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.
37207
Her Majesty the Queen v. Justine Awashish
(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) |
|---|---|---|
| 2018-11-21 | Appeal closed | |
| 2018-10-29 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-10-29 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-10-26 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003216-160, 2016 QCCA 1164, dated July 12, 2016, heard on February 7, 2018, is dismissed. Dismissed |
|
| 2018-10-18 | Notice of change of counsel, Emily K. Moreau, agent for the Applicant, Her Majesty the Queen. | Her Majesty the Queen |
| 2018-02-20 | Transcript received, (97 pages) | |
| 2018-02-07 | Judgment reserved OR rendered with reasons to follow | |
| 2018-02-07 |
Hearing of the appeal, 2018-02-07, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-02-07 | Respondent's condensed book, (Book Form), (14 copies) Submitted in Court room. | Justine Awashish |
| 2018-02-07 | Appellant's condensed book, (Book Form), (14 copies) Submitted in Court room. | Her Majesty the Queen |
| 2018-01-26 | Notice of appearance, (Letter Form), Milan Rupic and Avene Derwa will be appearing. Milan Rupic will present oral argument. | Attorney General of Ontario |
| 2018-01-25 | Notice of appearance, (Letter Form), Jean-Marc Fradette and Pascal Lévesque will be appearing. Both counsel will present oral argument. | Justine Awashish |
| 2018-01-25 | Notice of appearance, (Letter Form), Justin Tremblay and Pierre Bienvenue will be appearing. Mr. Tremblay will present oral argument. | Her Majesty the Queen |
| 2017-11-22 | Notice of hearing sent to parties | |
| 2017-11-22 |
Appeal hearing scheduled, 2018-02-07, (Previously scheduled for November 8, 2017) Judgment reserved |
|
| 2017-11-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (Tentatively scheduled for February 7, 2018) | |
| 2017-11-06 | Correspondence received from, (Letter Form), Christina Christie (by email). Nadia Effendi is agent for the intervener. | Attorney General of Ontario |
| 2017-10-30 |
Order by, the Chief Justice, CJ, IT IS HEREBY ORDERED THAT the above appeal scheduled to be heard on November 8, 2017, is traversed to the 2018 Winter session. The Registrar shall fix a new hearing date. Adjourned |
|
| 2017-08-30 | Intervener's book of authorities, (Book Form), Completed on: 2017-08-30 | Attorney General of Ontario |
| 2017-08-30 | Intervener's factum, (Book Form), Completed on: 2017-08-30 | Attorney General of Ontario |
| 2017-08-18 | Notice of hearing sent to parties | |
| 2017-08-15 | Appeal perfected for hearing | |
| 2017-07-24 | Respondent's record, (Book Form), Completed on: 2017-07-24 | Justine Awashish |
| 2017-07-24 | Certificate (on limitations to public access), (Letter Form), 23B | Justine Awashish |
| 2017-07-24 | Certificate (on limitations to public access), (Letter Form), 23A | Justine Awashish |
| 2017-07-24 | Respondent's factum, (Book Form), service on the intervener missing-rec'd 2017/07/28, Completed on: 2017-07-24 | Justine Awashish |
| 2017-07-19 | Order on motion for leave to intervene, (By Justice Abella) | |
| 2017-07-19 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Attorney General of Ontario 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 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 August 30, 2017. The said intervener is granted permission to present oral arguments not exceeding five (5) minutes at the hearing of the appeal. 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 resulting from its intervention. Granted |
|
| 2017-07-19 | Submission of motion for leave to intervene, Abe | |
| 2017-07-11 | Correspondence received from, (Letter Form), Jean-Marc Fradette (by email). Amélie Charlebois is agent for the respondent. | Justine Awashish |
| 2017-06-29 | Correspondence received from, Emily Moreau dated 2017-06-29. Re: Change of counsel for agent | Her Majesty the Queen |
| 2017-06-28 | Motion for leave to intervene, (Letter Form), Completed on: 2017-06-28 | Attorney General of Ontario |
| 2017-06-02 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2017-06-02 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty the Queen |
| 2017-06-02 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2017-06-02 | Notice of name, (Letter Form) | Her Majesty the Queen |
| 2017-06-02 | Appellant's record, (Book Form), (2 volumes), Completed on: 2017-06-02 | Her Majesty the Queen |
| 2017-06-02 | Appellant's factum, (Book Form), Completed on: 2017-06-02 | Her Majesty the Queen |
| 2017-04-10 | Notice of appeal, (Letter Form), Completed on: 2017-04-10, (Electronic version filed on 2017-04-10) | Her Majesty the Queen |
| 2017-03-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-03-15 | Correspondence received from, Me Mélanie Décoste - Counsel for the respondent, re: request to dispense with the requirements of an agent (email rec'd March 15, 2017). | Justine Awashish |
| 2017-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-03-10 | Judgment on leave sent to the parties | |
| 2017-03-09 |
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 200-10-003216-160, 2016 QCCA 1164, dated July 12, 2016, is granted. Granted |
|
| 2017-01-16 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2016-10-31 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-10-31 | Justine Awashish |
| 2016-09-29 | Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2016-09-29 | |
| 2016-09-28 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Her Majesty the Queen |
| 2016-09-28 | Application for leave to appeal, (Book Form), Completed on: 2016-09-28 | 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 |
|---|---|---|
| Awashish, Justine | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Pierre Bienvenue
2828, boulevard Laurier, Tour 1, bureau 500
Complexe Jules Dalaire
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20934
FAX: (418) 644-3428
Email: justin.tremblay@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
Party: Awashish, Justine
Counsel
Mélanie Décoste
Pascal Lévesque
351, rue Labrecque
Chicoutimi, Quebec
G7H 4S7
Telephone: (418) 543-4875
FAX: (418) 543-2129
Email: jmarcfradette@hotmail.com
Agent
166 rue Wellington
Gatineau, Quebec
J8X 2J4
Telephone: (819) 770-4888 Ext: 105
FAX: (819) 770-0712
Email: pcharlebois@csgavocats.com
Party: Attorney General of Ontario
Counsel
Avene Derwa
720 Bay Street
10th floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4592
FAX: (416) 326-4656
Email: milan.rupic@ontario.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Criminal law - Appeals - Interlocutory judgment - Certiorari - Jurisdiction - Impaired driving - Disclosure - Whether court exceeds its jurisdiction by ordering Crown to inquire into existence of documents not characterized as “fruits of investigation” of which defence seeks disclosure on basis of St-Onge Lamoureux, [2012] 3 S.C.R. 187, and into identity of holders of those documents without relevance being demonstrated, or whether in so doing it commits error of law on face of record - Whether court of appeal can limit Superior Court’s scope of review and right to apply for certiorari against interlocutory decisions concerning disclosure of evidence to cases of excess of jurisdiction or [TRANSLATION] “definitive violation of fundamental right”, thereby excluding error of law on face of record.
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.
Justine Awashish was charged with operating a vehicle with a blood alcohol level over the legal limit. Ms. Awashish filed a motion for disclosure accompanied by a McNeil motion. Her purpose in doing so was to obtain an order requiring the Crown to tell her whether the information whose disclosure she was requesting existed and, if so, to tell her the identity of the persons holding that information. The Court of Québec allowed Ms. Awashish’s application. The Crown filed a motion for certiorari, which was granted by the Superior Court. The Court of Appeal allowed the appeal.
Lower court rulings
Court of Quebec
155-01-000090-134, 155-01-001308-105, 155-01-001966-126, 2015 QCCQ 4516
Motions allowed in part
Superior Court of Quebec
155-36-000006-151, 2016 QCCS 115
Motion for certiorari allowed
Court of Appeal of Quebec (Québec)
200-10-003216-160, 2016 QCCA 1164
Appeal allowed
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
Not available