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.
38258
Kathleen Blanchard v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-04-18 | Appeal closed | |
| 2019-02-22 | Transcript received, 91 pages | |
| 2019-02-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-02-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-02-13 |
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 500-10-006240-160, 2018 QCCA 1069, dated June 27, 2018, was heard on February 13, 2019, and the Court on that day delivered the following judgment orally: BROWN J. — We would allow the appeal. At trial and during oral argument at the Court of Appeal, the Crown conceded the availability of the defence of extreme intoxication akin to automatism, to a charge of failing to provide a breath sample. In light of this, and in our respectful view, the majority at the Court of Appeal erred in raising and deciding the availability of that defence. Having regard to the Crown’s concession, we are not persuaded that the trial judge erred in law in his understanding or application of the defence of automatism. In these unusual circumstances, it would not be in the interests of justice to overturn this acquittal, and we therefore restore it. In doing so, however, we expressly refrain from deciding the availability of this defence in the absence of an adequate record on the constitutional issues, full submissions and notice to the proper parties. Allowed |
|
| 2019-02-13 |
Hearing of the appeal, 2019-02-13, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment rendered |
|
| 2019-02-12 | Respondent's condensed book, (Book Form) | Her Majesty the Queen |
| 2019-02-12 | Appellant's condensed book, (Book Form) | Kathleen Blanchard |
| 2019-02-07 | Notice of appearance, (Letter Form), Guiseppe Battista, Ad. E. will be present at the hearing and will present oral arguments. | Kathleen Blanchard |
| 2019-02-04 | Notice of appearance, (Letter Form), Maxime Hébrard and Kevin Mailhiot will be present at the hearing. Mr. Hébrard will present oral arguments. | Her Majesty the Queen |
| 2019-01-25 | Order on motion to extend time, by KARAKATSANIS J. | |
| 2019-01-25 |
Decision on motion to extend time, Ka, UPON APPLICATION by the respondent for an order extending the time within which to file her factum and book of authorities to December 13, 2018, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted, no order as to costs |
|
| 2019-01-25 | Submission of motion to extend time, Ka | |
| 2019-01-09 | Appeal perfected for hearing | |
| 2018-12-14 | Motion to extend time, (Letter Form), to file the respondent's factum., Completed on: 2018-12-14 | Her Majesty the Queen |
| 2018-12-13 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2018-12-13 | Respondent's book of authorities, (Book Form), Completed on: 2018-12-13 | Her Majesty the Queen |
| 2018-12-13 | Respondent's factum, (Book Form), late-motion required (received 2018-12-14), Completed on: 2019-01-21 | Her Majesty the Queen |
| 2018-12-07 | Notice of hearing sent to parties | |
| 2018-12-06 |
Appeal hearing scheduled, 2019-02-13 Judgment rendered |
|
| 2018-10-18 | Certificate of counsel (attesting to record), (Letter Form) | Kathleen Blanchard |
| 2018-10-18 | Appellant's book of authorities, (Book Form), Completed on: 2018-10-18 | Kathleen Blanchard |
| 2018-10-18 | Appellant's record, (Book Form), (2 volumes), Completed on: 2018-10-18 | Kathleen Blanchard |
| 2018-10-18 | Appellant's factum, (Book Form), Completed on: 2018-10-18 | Kathleen Blanchard |
| 2018-08-30 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2018-08-29 | Letter acknowledging receipt of a notice of appeal, FILE OPENED: 29/08/2018 | |
| 2018-08-23 | Certificate (on limitations to public access), (Letter Form), Form 23A | Kathleen Blanchard |
| 2018-08-23 | Notice of appeal, (Book Form), Completed on: 2018-08-29 | Kathleen Blanchard |
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 |
|---|---|---|
| Blanchard, Kathleen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Blanchard, Kathleen
Counsel
388, rue Saint-Jacques
Bureau 200
Montréal, Quebec
H2Y 1S1
Telephone: (514) 903-4112 Ext: 104
FAX: (514) 312-1510
Email: gbattista@btiavocats.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
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
Summary
Keywords
Criminal law - Defences - Automatism - Extreme intoxication - Whether defence of extreme intoxication akin to automatism is available for offence of failing to comply with demand to provide breath sample described in s. 254(5) of Criminal Code, R.S.C. 1985, c. C 46 - Whether trial judge erred in law in finding that appellant was in state of extreme intoxication akin to automatism.
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 appellant Kathleen Blanchard was acquitted of refusing to comply with a demand to provide a breath sample (s. 254(5) of the Criminal Code). The trial judge accepted her defence of non mental disorder automatism resulting from her advanced state of self induced intoxication. The Court of Appeal allowed the appeal and convicted the appellant. Doyon J.A., dissenting, would have dismissed the appeal. In his view, the defence of extreme intoxication was available for all types of offences unless it was excluded by law. In the instant case, s. 33.1 of the Criminal Code did not apply to the offence of refusing to provide a breath sample, so the defence was available.
Lower court rulings
Court of Quebec
Appellant acquitted of refusing to comply with a demand for a breath sample (s. 254(5) Criminal Code)
Court of Appeal of Quebec (Montréal)
2018 QCCA 1069, 500-10-006240-160
Appeal allowed and conviction entered
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
Not available
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