Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2022-06-01	Appeal closed
2022-05-09	Formal judgment sent to the registrar of the court of appeal and all parties
2022-05-09	Judgment on appeal and notice of deposit of judgment sent to all parties
2022-05-06	Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-007018-193, 2020 QCCA 666, dated May 25, 2020, heard on November 30, 2021, is allowed. The stay of proceedings is set aside and the case is remanded to another judge of the Court of Québec for the continuation of the trial. Côté J. dissents. Allowed
2021-12-29	Transcript received, 128 pages
2021-12-13	General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-12-20)	J.F.
2021-11-30	General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-12-07)	Her Majesty The Queen
2021-11-30	Judgment reserved OR rendered with reasons to follow
2021-11-30	Hearing of the appeal, 2021-11-30, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment reserved
2021-11-29	Certificate (on limitations to public access), (Letter Form), 23B-Condensed Book, (Printed version due on 2021-12-06)	J.F.
2021-11-26	Certificate (on limitations to public access), 23A-23B - Condensed-Book	Her Majesty The Queen
2021-11-26	Appellant's condensed book, (Book Form)	Her Majesty The Queen
2021-11-25	Intervener's condensed book, (Book Form)	Association des avocats de la défense de Montréal-Laval-Longueuil
2021-11-25	Intervener's condensed book, (Book Form)	Association québécoise des avocats et avocates de la défense
2021-11-25	Correspondence (sent by the Court) to, Correspondence regarding upcoming Zoom hearing
2021-11-23	Respondent's condensed book, (Book Form)	J.F.
2021-11-23	Correspondence received from	J.F.
2021-11-15	Supplemental document, (Book Form), Respondent additional authorities , Completed on: 2021-11-17, (Printed version due on 2021-11-22)	J.F.
2021-11-10	Notice of appearance, Walid Hijazi and Julia Blais-Quintal will appear before the Court and Mr. Hijazi will present oral arguments.	Association des avocats de la défense de Montréal-Laval-Longueuil
2021-11-10	Notice of change of counsel	Association des avocats de la défense de Montréal-Laval-Longueuil
2021-11-05	Notice of appearance, Christine Mainville and Andrew Burgess will appear before the Court. Ms. Mainville will present oral arguments.	Criminal Lawyers' Association of Ontario
2021-11-04	Correspondence sent to all Counsel by Deputy Registrar, Letter of Direction relating to December hearings
2021-11-03	Notice of appearance, Diego Gramajo will appear before the court and will present oral arguments.	J.F.
2021-11-02	Notice of appearance, Jean-Sébastien St-Amand Guinois will appear before the Court and will present oral arguments.	Association québécoise des avocats et avocates de la défense
2021-11-02	Notice of appearance, Tracy Kozlowski and Samuel Greene will appear before the Court. Ms. Kozlowski will present oral argument.	Attorney General of Ontario
2021-11-02	Notice of appearance, Liliane Bantourakis and Lesley A. Ruzicka will appear before the Court. Ms. Bantourakis will present oral argument.	Attorney General of British Columbia
2021-11-01	Notice of appearance, Nicolas Abran and Justin Tremblay will appear before the Court. Mr. Abran and Mr. Tremblay and will present oral arguments.	Her Majesty The Queen
2021-11-01	Notice of appearance, Matthew W. Griener will appear before the court and will present oral arguments.	Attorney General of Alberta
2021-08-20	Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-08-27)	Her Majesty The Queen
2021-08-10	Certificate (on limitations to public access), (Letter Form), 23B - Factum / Authorities, (Printed version filed on 2021-08-10)	Association des avocats de la défense de Montréal-Laval-Longueuil
2021-08-10	Intervener's book of authorities, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-08-10)	Association des avocats de la défense de Montréal-Laval-Longueuil
2021-08-10	Intervener's factum, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-08-10)	Association des avocats de la défense de Montréal-Laval-Longueuil
2021-08-10	Intervener's book of authorities, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-08-10)	Attorney General of British Columbia
2021-08-10	Intervener's factum, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-08-10)	Attorney General of British Columbia
2021-08-10	Intervener's factum, (Book Form), Completed on: 2021-08-12, (Printed version filed on 2021-08-11)	Association québécoise des avocats et avocates de la défense
2021-08-09	Intervener's factum, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-08-09)	Criminal Lawyers' Association of Ontario
2021-08-04	Intervener's factum, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-08-10)	Attorney General of Ontario
2021-08-03	Intervener's factum, (Book Form), Completed on: 2021-08-10, (Printed version filed on 2021-08-04)	Attorney General of Alberta
2021-07-07	Supplemental document, (Letter Form), Authorities - Supplemental, Completed on: 2021-08-09, (Printed version due on 2021-07-14)	J.F.
2021-07-06	Correspondence received from, (Letter Form), re: Amended Factum, (Printed version filed on 2021-07-08)	J.F.
2021-07-06	Certificate (on limitations to public access), (Letter Form), Respondent's 23B - Factum, Records (2 vol), Authorities, (Printed version filed on 2021-07-07)	J.F.
2021-07-06	Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2021-07-13)	J.F.
2021-07-06	Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2021-07-07)	J.F.
2021-07-06	Respondent's book of authorities, (Book Form), Completed on: 2021-08-09, (Printed version filed on 2021-07-07)	J.F.
2021-07-06	Respondent's record, (Book Form), (2 volumes), Completed on: 2021-08-09, (Printed version filed on 2021-07-07)	J.F.
2021-07-06	Respondent's factum, (Book Form), Modified factum rec'd 2021-07-06, Completed on: 2021-08-09, (Printed version filed on 2021-07-08)	J.F.
2021-06-29	Order on motion for leave to intervene, by KASIRER J.
2021-06-29	Decision on the motion for leave to intervene, Kas, UPON APPLICATIONS by the Attorney General of Ontario; the Attorney General of British Columbia; the Attorney General of Alberta; the Criminal Lawyers’ Association (Ontario); the Association québécoise des avocats et avocates de la défense; and the Association des avocats de la défense de Montréal-Laval-Longueuil 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 six (6) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length on or before August 10, 2021. The said six (6) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The said interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties, but may present arguments on the issue of the analytical framework applicable to delays in a subsequent trial ordered by a court of appeal. 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
2021-06-29	Submission of motion for leave to intervene, Kas
2021-06-28	Notice of hearing sent to parties
2021-06-28	Appeal hearing scheduled, 2021-11-30 Judgment reserved
2021-06-17	Response to the motion for leave to intervene, Completed on: 2021-06-21	J.F.
2021-06-17	Response to the motion for leave to intervene, (Letter Form), Completed on: 2021-06-21	J.F.
2021-06-16	Response to the motion for leave to intervene, (AQAAD), Completed on: 2021-06-17	J.F.
2021-06-16	Response to the motion for leave to intervene, (AADM), Completed on: 2021-06-17	J.F.
2021-06-16	Response to the motion for leave to intervene, (CLA), Completed on: 2021-06-17	J.F.
2021-06-14	Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2021-06-21)	Her Majesty The Queen
2021-06-11	Motion for leave to intervene, (Book Form), Completed on: 2021-06-14, (Printed version filed on 2021-06-11)	Attorney General of British Columbia
2021-06-10	Motion for leave to intervene, (Book Form), Completed on: 2021-06-14, (Printed version filed on 2021-06-10)	Attorney General of Alberta
2021-06-10	Notice of name	Association des avocats de la défense de Montréal-Laval-Longueuil
2021-06-10	Motion for leave to intervene, (Book Form), Completed on: 2021-06-14	Association des avocats de la défense de Montréal-Laval-Longueuil
2021-06-08	Notice of name, (Letter Form), (Printed version filed on 2021-06-10)	Association québécoise des avocats et avocates de la défense
2021-06-08	Motion for leave to intervene, (Book Form), Completed on: 2021-06-14, (Printed version filed on 2021-06-10)	Association québécoise des avocats et avocates de la défense
2021-06-08	Notice of name, (Letter Form), (Printed version filed on 2021-06-10)	Criminal Lawyers' Association of Ontario
2021-06-08	Motion for leave to intervene, (Book Form), Completed on: 2021-06-14, (Printed version filed on 2021-06-10)	Criminal Lawyers' Association of Ontario
2021-06-07	Response to the motion for leave to intervene, (Letter Form), (AGO), Completed on: 2021-06-14, (Printed version filed on 2021-06-09)	J.F.
2021-06-01	Motion for leave to intervene, (Book Form), Completed on: 2021-06-14	Attorney General of Ontario
2021-05-14	Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-05-17)	Her Majesty The Queen
2021-05-14	Appellant's record, (Book Form), (2 volumes), require: 23B (rec'd 2021-06-14), 24A (rec' 08/20/21), Completed on: 2021-08-23, (Printed version filed on 2021-05-17)	Her Majesty The Queen
2021-05-14	Appellant's factum, (Book Form), require: 23B (rec'd 2021-06-14), , Completed on: 2021-08-09, (Printed version filed on 2021-05-17)	Her Majesty The Queen
2021-05-05	Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent by email)
2021-03-19	Notice of appeal, (Book Form), require: 23B (rec'd 2021-06-14), Completed on: 2021-08-09, (Printed version filed on 2021-03-23)	Her Majesty The Queen
2021-02-19	Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-02-19	Judgment on leave sent to the parties
2021-02-18	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 500-10-007018-193, 2020 QCCA 666, dated May 25, 2020, is granted. Granted
2021-01-18	All materials on application for leave submitted to the Judges, for consideration by the Court
2020-10-13	Order on motion to appoint counsel, by DAVID POWER
2020-10-13	Decision on the motion to appoint counsel, DeRg, UPON APPLICATION by the respondent for an order assigning counsel under s. 694.1 of the Criminal Code for the purpose of responding to the application for leave to appeal; AND THE MATERIAL FILED having been read; AND IT BEING NOTED THAT the applicant has given her consent; IT IS HEREBY ORDERED THAT: 1. The motion is granted; 2. Diego Gramajo is assigned to act as counsel on behalf of the respondent under s. 694.1 of the Criminal Code for the purpose of responding to the application for leave to appeal; and 3. Mr. Gramajo’s fees and disbursements shall be paid by the Attorney General of Quebec in accordance with s. 694.1(2) and (3) of the Criminal Code. Granted
2020-10-13	Submission of motion to appoint counsel, DeRg
2020-09-28	Reply to the motion to appoint counsel, (Letter Form), Completed on: 2020-09-28	J.F.
2020-09-24	Response to the motion to appoint counsel, (Letter Form), Completed on: 2020-09-24	Her Majesty The Queen
2020-09-16	Notice of change of solicitor, (Letter Form), Isabelle Bouchard is now agent for the applicant.	Her Majesty The Queen
2020-09-11	Certificate (on limitations to public access), (Letter Form), 23B - Response	J.F.
2020-09-11	Certificate (on limitations to public access), (Letter Form), 23A - Response	J.F.
2020-09-11	Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-09-11	J.F.
2020-09-11	Certificate (on limitations to public access), (Letter Form), 23B - Motion	J.F.
2020-09-11	Certificate (on limitations to public access), (Letter Form), 23A - Motion	J.F.
2020-09-11	Motion to appoint counsel, (Book Form), Completed on: 2020-09-11	J.F.
2020-08-17	Certificate (on limitations to public access), (Letter Form), 23B	Her Majesty The Queen
2020-08-10	Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 08/10/20
2020-08-04	Certificate (on limitations to public access), (Letter Form), 23A Missing: Form 23B (rec' 08/17/20)	Her Majesty The Queen
2020-08-04	Notice of name, (Letter Form)	Her Majesty The Queen
2020-08-04	Application for leave to appeal, (Book Form), Missing: Form 23B (rec' 08/18/20), Completed on: 2020-09-22	Her Majesty The Queen

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Her Majesty The Queen	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
J.F.	Respondent	Active

Other parties

Other parties

Name	Role	Status
Attorney General of Ontario	Intervener	Active
Attorney General of British Columbia	Intervener	Active
Attorney General of Alberta	Intervener	Active
Criminal Lawyers' Association of Ontario	Intervener	Active
Association québécoise des avocats et avocates de la défense	Intervener	Active
Association des avocats de la défense de Montréal-Laval-Longueuil	Intervener	Active

Counsel

Summary

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.

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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.

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Webcasts

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