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.
37783
Daniel Larocque v. Her Majesty the Queen, et al.
(Ontario) (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) |
|---|---|---|
| 2019-01-04 | Appeal closed | |
| 2018-12-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2018-12-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2018-12-14 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C61572, 2017 ONCA 552, dated June 30, 2017, heard on April 17, 2018, is allowed. Section 737 of the Criminal Code, R.S.C. 1985, c. C-46, infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982. Côté and Rowe JJ. dissent. Allowed |
|
| 2018-05-02 | Transcript received, (2 volumes), Joint with 37774, 37782 and 37427; Day 1-131 pages - Day 2-111 pages | |
| 2018-04-18 | Judgment reserved OR rendered with reasons to follow | |
| 2018-04-17 |
Hearing of the appeal, 2018-04-17, and 4/18/2018, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-04-17 | Appellant's condensed book, (Book Form), Submitted in courtroom (14 copies) | Daniel Larocque |
| 2018-04-17 | Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) (Joint with 37774, 37782) | Attorney General of Ontario |
| 2018-04-13 | Order on motion to strike out, (BY JUSTIVE ROWE) | |
| 2018-04-13 |
Decision on motion to strike out, Row, UPON APPLICATION by the Attorney General of Ontario for an order striking paragraphs 39-45 of the factum filed by the Colour of Poverty - Colour of Change and the Income Security Advocacy Centre (the Coalition), and striking paragraphs 31-33 of the factum filed by the Yukon Legal Services Society; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2018-04-13 | Submission of motion to strike out, Row | |
| 2018-04-13 | Notice of appearance, (Letter Form), Yves Jubinville and Maryse Renaud will be appearing. Mr. Jubinville will present oral argument. | Daniel Larocque |
| 2018-04-12 | Correspondence received from, (Letter Form), Mme Caroline Etter, re: response to motion to strike. | Daniel Larocque |
| 2018-04-11 |
Motion to strike out, (Letter Form), Request - Motion to Strike Intervener Facta , Completed on: 2018-04-11 |
Attorney General of Ontario |
| 2018-04-11 |
Correspondence received from, (Letter Form), Ms. Jackie Esmonde, re: Response to Motion to Stike. |
Colour of Poverty - Colour of Change |
| 2018-04-11 | Correspondence received from, Me Françcois Lacasse, re: response to motion to strike - does not oppose AG of Ontario's motion to strike. | Her Majesty the Queen |
| 2018-04-10 | Correspondence received from, Erica Buhrmann (by email) Request to remove Tim Radcliffe as a lawyer to the file. | Her Majesty the Queen |
| 2018-04-05 | Correspondence received from, (Letter Form), All appellants - Joint with 37427, 37774, 37782 and 37783; Proposed speaking order of appellants. | Daniel Larocque |
| 2018-04-04 | Notice of appearance, (Letter Form), François Lacasse and Luc Boucher will be appearing. Mr. Lacasse will present oral argument. Requesting 2 reserved seat. | Her Majesty the Queen |
| 2018-04-03 | Intervener's factum, (Book Form), (Joint with 37427, 37774 and 37782), Completed on: 2018-04-03 | Colour of Poverty - Colour of Change |
| 2018-04-03 | Intervener's book of authorities, (Book Form), (Joint with 37427, 37774 and 37782), Completed on: 2018-04-03 | Canadian Civil Liberties Association |
| 2018-04-03 | Intervener's factum, (Book Form), (Joint with 37427, 37774 and 37782), Completed on: 2018-04-03 | Canadian Civil Liberties Association |
| 2018-03-29 | Notice of appearance, (Letter Form), Christopher Bredt, Pierre Gemson and Alannah Fotheringham will be appearing. Mr. Bredt will presetn oral argument. (Joint with 37427, 37774, 37782) | Canadian Civil Liberties Association |
| 2018-03-29 | Notice of appearance, (Letter Form), Michael Perlin and Philippe Cowle will be appearing. Mr. Perlin will present oral argument. (joint with 37774, 37782) | Her Majesty the Queen |
| 2018-03-27 | Notice of appearance, (Letter Form), Jackie Esmonde, Daniel Rhode and Marie Chen will be appearing. Ms. Esmonde will present oral argument. (Joint with 37427, 37774, 37782) | Colour of Poverty - Colour of Change |
| 2018-03-27 | Correspondence received from, (Letter Form), All the respondents; Joint in 37427, 37774, 37782 and 37783; Proposed speaking order of respondents | Her Majesty the Queen |
| 2018-03-19 | Appeal perfected for hearing | |
| 2018-03-12 | Respondent's book of authorities, (Book Form), Completed on: 2018-03-12 | Her Majesty the Queen |
| 2018-03-12 | Respondent's factum, (Book Form), Completed on: 2018-03-12 | Her Majesty the Queen |
| 2018-03-12 | Notice of hearing sent to parties | |
| 2018-03-12 | Appeal hearing scheduled, 2018-04-18, Day 2 (FOR WEBCASTING PURPOSES ONLY) | |
| 2018-03-12 |
Appeal hearing scheduled, 2018-04-17, Day 1 DUE DATES FOR SERVING AND FILING DOCUMENTS: Notice of appeal on or before December 4, 2017; Notice of constitutional question shall be served and filed on or before December 4, 2017; Notice of intervention respecting constitutional question on or before January 19, 2018; Appellant’s record, factum and book of authorities, if any, on or before January 22, 2018; Motion for leave to intervene on or before February 12, 2018; Responses to the motions for leave to intervene on or before February 19, 2018; Replies to any responses to the motions for leave to intervene on or before February 22, 2018; Respondents’ records, factums and books of authorities, if any, on or before March 12, 2018; Interveners' factum and book of authorities, if any, on or before April 3, 2018 (Interveners by leave and with respect to constitutional question). Judgment reserved |
|
| 2018-03-08 | Certificate (on limitations to public access), (Letter Form), Joint with 37774 and 37782 | Attorney General of Ontario |
| 2018-03-08 | Respondent's book of authorities, (Book Form), Joint with 37774 and 37782, Completed on: 2018-03-08 | Attorney General of Ontario |
| 2018-03-08 | Respondent's factum, (Book Form), Joint with 37774 and 37782, Completed on: 2018-03-08 | Attorney General of Ontario |
| 2018-03-07 | Order on motion for leave to intervene, (BY JUSTICE ROWE) | |
| 2018-03-07 |
Decision on the motion for leave to intervene, Row, UPON APPLICATION by the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) and the Canadian Civil Liberties Association for leave to intervene in the appeals Edward Tinker, et al. v. Her Majesty the Queen (37774), Garrett Eckstein v. Her Majesty the Queen (37782) and Daniel Larocque v. Her Majesty the Queen, et al. (37783); AND UPON APPLICATION by the Aboriginal Legal Services, the Yukon Legal Services Society and the Criminal Lawyers’ Association of Ontario for leave to intervene in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774); AND HAVING TAKEN NOTE OF THE ORDERS by Justice Abella dated November 2, 2017 and November 9, 2017 in the appeal Boudreault v. Her Majesty the Queen, et al. (37427) granting leave to intervene to the Colour of Poverty – Colour of Change and Income Security Advocacy Centre (jointly) the British Columbia Civil Liberties Association, the Aboriginal Legal Services, the Canadian Civil Liberties Association, the Pivot Legal Society, the Yukon Legal Services Society; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted. Given that the Canadian Civil Liberties Association, the Colour of Poverty – Colour of Change and the Income Security Advocacy Centre (jointly), the Aboriginal Legal Services Society and the Yukon Legal Services have each previously filed a factum in the appeal Alex Boudreault v. Her Majesty the Queen, et al. (37427), the said four (4) interveners shall be entitled to each serve and file a single revised factum common to all appeals not to exceed twelve (12) pages in length on or before April 3, 2018. The Criminal Lawyers’ Association of Ontario shall be entitled to serve and file a factum not to exceed ten (10) pages in length, on or before April 3, 2018, in the appeal Edward Tinker, et al. v. Her Majesty the Queen (37774). The said (5) five interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. 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 appellants and respondents any additional disbursements occasioned to them by the interventions. Granted |
|
| 2018-03-07 | Submission of motion for leave to intervene, Row | |
| 2018-03-06 | Order on motion to extend time, (By the Deputy Registrar) | |
| 2018-03-06 |
Decision on motion to extend time, DeRg, À LA SUITE DE LA DEMANDE présentée par l’appelant en dispense de l’observation de règles et d’une requête en prorogation du délai de signification et de dépôt de son mémoire et dossier déposés le 19 janvier 2018; ET APRÈS EXAMEN des documents déposés; ET APRÈS AVOIR NOTÉ le consentement des intimés; IL EST ORDONNÉ QUE: La demande en dispense de l’observation de règles est accordée et la requête est accueillie. Granted |
|
| 2018-03-06 | Submission of motion to extend time, DeRg | |
| 2018-02-22 | Reply to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37782; Reply to the Attorney General of Ontario, Completed on: 2018-02-22 | Colour of Poverty - Colour of Change |
| 2018-02-22 | Reply to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37782; Reply to Attorney General of Ontario, Completed on: 2018-02-22 | Canadian Civil Liberties Association |
| 2018-02-19 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-02-19 | Her Majesty the Queen |
| 2018-02-16 | Response to the motion for leave to intervene, (Letter Form), Joint with 37774 and 37782, Completed on: 2018-02-16 | Attorney General of Ontario |
| 2018-02-13 | Response to motion to extend time, (Letter Form), Completed on: 2018-02-13 | Attorney General of Ontario |
| 2018-02-12 | Response to motion to extend time, (Letter Form), (by email), Completed on: 2018-02-12 | Her Majesty the Queen |
| 2018-02-12 | Notice of name, (Letter Form) | Canadian Civil Liberties Association |
| 2018-02-12 | Motion for leave to intervene, (Book Form), Joint with 37774 and 37782, Completed on: 2018-02-12 | Canadian Civil Liberties Association |
| 2018-02-09 | Motion to extend time, (Book Form), (to serve the appellant's documents and file electronic copies) Fees missing (Payment received, March 13 2018), Incomplete, (Printed version filed on 2018-02-23) | Daniel Larocque |
| 2018-02-08 | Correspondence received from, (Letter Form), Yves Jubinville, Re: request to accept appellant material as filed | Daniel Larocque |
| 2018-02-07 | Notice of name, (Letter Form) | Colour of Poverty - Colour of Change |
| 2018-02-07 | Motion for leave to intervene, (Letter Form), Joint with 37774 and 37782, Completed on: 2018-02-07 | Colour of Poverty - Colour of Change |
| 2018-01-19 | Certificate of counsel (attesting to record) | Daniel Larocque |
| 2018-01-19 | Appellant's record, (Book Form), Motion for extension of time to serve and file the electronic version for the factum and Record missing (electronic version rec'd February 9, 2018), new covers required (see order of March 6, 2018), Completed on: 2018-03-07 | Daniel Larocque |
| 2018-01-19 | Appellant's factum, (Book Form), Motion for extension of time to serve and file the electronic version for the factum and Recordl missing (rec'd electronic version on February 9, 2018), new covers required.(see order March 6, 2018), Completed on: 2018-03-07 | Daniel Larocque |
| 2017-12-22 | Notice of constitutional question(s), (Letter Form), (all AGs served by email on December 22, 2017), Completed on: 2017-12-28 | Her Majesty the Queen |
| 2017-12-12 | Intervener's book of authorities, (Book Form), (Joint with 37427, 37774 and 37782), Completed on: 2017-12-12 | Colour of Poverty - Colour of Change |
| 2017-12-04 | Notice of constitutional question(s), (Letter Form), (Included in the notice of appeal), (all the AGs were served on Dec.4/2017.), Completed on: 2017-12-04 | Daniel Larocque |
| 2017-12-04 | Notice of appeal, (Letter Form), Completed on: 2017-12-04 | Daniel Larocque |
| 2017-11-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2017-11-24 | Judgment on leave sent to the parties | |
| 2017-11-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2017-11-23 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C61572, 2017 ONCA 552, dated June 30, 2017 is granted without costs. The appeal will be heard with Alex Boudreault v. Her Majesty the Queen, et al. (37427), Edward Tinker, et al. v. Her Majesty the Queen (37774) and Garrett Eckstein v. Her Majesty the Queen (37782). The schedule for serving and filing materials will be set by the Registrar. The appellant is required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada. Granted, without costs |
|
| 2017-11-23 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2017-10-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-10-27 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2017-10-25 | Response to the motion to extend the time to file and / or serve the leave application, (Letter Form), Completed on: 2017-10-25 | Attorney General of Ontario |
| 2017-10-25 | Correspondence received from, (Letter Form), Applicant, re: Will not file a reply | Daniel Larocque |
| 2017-10-24 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 2017-10-24 | Her Majesty the Queen |
| 2017-10-20 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2017-10-20 | Daniel Larocque |
| 2017-10-19 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2017-10-19 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-10-19 | Her Majesty the Queen |
| 2017-10-12 | Correspondence received from, (Letter Form), Maryse Renaud (by email). The applicant will not be filing a reply to the reponse of the Attorney General of Ontario. | Daniel Larocque |
| 2017-10-11 | Respondent's response on the application for leave to appeal, (Letter Form), (joint with 37774 and 37782) Printed version filed on 2017-10-12., Completed on: 2017-10-11 | Attorney General of Ontario |
| 2017-10-06 | Correspondence received from, HMQ (federal) to be included in Style of Cause | Her Majesty the Queen |
| 2017-10-04 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2017-10-04 | |
| 2017-09-29 | Certificate (on limitations to public access), (Letter Form), 23-A | Daniel Larocque |
| 2017-09-29 | Application for leave to appeal, (Book Form), Missing: Affidavit of Service on Respondent PPSC-rec'd 2017/10/20 (in the motion to extend time); CA decision rec'd 2017/10/24; CA Order received 2017-11-21, Completed on: 2017-10-12 | Daniel Larocque |
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 |
|---|---|---|
| Larocque, Daniel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
| Attorney General of Ontario | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Colour of Poverty - Colour of Change | Intervener | Active |
| Income Security Advocacy Centre | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Larocque, Daniel
Counsel
Yves Jubinville
Maryse Renaud
Maryse Renaud
1038, rue King
C.P. 315
L'Orignal, Ontario
K0B 1K0
Telephone: (613) 675-2003
FAX: (613) 675-2023
Email: yvesjubinville@bellnet.ca
C.P. 315
L'Orignal, Ontario
K0B 1K0
Telephone: (613) 675-2003
FAX: (613) 675-2023
Email: yvesjubinville@bellnet.ca
Agent
Maxine Vincelette
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: Her Majesty the Queen
Counsel
Luc B. Boucher
Public Prosecution Service of Canada
160 Elgin Street
Suite 1400
Ottawa, Ontario
K1A 0H8
Telephone: (613) 954-4508
FAX: (613) 957-9043
Email: luc.boucher@ppsc-sppc.gc.ca
160 Elgin Street
Suite 1400
Ottawa, Ontario
K1A 0H8
Telephone: (613) 954-4508
FAX: (613) 957-9043
Email: luc.boucher@ppsc-sppc.gc.ca
Agent
François Lacasse
Director of Public Prosecutions of Canada
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
160 Elgin Street
12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Attorney General of Ontario
Counsel
Michael Perlin
Philippe Cowle
Philippe Cowle
Ministry of the Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.perlin@ontario.ca
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.perlin@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Colour of Poverty - Colour of Change
Counsel
Jackie Esmonde
Daniel Rohde
Avvy Yao Yao Go
Shalini Konanur
Marie Chen
Daniel Rohde
Avvy Yao Yao Go
Shalini Konanur
Marie Chen
Income Security Advocacy Centre
1500-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 597-5820 Ext: 5153
FAX: (416) 597-5821
Email: esmondja@lao.on.ca
1500-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 597-5820 Ext: 5153
FAX: (416) 597-5821
Email: esmondja@lao.on.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Income Security Advocacy Centre
Counsel
Jackie Esmonde
Daniel Rohde
Avvy Yao Yao Go
Shalini Konanur
Marie Chen
Daniel Rohde
Avvy Yao Yao Go
Shalini Konanur
Marie Chen
Income Security Advocacy Centre
1500-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 597-5820 Ext: 5153
FAX: (416) 597-5821
Email: esmondja@lao.on.ca
1500-55 University Avenue
Toronto, Ontario
M5J 2H7
Telephone: (416) 597-5820 Ext: 5153
FAX: (416) 597-5821
Email: esmondja@lao.on.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Civil Liberties Association
Counsel
Christopher D. Bredt
Pierre N. Gemson
Alannah M. Fotheringham
Pierre N. Gemson
Alannah M. Fotheringham
Borden Ladner Gervais LLP
22 Adelaide Street West Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6165
FAX: (416) 367-6749
Email: cbredt@blg.com
22 Adelaide Street West Suite 3400
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6165
FAX: (416) 367-6749
Email: cbredt@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
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
Charter of Rights and Freedoms - Constitutional law - Criminal law - Sentencing - Victim surcharge - Cruel and unusual treatment or punishment - Accused ordered to pay surcharge under s. 737 of Criminal Code - Constitutionality of s. 737 Cr.C. - Whether victim surcharge provided for in s. 737 of Criminal Code is cruel and unusual punishment contrary to s. 12 of Charter, such that this provision cannot be justified under s. 1 of Charter - If so, whether declaration that provision unconstitutional under s. 52 of Constitution Act, 1982 is adequate remedy - Canadian Charter of Rights and Freedoms, s. 12 - Criminal Code, R.S.C. 1985, c. C 46, s. 737.
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.
Daniel Larocque pleaded guilty to seven counts: two counts of mischief, three counts of assault, one count of uttering threats and one count of possession of narcotics. Under s. 737 of the Criminal Code, he was liable to a victim surcharge of $700, but the trial judge refused to apply the surcharge and declared s. 737 of no force or effect under s. 52 of the Canadian Charter of Rights and Freedoms.
The Superior Court overturned that decision, finding that the imposition of a surcharge was not cruel and unusual punishment. Mr. Larocque then challenged the constitutionality of s. 737, arguing that it infringed his rights protected by s. 12 of the Charter. The Ontario Court of Appeal dismissed Mr. Larocque’s appeal and held that the imposition of a victim surcharge was not contrary to the Charter.
Lower court rulings
March 30, 2015
Ontario Superior Court of Justice
13-1346, 2015 CSON 5407
Ontario Superior Court of Justice
13-1346, 2015 CSON 5407
Appeal allowed
June 30, 2017
Court of Appeal for Ontario
C61572, 2017 ONCA 552
Court of Appeal for Ontario
C61572, 2017 ONCA 552
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
Not available
Related links
Date modified: 2025-02-27