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.
37994
Her Majesty the Queen v. Rosaire Poulin
(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) |
|---|---|---|
| 2019-10-15 | Appeal closed | |
| 2019-10-15 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-10-15 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-10-11 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Mar, The appellant’s motion to proceed with the appeal is allowed. Abella, Karakatsanis and Brown JJ. dissent. The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006465-171, 2018 QCCA 21, dated January 11, 2018, heard on March 25, 2019, is allowed. Abella, Karakatsanis and Brown JJ. dissent. Allowed |
|
| 2019-04-05 | Transcript received, 113 pages | |
| 2019-03-25 | Judgment reserved OR rendered with reasons to follow | |
| 2019-03-25 |
Hearing of the appeal, 2019-03-25, CJ Abe Mo Ka Côt Br Mar Judgment reserved |
|
| 2019-03-25 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Attorney General of Ontario |
| 2019-03-25 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Association québécoise des avocats et avocates de la défense |
| 2019-03-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Rosaire Poulin |
| 2019-03-25 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Her Majesty the Queen |
| 2019-03-19 |
Notice of appearance, (Letter Form), Gabriel Babineau and Vincent Paquet will appear before the court. Mr. Babineau will present oral arguments. |
Association québécoise des avocats et avocates de la défense |
| 2019-03-19 |
Notice of appearance, Nicolas Lemyre-Cossette and Lida Sara Nouraie will appear before the court. Mr. Lemyre-Cossette will present oral arguments. |
Rosaire Poulin |
| 2019-03-12 |
Notice of appearance, (Letter Form), Michael Perlin and Kathleen Farrell will appear before the court. Mr. Perlin will present oral arguments. |
Attorney General of Ontario |
| 2019-03-11 |
Notice of appearance, (Letter Form), Breana Vandebeek and Marianne Salih will appear before the court. Ms. Vandebeek will present oral arguments. |
Criminal Lawyers' Association |
| 2019-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2019-03-11 | Criminal Lawyers' Association |
| 2019-03-11 | Intervener's factum, (Book Form), Completed on: 2019-03-11 | Criminal Lawyers' Association |
| 2019-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2019-03-11 | Association québécoise des avocats et avocates de la défense |
| 2019-03-11 | Intervener's factum, (Book Form), Completed on: 2019-03-11 | Association québécoise des avocats et avocates de la défense |
| 2019-03-11 | Response to miscellaneous motion, (Letter Form), Completed on: 2019-03-11 | Attorney General of Ontario |
| 2019-03-08 | Intervener's book of authorities, (Book Form), Completed on: 2019-03-08 | Attorney General of Ontario |
| 2019-03-08 | Intervener's factum, (Book Form), Completed on: 2019-03-08 | Attorney General of Ontario |
| 2019-03-08 | Appeal perfected for hearing | |
| 2019-03-06 | Response to miscellaneous motion, (Book Form), Completed on: 2019-03-06 | Rosaire Poulin |
| 2019-03-05 |
Notice of appearance, (Letter Form), Maxime Hébrard and Sylvie Villeneuve will appear before the court. Maxime Hébrard will present oral arguments. |
Her Majesty the Queen |
| 2019-03-04 | Certificate of counsel (attesting to record), (Letter Form), Missing: Proof of Service (rec' 03/04/19) | Rosaire Poulin |
| 2019-03-04 | Certificate (on limitations to public access), (Letter Form), Missing: Proof of Service (rec' 03/04/19) | Rosaire Poulin |
| 2019-03-04 | Respondent's record, (Book Form), Missing: Proof of Service (rec' 03/04/19), Electronic Copy (rec' 03/04/19), Completed on: 2019-03-06 | Rosaire Poulin |
| 2019-03-04 | Respondent's book of authorities, (Book Form), Missing: Proof of Service (rec' 03/04/19), Electronic Copy(rec' 03/04/19), Completed on: 2019-03-06 | Rosaire Poulin |
| 2019-03-04 | Respondent's factum, (Book Form), Missing: Proof of Service (rec' 03/05/19), Electronic copy (rec' 03/05/19), Completed on: 2019-03-06 | Rosaire Poulin |
| 2019-03-01 | Notice of miscellaneous motion, (Letter Form), Payment and proof of service missing (both received 2019-03-04)., Completed on: 2019-03-05, (Printed version filed on 2019-03-04) | Her Majesty the Queen |
| 2019-02-22 | Correspondence received from, Maxime Hébrard by email, re: wishes to continue proceedings | Her Majesty the Queen |
| 2019-02-22 | Discontinuance of motion to adduce new evidence, (included in the notice of suggestion of death) | Rosaire Poulin |
| 2019-02-22 | Notice of suggestion of death, filed by counsel for the respondent by email, re: death of the respondent | |
| 2019-02-20 | Motion to adduce new evidence, (Book Form), Completed on: 2019-02-20 | Rosaire Poulin |
| 2019-02-14 | Order on motion for leave to intervene, by BROWN J. | |
| 2019-02-14 |
Decision on the motion for leave to intervene, Br, UPON APPLICATION by the Attorney General of Ontario, the Association québécoise des avocats et avocates de la défense 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 March 11, 2019. The said three (3) 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 |
|
| 2019-02-14 | Submission of motion for leave to intervene, Br | |
| 2019-02-06 | Correspondence received from, (Letter Form), 8 reserved seats requested. | Rosaire Poulin |
| 2019-02-04 | Motion for leave to intervene, (Book Form), Payment missing (received 2019-02-06)., Completed on: 2019-02-06 | Criminal Lawyers' Association |
| 2019-02-04 | Notice of name, (Letter Form) | Association québécoise des avocats et avocates de la défense |
| 2019-02-04 | Motion for leave to intervene, (Book Form), Completed on: 2019-02-04, (Electronic version filed on 2019-02-08) | Association québécoise des avocats et avocates de la défense |
| 2019-01-31 | Motion for leave to intervene, (Book Form), Completed on: 2019-01-31, (Printed version filed on 2019-02-01) | Attorney General of Ontario |
| 2019-01-14 | Certificate (on limitations to public access), (Letter Form), 23A-Record | Her Majesty the Queen |
| 2019-01-14 | Certificate (on limitations to public access), (Letter Form), 23A-Factum | Her Majesty the Queen |
| 2019-01-14 | Certificate of counsel (attesting to record), (Letter Form) | Her Majesty the Queen |
| 2019-01-14 | Appellant's book of authorities, (Book Form), Completed on: 2019-01-14 | Her Majesty the Queen |
| 2019-01-14 | Appellant's record, (Book Form), (2 volumes), Completed on: 2019-01-14 | Her Majesty the Queen |
| 2019-01-14 | Appellant's factum, (Book Form), Completed on: 2019-01-14 | Her Majesty the Queen |
| 2018-12-10 | Notice of hearing sent to parties | |
| 2018-12-06 |
Appeal hearing scheduled, 2019-03-25, The schedule for serving and filing the material is set as follows: The notice of appeal shall be served and filed on or before November 26, 2018. The appellant’s record, factum and book of authorities, if any, shall be served and filed on or before January 14, 2019. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before February 4, 2019. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before February 7, 2019. Replies to any responses to the motions for leave to intervene shall be served and filed on or before February 8, 2019. Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before March 11, 2019. The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before March 4, 2019. Judgment reserved |
|
| 2018-11-26 | Notice of appeal, (Letter Form), Completed on: 2018-11-26 | Her Majesty the Queen |
| 2018-11-13 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2018-10-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-10-26 | Judgment on leave sent to the parties | |
| 2018-10-25 |
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 500-10-006465-171, 2018 QCCA 21, dated January 11, 2018, is granted. The schedule for serving and filing materials will be set by the Registrar. Granted |
|
| 2018-10-18 | Notice of change of solicitor, (Letter Form), Ms. Emily K. Moreau will now act as a Supreme Court Correspondent for the applicant (replacing Ms. Sandra Bonanno). | Her Majesty the Queen |
| 2018-07-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-04-12 | Certificate (on limitations to public access), (Letter Form), amended certificate required - Rc'd on 2018/04/26 | Rosaire Poulin |
| 2018-04-12 | Respondent's response on the application for leave to appeal, (Book Form), proof of service missing-rec'd 2018/04/26, Completed on: 2018-04-26 | Rosaire Poulin |
| 2018-03-14 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED ON MARCH 14, 2018. | |
| 2018-03-07 | Certificate (on limitations to public access), (Letter Form), FORM 23B | Her Majesty the Queen |
| 2018-03-07 | Certificate (on limitations to public access), (Letter Form), FORM 23A | Her Majesty the Queen |
| 2018-03-07 | Application for leave to appeal, (Book Form), Completed on: 2018-03-08 | 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 |
|---|---|---|
| Poulin, Rosaire | 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
1111, boulevard Jacques-Cartier Est
RC.07
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61189
FAX: (450) 928-7486
Email: maxime.hebrard@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: Poulin, Rosaire
Counsel
Lida Sara Nouraie
22, rue Paré
Granby, Quebec
J2G 5C8
Telephone: (450) 770-2121 Ext: 228
FAX: (450) 372-7965
Email: n.cossette@pfcavocats.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Ontario
Counsel
Kathleen Farrell
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.perlin@ontario.ca
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Association québécoise des avocats et avocates de la défense
Counsel
Vincent R. Paquet
500, place d'Armes
Bureau 2830
Montréal, Quebec
H2Y 2W2
Telephone: (514) 284-2351
FAX: (514) 284-2354
Email: gbabineau@desjardinscote.com
Agent
166 rue Wellington
Gatineau, Quebec
J8X 2J4
Telephone: (819) 770-4888 Ext: 105
FAX: (819) 770-0712
Email: pcharlebois@csgavocats.com
Party: Criminal Lawyers' Association
Counsel
36 Lombard Street Suite 100
Toronto, Ontario
M5C 2X3
Telephone: (416) 598-1811
FAX: (416) 598-3384
Email: vandebeek@criminaltriallawyers.ca
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Charter of Rights – Benefit of lesser punishment – Interpretation – Criminal law – Appeal from sentencing judgment – Whether Quebec Court of Appeal erred in holding that s. 11(i) of Charter makes it possible to impose punishment that was inapplicable both at time of commission of offence and at time of sentencing – Canadian Charter of Rights and Freedoms, s. 11(i).
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.
The respondent, Mr. Poulin, was convicted in 2016 of sexual assault and of committing acts of gross indecency. The victim, Mr. Poulin’s nephew, was between the ages of 7 and 15 at the time of the incidents, which occurred between 1979 and 1987. The Court of Québec rendered its sentencing decision in 2017. It held that, under s. 11(i) of the Canadian Charter of Rights and Freedoms, an accused has a right to the benefit of the lesser punishment that applied during the period between the commission of the offence and sentencing. On the basis of that conclusion, Mr. Poulin was sentenced on the counts of gross indecency to two years less a day to be served in the community. The court suspended the passing of sentence on the count of sexual assault. The Quebec Court of Appeal dismissed the Crown’s appeal. It agreed with the Court of Québec that an accused has a right to the benefit of the lesser punishment that was applicable between the time of the offence and the time of sentencing.
Lower court rulings
Court of Quebec
2016 QCCQ 15824, 460-01-027981-145
Sentencing judgment – R.P. given conditional sentence of two years less day
Court of Appeal of Quebec (Montréal)
2018 QCCA 21, 500-10-006465-171
Appeal by Crown from sentencing judgment 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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