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.
37760
Her Majesty the Queen v. Marc Cyr-Langlois
(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) |
|---|---|---|
| 2018-10-30 | Appeal closed | |
| 2018-10-30 | Transcript received, 85 pages | |
| 2018-10-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-10-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-10-15 | Written reasons rendered after oral judgment, CJ Abe Mo Ka Ga Côt Br Row Mar | |
| 2018-10-15 |
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 (Montréal), Number 500-10-005977-150, 2017 QCCA 1033, dated June 29, 2017, was heard on October 15, 2018, and the Court on that day delivered the following judgment orally: [TRANSLATION] THE CHIEF JUSTICE — A majority of the judges of the Court would allow the appeal, although Côté J. would dismiss it. As a result, the appeal is allowed, the verdict of acquittal is set aside and a new trial is ordered. Reasons will follow. Allowed |
|
| 2018-10-15 | Judgment reserved OR rendered with reasons to follow | |
| 2018-10-15 |
Hearing of the appeal, 2018-10-15, CJ Abe Mo Ka Ga Côt Br Row Mar Decision rendered |
|
| 2018-10-15 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Association québécoise des avocats et avocates de la défense |
| 2018-10-15 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Marc Cyr-Langlois |
| 2018-10-15 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2018-10-09 | Notice of appearance, (Letter Form), Jonathan M. Rosenthal, Adam Little and James Foy will be present at the hearing. Mr. Little will present oral arguments. | Criminal Lawyers' Association |
| 2018-10-02 | Notice of appearance, (Letter Form), No one appearing | Attorney General of Ontario |
| 2018-10-01 | Correspondence received from, (Included in the notice of appearance), Updated contact information | Association québécoise des avocats et avocates de la défense |
| 2018-10-01 | Notice of appearance, (Letter Form), Mr. Jean-Philippe Marcoux will be present at the hearign and will present oral arguments. | Association québécoise des avocats et avocates de la défense |
| 2018-09-28 | Notice of appearance, (Letter Form), Gabriel Bervin and Maxime Lacoursière will be present at the hearing. Mr. Bervin will present oral arguments. | Her Majesty the Queen |
| 2018-09-20 | Notice of appearance, Ms. Marie-Pier Boulet and Mr. Hugo T. Marquis will be appearing and Ms. Boulet will present oral argument. | Marc Cyr-Langlois |
| 2018-09-05 | Appeal perfected for hearing | |
| 2018-08-27 | Notice of hearing sent to parties | |
| 2018-08-23 | Notice of name, (Letter Form) | Association québécoise des avocats et avocates de la défense |
| 2018-08-23 | Intervener's factum, (Book Form), Completed on: 2018-08-23 | Association québécoise des avocats et avocates de la défense |
| 2018-08-23 | Intervener's factum, (Book Form), Completed on: 2018-08-23 | Criminal Lawyers' Association |
| 2018-08-22 | Intervener's factum, (Book Form), 1 copy missing , Completed on: 2018-08-22 | Attorney General of Ontario |
| 2018-08-22 | Intervener's book of authorities, (Book Form), Completed on: 2018-08-23 | Attorney General of Ontario |
| 2018-08-20 |
Appeal hearing scheduled, 2018-10-15 Decision rendered |
|
| 2018-08-16 | Order on motion to extend time, (BY JUSTICE MARTIN) | |
| 2018-08-16 |
Decision on motion to extend time, Mar, UPON APPLICATION by the respondent for an order extending the time to file his factum to July 23, 2018; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. The respondent is permitted to present oral argument at the hearing of the appeal pursuant to Rule 71(3). Granted |
|
| 2018-08-16 | Submission of motion to extend time, Mar | |
| 2018-07-26 | Motion to extend time, (Letter Form), Completed on: 2018-07-26 | Marc Cyr-Langlois |
| 2018-07-23 | Respondent's factum, (Book Form), Completed on: 2018-07-23 | Marc Cyr-Langlois |
| 2018-07-12 | Order on motion for leave to intervene, (by MOLDAVER J.) | |
| 2018-07-12 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATIONS by the Attorney General of Ontario, the Association québécoise des avocates et avocats de la defense and the Criminal Lawyers’Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the said three (3) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before August 23, 2018. The Association québécoise des avocates et avocats de la defense and the Criminal Lawyers’Association are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners are 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 interveners shall pay to the appellant and respondent any additional disbursements resulting from their interventions. Granted |
|
| 2018-07-12 | Submission of motion for leave to intervene, Mo | |
| 2018-06-22 | Motion for leave to intervene, (Book Form), Completed on: 2018-06-22, (Electronic version filed on 2018-06-22) | Association québécoise des avocats et avocates de la défense |
| 2018-06-22 | Motion for leave to intervene, (Book Form), Completed on: 2018-06-22, (Printed version filed on 2018-06-22) | Attorney General of Ontario |
| 2018-06-22 | Notice of name, REVISED filed on 2018-07-11. | Criminal Lawyers' Association |
| 2018-06-22 | Motion for leave to intervene, (Book Form), Completed on: 2018-06-22, (Electronic version filed on 2018-06-22) | Criminal Lawyers' Association |
| 2018-05-28 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2018-05-25 | Appellant's record, (Book Form), (2 volumes), Form 24A missing.(rec'd May 28, 2018), Completed on: 2018-06-22 | Her Majesty the Queen |
| 2018-05-25 | Certificate (on limitations to public access), (Letter Form), Form 23B | Her Majesty the Queen |
| 2018-05-25 | Certificate (on limitations to public access), (Letter Form), Form 23A | Her Majesty the Queen |
| 2018-05-25 | Appellant's factum, (Book Form), Completed on: 2018-05-25 | Her Majesty the Queen |
| 2018-04-10 | Notice of appeal, (Letter Form), Completed on: 2018-04-10 | Her Majesty the Queen |
| 2018-04-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2018-03-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-03-16 | Judgment on leave sent to the parties | |
| 2018-03-15 |
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 (Montréal), Number 500-10-005977-150, 2017 QCCA 1033, dated June 29, 2017, is granted. Granted |
|
| 2018-01-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-10-31 | Certificate (on limitations to public access), (Letter Form), paper copy to come-rec'd 2017/11/07 | Marc Cyr-Langlois |
| 2017-10-27 | Respondent's response on the application for leave to appeal, (Book Form), 23A missing, Completed on: 2017-10-27 | Marc Cyr-Langlois |
| 2017-10-24 | Correspondence received, from Me Marcoux, confirmation he was served with a copy of the notice of application. | |
| 2017-09-27 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/09/27 | |
| 2017-09-26 | Notice of name, (Letter Form) | Her Majesty the Queen |
| 2017-09-26 | Certificate (on limitations to public access), (Book Form), 23B | Her Majesty the Queen |
| 2017-09-26 | Certificate (on limitations to public access), (Letter Form), 23A | Her Majesty the Queen |
| 2017-09-26 | Book of authorities, (Book Form), 4 more copies required - rec'd on Septembe 29, 2017., Completed on: 2017-10-02 | Her Majesty the Queen |
| 2017-09-26 | Application for leave to appeal, (Book Form), Completed on: 2017-09-26 | 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 |
|---|---|---|
| Cyr-Langlois, Marc | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Association québécoise des avocats et avocates de la défense | Intervener | Active |
| Criminal Lawyers' Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Maxime Lacoursière
Complexe Jules-Dallaire, 2828, boulevard Laurier
Tour 1, bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 21591
FAX: (418) 644-3428
Email: gabriel.bervin@dpcp.gouv.qc.ca
Agent
17, rue Laurier
bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60446
FAX: (819) 772-3986
Email: sandra.bonanno@dpcp.gouv.qc.ca
Party: Cyr-Langlois, Marc
Counsel
Hugo Marquis
4020, rue Louis-B.Mayer
bureau 306
Laval, Quebec
H7P 0J1
Telephone: (514) 666-1111
FAX: (450) 681-0887
Email: info@bmdavocats.com
Party: Association québécoise des avocats et avocates de la défense
Counsel
785 Chemin de Chambly
Bureau 201
Longueuil, Quebec
J4H 3M2
Telephone: (450) 748-1599
FAX: (450) 463-2358
Email: jpmarcoux@noncoupable.ca
Party: Criminal Lawyers' Association
Counsel
Adam Little
James Foy
Suite 101
Toronto, Ontario
M5T 1X3
Telephone: (416) 360-7768
FAX: (416) 981-8896
Email: jrosenthal@bondlaw.net
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Ontario
Counsel
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2409
FAX: (416) 326-4656
Email: james.palangio@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 - Evidence - Presumption of accuracy and presumptions of identity in prosecutions for driving with blood alcohol level over legal limit - Failure to observe accused prior to administration of breathalyzer test - Whether recommendations have effect of creating additional burden of proof for Crown, with respect to improper operation of breathalyzer instrument, in order for Crown to benefit from presumptions of identity and accuracy in s. 258 Cr.C. - Whether accused can discharge burden of proving improper operation of breathalyzer instrument on basis of mere theoretical possibility of inaccurate result rather than evidence of direct connection between improper operation and reliability of results.
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.
Mr. Cyr-Langlois was charged with two counts of impaired driving.
He was stopped while driving his vehicle and taken to the police station for a breathalyzer test. Around 12:58 a.m., he was put in an interrogation room while a police officer was taking the steps required for him to exercise his right to counsel and another police officer was preparing the breathalyzer device. The officer who testified at trial was the one who had prepared and administered the breathalyzer test. He was unable to say that Mr. Cyr-Langlois had been observed during the 15- or 20 minute period preceding the test. The first blood alcohol test was administered at 1:08 a.m. and the second at 1:30 a.m. The results showed a blood alcohol level exceeding 80 mg of alcohol in 100 mL of blood.
At trial, Mr. Cyr-Langlois brought a preliminary motion seeking to rebut the presumption that the results of the blood alcohol tests were valid. The issue was whether the officer who had operated the breathalyzer instrument had completed the necessary observation period before administering the test and whether evidence that the observation period had not been complied with could deprive the Crown of the presumptions established by s. 258(1)(c) of the Criminal Code.
Lower court rulings
Court of Quebec
700-01-113752-128
Accused acquitted of two counts of impaired driving
Superior Court of Quebec
2015 QCCS 4369, 700-36-001099-158
Appeal allowed; new trial ordered
Court of Appeal of Quebec (Montréal)
2017 QCCA 1033, 500-10-005977-150
Appeal allowed; acquittal restored
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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