ronald Prégent be appointed to represent the appellant; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2016-12-05 | Submission of motion to appoint counsel, Ga | |
| 2016-11-28 | Notice of hearing sent to parties | |
| 2016-11-18 |
Motion to appoint counsel, (Book Form), (TO APPOINT A CO-COUNSEL) orginal and service to come (rec'd Nov.22/2016), Completed on: 2016-11-22 |
Jean-Louis Savard |
| 2016-11-16 |
Appeal hearing scheduled, 2017-03-31 Judgment rendered |
|
| 2016-11-07 |
Order by, CJ, IL EST ORDONNÉ CE QUI SUIT : 1. Toute personne souhaitant intervenir dans le présent pourvoi en application de l’art. 55 des Règles de la Cour suprême du Canada devra signifier et déposer une requête en autorisation d’intervenir au plus tard le 8 février 2017. 2. L’appelant et l’intimée devront, le cas échéant, signifier et déposer leurs réponses aux requêtes en autorisation d’intervenir au plus tard le 15 février 2017. 3. Les répliques aux réponses éventuelles aux requêtes en autorisation d’intervenir devront être signifiées et déposées au plus tard le 17 février 2017. 4. Les intervenants qui seront autorisés à intervenir en application de l’art. 59 des Règles de la Cour suprême du Canada devront signifier et déposer leur mémoire et recueil de sources au plus tard le 17 mars 2017. Granted |
|
| 2016-11-07 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2016-10-26 | Order on motion to appoint counsel, by Justice Gascon | |
| 2016-10-26 |
Decision on motion to appoint counsel, Ga, UPON A MOTION by the appellant for an order assigning counsel under section 694.1 of the Criminal Code and in which the appellant requests that Christian Maltais be assigned to represent him; AND UPON A MOTION by the appellant for an order extending the time within which to serve and file his factum and in which he requests a time of twelve (12) weeks from the date of the assignment of counsel and notes that the respondent has given her consent; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: 1.The motions are granted. 2.Christian Maltais is assigned to act as counsel for the appellant under s. 694.1 of the Criminal Code throughout the proceedings in this Court; 3.Mr. Maltais’s fees and disbursements shall be paid by the Attorney General of Quebec in accordance with subsections 2 and 3 of s. 694.1 of the Criminal Code; and 4.The appellant shall serve and file his factum, record and book of authorities on or before January 18, 2017. Granted |
|
| 2016-10-26 | Submission of motion to appoint counsel, Ga | |
| 2016-10-26 | Order on motion to extend time, by Justice Gascon | |
| 2016-10-26 |
Decision on motion to extend time, Ga Granted |
|
| 2016-10-26 | Submission of motion to extend time, Ga | |
| 2016-10-13 | Correspondence received from, (Letter Form), Respondent, re: will not file a response to the motion to appoint counsel. | Her Majesty the Queen |
| 2016-09-27 | Motion to appoint counsel, (Letter Form), Original copy and proof of service to come - rec'd , Completed on: 2016-10-04 | Jean-Louis Savard |
| 2016-08-04 | Correspondence received from, (Letter Form), Me Christian Maltais, counsel for the Appellant, fax dated Aug.4/2016. RE: still waiting for the consent. | Jean-Louis Savard |
| 2016-05-31 | Motion to extend time, (Book Form), on behalf of the appellant to serve and file their appeal factum, Completed on: 2016-05-31, (Electronic version filed on 2016-06-02) | Jean-Louis Savard |
| 2016-04-28 | Correspondence received from, the appellant. re: issues in attaining legal aid. | Jean-Louis Savard |
| 2016-04-07 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2016-04-07 | Appeal hearing adjourned, to a later date. | |
| 2016-03-30 | Letter acknowledging receipt of a notice of appeal | |
| 2016-03-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-03-29) | Jean-Louis Savard |
| 2016-03-29 | Notice of appeal, (Letter Form), Completed on: 2016-03-29, (Electronic version filed on 2016-03-29) | Jean-Louis Savard |
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 |
|---|---|---|
| Savard, Jean-Louis | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Savard, Jean-Louis
Counsel
860, rue de Puyjalon
Baie-Comeau, Quebec
G5C 1N1
Telephone: (418) 589-3737
FAX: (418) 589-3301
Email: cmaltais@cgocable.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Her Majesty the Queen
Counsel
Court House, 227 rue Racine E.
CP 370, Succ. Racine
Chicoutimi, Quebec
G7H 5C5
Telephone: (418) 696-9947
FAX: (418) 698-3559
Email: sebastien.vallee@dpcp.gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.gouv.qc.ca
Summary
Keywords
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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 - Appeals - Unreasonable verdict - Credibility of witnesses - Whether majority of Quebec Court of Appeal erred in law in finding that trial judge had not erred in law in analyzing credibility of accused and other witnesses heard for defence.
Mr. Savard was convicted of four counts of indecent assault on a male, one count of indecent assault on a female and one count of gross indecency for acts committed against his nephews and his niece in the 1960s. He appealed the convictions, alleging that the trial judge had handed down an unreasonable verdict and made several other errors. The majority of the Court of Appeal dismissed the appeal. Chamberland J.A., dissenting, would have allowed the appeal and ordered a new trial. In his view, the trial judge had erred in analyzing the credibility of Mr. Savard and the other defence witnesses.
Lower court rulings
Court of Quebec
Appellant convicted of four counts of indecent assault on a male, of one count of indecent assault on a female and one count of gross indecency
Court of Appeal of Quebec (Québec)
200-10-003093-148, 2016 QCCA 381
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
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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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