Case information
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37790
Joseph Roy Éric Bessette v. Attorney General of British Columbia
(British Columbia) (Civil) (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) |
|---|---|---|
| 2019-06-11 | Appeal closed | |
| 2019-05-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-05-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-05-16 |
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 British Columbia (Vancouver), Number CA44200, 2017 BCCA 264, dated July 13, 2017, heard on November 15, 2018, is allowed without costs. The order of the Provincial Court is quashed. Mr. Bessette is allowed to stand trial in French. Allowed, without costs |
|
| 2018-11-30 | Transcript received, 104 pages | |
| 2018-11-15 | Judgment reserved OR rendered with reasons to follow | |
| 2018-11-15 |
Hearing of the appeal, 2018-11-15, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-11-15 | Respondent's condensed book, (Book Form), 14 copies submitted in courtroom | Attorney General of British Columbia |
| 2018-11-15 | Appellant's condensed book, (Book Form), 14 copies submitted in courtroom | Joseph Roy Éric Bessette |
| 2018-11-01 | Notice of appearance, Ms. Jennifer Klinck, Ms. Sara Scott, Mr. Darius Bossé, Casey Leggett will be appearing. Ms. Klinck will present oral arguments. 3 reserved seats requested. | Joseph Roy Éric Bessette |
| 2018-10-30 | Intervener's factum, (Book Form), Completed on: 2018-10-31 | Commissioner of Official Languages of Canada |
| 2018-10-30 | Correspondence received from, Respondent: update phone number | Attorney General of British Columbia |
| 2018-10-29 | Notice of appearance, Ms. Élie Ducharme and Ms. Isabelle Bousquet will be appearing. Ms. Bousquet will present oral arguments. | Commissioner of Official Languages of Canada |
| 2018-10-29 | Notice of appearance, Mr. François Lamer will be appearing and present oral arguments. | Fédération des associations de juristes d'expression française de common law inc. |
| 2018-10-29 | Intervener's book of authorities, (Book Form), Completed on: 2018-10-30 | Fédération des associations de juristes d'expression française de common law inc. |
| 2018-10-29 | Intervener's factum, (Book Form), Completed on: 2018-10-30 | Fédération des associations de juristes d'expression française de common law inc. |
| 2018-10-24 | Notice of appearance, Mr. Rodney G. Garson and M. Rome Carot will be appearing and Mr. Garson will present oral arguments. | Attorney General of British Columbia |
| 2018-10-09 | Appeal perfected for hearing | |
| 2018-10-09 | Respondent's book of authorities, (Book Form), Completed on: 2018-10-12 | Attorney General of British Columbia |
| 2018-10-09 | Respondent's factum, (Book Form), Completed on: 2018-10-09 | Attorney General of British Columbia |
| 2018-09-18 | Order on motion for leave to intervene, (BY MR. JUSTICE GASCON) | |
| 2018-09-18 |
Decision on the motion for leave to intervene, Ga, UPON APPLICATIONS by the Commissioner of Official Languages of Canada and the Fédération des associations de juristes d’expression française de common law inc. 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 two (2) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before October 30, 2018. The said two (2) interveners 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 the respondent any additional disbursements resulting from their interventions. Granted |
|
| 2018-09-18 | Submission of motion for leave to intervene, Ga | |
| 2018-09-14 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-14 | Joseph Roy Éric Bessette |
| 2018-09-13 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-13 | Fédération des associations de juristes d'expression française de common law inc. |
| 2018-09-12 | Correspondence received from, Agent for the Appellant: Ms. Audrey Mayrand | Joseph Roy Éric Bessette |
| 2018-09-12 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-09-12 | Attorney General of British Columbia |
| 2018-09-10 | Notice of name, (Letter Form) | Fédération des associations de juristes d'expression française de common law inc. |
| 2018-09-10 | Motion for leave to intervene, (Book Form), Completed on: 2018-09-10 | Fédération des associations de juristes d'expression française de common law inc. |
| 2018-09-10 | Motion for leave to intervene, (Book Form), Payment missing - rec'd Sept.12/2018., Completed on: 2018-09-12, (Electronic version filed on 2018-09-12) | Commissioner of Official Languages of Canada |
| 2018-08-28 | Notice of hearing sent to parties | |
| 2018-08-20 |
Appeal hearing scheduled, 2018-11-15 Judgment reserved |
|
| 2018-08-13 | Certificate of counsel (attesting to record), (Letter Form) | Joseph Roy Éric Bessette |
| 2018-08-13 | Appellant's book of authorities, (Book Form), Completed on: 2018-08-13 | Joseph Roy Éric Bessette |
| 2018-08-13 | Appellant's record, (Book Form), Completed on: 2018-08-13 | Joseph Roy Éric Bessette |
| 2018-08-13 | Appellant's factum, (Book Form), English translation Factum filed on 2018-08-15, Completed on: 2018-08-13 | Joseph Roy Éric Bessette |
| 2018-06-18 | Notice of appeal, (Letter Form), Completed on: 2018-06-18 | Joseph Roy Éric Bessette |
| 2018-05-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2018-05-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-05-18 | Judgment on leave sent to the parties | |
| 2018-05-17 |
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 for British Columbia (Vancouver), Number CA44200, 2017 BCCA 264, dated July 13, 2017, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2018-04-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-11-20 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-11-20 | Joseph Roy Éric Bessette |
| 2017-11-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-11-09 | Attorney General of British Columbia |
| 2017-11-09 | Certificate (on limitations to public access), (Letter Form) | Attorney General of British Columbia |
| 2017-11-09 | Notice of name, (Letter Form) | Attorney General of British Columbia |
| 2017-10-10 | Letter acknowledging receipt of a complete application for leave to appeal but without formal Court of Appeal order, File opened on 2017-10-10 | |
| 2017-09-29 | Certificate (on limitations to public access) | Joseph Roy Éric Bessette |
| 2017-09-29 | Application for leave to appeal, (Book Form), Missing final C/A order - Rec'd on 2017-10-12, Completed on: 2017-10-02 | Joseph Roy Éric Bessette |
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 |
|---|---|---|
| Bessette, Joseph Roy Éric | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Commissioner of Official Languages of Canada | Intervener | Active |
| Fédération des associations de juristes d'expression française de common law inc. | Intervener | Active |
Counsel
Party: Bessette, Joseph Roy Éric
Counsel
Sara-Marie K. Scott
Darius Bossé
Guillaume Garih
Casey L. Leggett
401 West Georgia Street
Suite 1660
Vancouver, British Columbia
V6B 5A1
Telephone: (778) 658-0192
FAX: (778) 658-0192
Email: jklinck@powerlaw.ca
Agent
130 rue albert bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (514) 367-0841
FAX: (514) 367-0874
Email: amayrand@juristespower.ca
Party: Attorney General of British Columbia
Counsel
940 Blanshard Street, 3rd Floor
P.O. Box 9245 Stn Prov Govt
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5182
FAX: (250) 387-4262
Email: Rodney.Garson@gov.bc.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 783-8817
FAX: (613) 788-3500
Email: robert.houston@gowlingwlg.com
Party: Commissioner of Official Languages of Canada
Counsel
Élie Ducharme
Direction des affaires juridiques
30, rue Victoria, 6e étage
Gatineau, Quebec
K1A 0T8
Telephone: (819) 420-4825
FAX: (819) 420-4837
Email: isabelle.bousquet@clo-ocol.gc.ca
Party: Fédération des associations de juristes d'expression française de common law inc.
Counsel
670 - 999 Canada Place
Vancouver, British Columbia
V6C 3E1
Telephone: (604) 681-0900
FAX: (604) 681-0920
Email: francis@scfl-law.com
Agent
350-220 Laurier Ave. W.
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 565-2292
FAX: (613) 565-2087
Email: rcaza@plaideurs.ca
Summary
Keywords
Official languages - Provincial offences - Trial - Language of accused - Judicial review - Prerogative writs - On motion for prerogative writ, whether alleged denial of accused’s language rights guaranteed by s. 530 of Criminal Code, R.S.C. 1985, c. C-46, warrants immediate intervention by reviewing court - Whether s. 133 of British Columbia Offence Act, R.S.B.C. 1996, c. 338, incorporates s. 530 of Criminal Code with result that accused has right to be tried for provincial offence in official language of his or her choice.
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. Bessette was charged with a provincial offence under the Motor Vehicle Act, R.S.B.C. 1996, c. 318. Relying on the right of an accused to be tried in the official language of his or her choice, as provided for in s. 530 of the Criminal Code, R.S.C. 1985, c. C-46, he sought an order from the British Columbia Provincial Court that his trial be conducted in French. He argued that s. 133 of the Offence Act, R.S.B.C. 1996, c. 338, which incorporates the provisions of the Criminal Code relating to offences punishable on summary conviction, makes ss. 530 to 533 of the Criminal Code applicable to the prosecution of provincial offences.
Lower court rulings
Supreme Court of British Columbia
S178624, 2016 BCSC 2416
Petition for judicial review seeking prerogative writ of certiorari to set aside Provincial Court’s decision and of mandamus to require trial to be conducted in French dismissed
Court of Appeal for British Columbia (Vancouver)
CA44200, 2017 BCCA 264
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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