Case information
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39680
His Majesty The King v. Pascal Breault
(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) |
|---|---|---|
| 2023-05-12 | Appeal closed | |
| 2023-04-13 |
Judgment on the appeal rendered, CJ Ka Côt Br Row Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003742-207, 2021 QCCA 505, dated March 26, 2021, heard on September 14, 2022, is dismissed. * Brown J. did not participate in the final disposition of the judgment. Dismissed |
|
| 2023-04-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-04-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-01-13 | Transcript received, 99 pages | |
| 2022-09-14 | Judgment reserved OR rendered with reasons to follow | |
| 2022-09-14 |
Hearing of the appeal, 2022-09-14, CJ Ka Côt Br Row Mar Kas Ja Ob Judgment reserved |
|
| 2022-09-09 | Appellant's condensed book, (Book Form), (Printed version due on 2022-09-16) | His Majesty The King |
| 2022-09-08 | Intervener's condensed book, (Book Form), (Printed version due on 2022-09-15) | Association des avocats de la défense de Montréal-Laval-Longueuil |
| 2022-09-08 | Intervener's condensed book, (Book Form), (Printed version due on 2022-09-15) | Association québécoise des avocats et avocates de la défense |
| 2022-09-08 | Intervener's condensed book, (Book Form), (Printed version due on 2022-09-15) | Attorney General of Canada |
| 2022-09-08 | Respondent's condensed book, (Book Form), (Printed version due on 2022-09-15) | Pascal Breault |
| 2022-08-16 | Correspondence (sent by the Court) to, Correspondence, draft counsel sheet, seating chart | |
| 2022-08-15 | Notice of appearance, (Letter Form), Me Marie-Pier Boulet will appear at the appeal hearing. Me Boulet will present oral argument before the Court., (Printed version due on 2022-08-22) | Association québécoise des avocats et avocates de la défense |
| 2022-08-12 | Notice of appearance, (Letter Form), Sean Gaudet and Julie Laborde will be present for the intervener, the Attorney General of Canada. Me Gaudet will present oral argument to the Court., (Printed version due on 2022-08-19) | Attorney General of Canada |
| 2022-08-12 | Notice of appearance, (Letter Form), Mr. James V. Palangio and Mr. Nicolas de Montigny will attend on behalf of the intervener. Mr. Palangio will be making oral submissions to the Court, (Printed version due on 2022-08-19) | Attorney General of Ontario |
| 2022-08-12 | Notice of appearance, (Letter Form), Me. Nicolas Abran, Gabriel Bervin and Isabelle Cardinal will be present for Her Majesty the Queen. Both will present the oral argument before the Court, (Printed version due on 2022-08-19) | His Majesty The King |
| 2022-08-09 |
Notice of appearance, (Letter Form), Me Kamy Pelletier-Khamphinith will appeared for the respondent. Me Félix-Antoine T. Doyon will present the arguments., (Printed version due on 2022-08-16) |
Pascal Breault |
| 2022-08-09 |
Notice of appearance, (Letter Form), Me Jean-Philippe Marcoux and Me Vincent R. Paquet will appear at the appeal hearing. Me Marcoux will present the oral arguments, (Printed version due on 2022-08-16) |
Association des avocats de la défense de Montréal-Laval-Longueuil |
| 2022-07-21 | Correspondence (sent by the Court) to, all parties, signed by Registrar, Re: directives on appeal hearing | |
| 2022-05-17 | Notice of hearing sent to parties, (sent by email) | |
| 2022-05-17 |
Appeal hearing scheduled, 2022-09-14 Judgment reserved |
|
| 2022-05-16 | Intervener's factum, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-16) | Association québécoise des avocats et avocates de la défense |
| 2022-05-16 | Intervener's factum, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-18) | Attorney General of Ontario |
| 2022-05-16 | Intervener's factum, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-24) | Association des avocats de la défense de Montréal-Laval-Longueuil |
| 2022-05-13 | Intervener's factum, (Book Form), Completed on: 2022-05-18, (Printed version filed on 2022-05-16) | Attorney General of Canada |
| 2022-05-03 | Correspondence (sent by the Court) to, Letters of direction relating to upcoming hearing | |
| 2022-04-04 | Order on motion for leave to intervene, by ROWE J. | |
| 2022-04-04 |
Decision on the motion for leave to intervene, Row, UPON APPLICATIONS by the Attorney General of Canada; the Attorney General of 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. The Attorney General of Canada shall be entitled to serve and file a factum not to exceed twenty (20) pages in length and book of authorities, if any, on or before May 16, 2022. The Attorney General of Ontario, the Association québécoise des avocats et avocates de la défense and the Association des avocats de la défense de Montréal-Laval-Longueuil shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before May 16, 2022. The Attorney General of Canada is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. The remaining three (3) 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. 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 |
|
| 2022-04-04 | Submission of motion for leave to intervene, Row | |
| 2022-03-30 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version due on 2022-04-06) | Pascal Breault |
| 2022-03-30 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-04-06) | Pascal Breault |
| 2022-03-30 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-04-06) | Pascal Breault |
| 2022-03-30 | Respondent's factum, (Book Form), require: proof of service (rec'd 2022-04-01), Completed on: 2022-05-18, (Printed version filed on 2022-04-01) | Pascal Breault |
| 2022-03-16 | Notice of change of counsel, (Letter Form), (Printed version due on 2022-03-23) | His Majesty The King |
| 2022-03-15 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version due on 2022-03-22) | Attorney General of Canada |
| 2022-03-15 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-03-16) | Association des avocats de la défense de Montréal-Laval-Longueuil |
| 2022-03-15 | Notice of name, (Letter Form), (Printed version filed on 2022-03-16) | Association des avocats de la défense de Montréal-Laval-Longueuil |
| 2022-03-15 | Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-03-16) | Association des avocats de la défense de Montréal-Laval-Longueuil |
| 2022-03-15 | Notice of name, (Letter Form), Missing: Proof of Service (rec' 03/22/22), (Printed version filed on 2022-03-18) | Association québécoise des avocats et avocates de la défense |
| 2022-03-15 |
Motion for leave to intervene, (Book Form), Missing: Filing Fee Proof of Service (rec' 03/22/22), Incomplete, (Printed version filed on 2022-03-18) |
Association québécoise des avocats et avocates de la défense |
| 2022-03-14 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 03/28/22), Completed on: 2022-04-05, (Printed version due on 2022-03-21) | Attorney General of Ontario |
| 2022-02-15 | Certificate (on limitations to public access), (Letter Form), 23B - Factum & Record, (Printed version filed on 2022-03-09) | His Majesty The King |
| 2022-02-15 | Certificate (on limitations to public access), (Letter Form), 23A - Factum & Record, (Printed version filed on 2022-03-09) | His Majesty The King |
| 2022-02-15 | Certificate of counsel (attesting to record), (Letter Form), (Printed version filed on 2022-03-09) | His Majesty The King |
| 2022-02-15 | Appellant's record, (Book Form), (2 volumes), Completed on: 2022-03-01, (Printed version filed on 2022-03-09) | His Majesty The King |
| 2022-02-15 | Appellant's factum, (Book Form), Completed on: 2022-03-01, (Printed version filed on 2022-03-09) | His Majesty The King |
| 2021-12-14 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2021-12-16) | His Majesty The King |
| 2021-12-14 | Notice of appeal, (Letter Form), Completed on: 2021-12-17, (Printed version filed on 2021-12-16) | His Majesty The King |
| 2021-11-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-11-18 | Judgment on leave sent to the parties | |
| 2021-11-18 |
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 (Québec), Number 200-10-003742-207, 2021 QCCA 505, dated March 26, 2021, is granted. Granted |
|
| 2021-10-18 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-07-06 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-07-08) | Pascal Breault |
| 2021-07-06 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2021-10-05, (Printed version filed on 2021-07-08) | Pascal Breault |
| 2021-06-07 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-06-07 | |
| 2021-05-21 | Certificate (on limitations to public access) | His Majesty The King |
| 2021-05-21 | Notice of name | His Majesty The King |
| 2021-05-21 | Application for leave to appeal, (Book Form), REQUIRED : Filing fee (rec'd 2021-06-10), Completed on: 2021-06-11, (Printed version due on 2021-05-31) | His Majesty The King |
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 |
|---|---|---|
| His Majesty The King | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Breault, Pascal | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General 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
Party: His Majesty The King
Counsel
Gabriel Bervin
Isabelle Cardinal
2828, boulevard Laurier, Tour 1
Bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-9059 Ext: 20934
FAX: (418) 644-3428
Email: nicolas.abran@dpcp.gouv.qc.ca
Agent
Palais de justice de Gatineau
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Party: Breault, Pascal
Counsel
Kamy Pelletier-Khamphinith
400, boulevard Jean-Lesage
Bureau 115
Québec, Quebec
G1K 8W1
Telephone: (581) 888-3446
FAX: (581) 742-9097
Email: fa@labrecquedoyon.ca
Party: Attorney General of Ontario
Counsel
Nicolas de Montigny
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: james.palangio@ontario.ca
Party: Association québécoise des avocats et avocates de la défense
Counsel
4702, rue Louis-B. Mayer, Suite 304
Laval, Quebec
H7P 0L9
Telephone: (514) 666-1111
FAX: (514) 221-2137
Email: info@bmdavocats.com
Party: Association des avocats de la défense de Montréal-Laval-Longueuil
Counsel
Vincent R. Paquet
785, chemin de Chambly
Longueuil, Quebec
J4M 3M2
Telephone: (450) 748-1599
FAX: (450) 463-2358
Email: jpmarcoux@noncoupable.ca
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: Attorney General of Canada
Counsel
Sean Gaudet
Julie Laborde
Department of Justice Canada
50 O'Connor Street, Suite 500, room 556
Ottawa, Ontario
K2P 6L2
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Criminal law — Failure or refusal to provide breath sample in approved screening device — Criterion of immediacy under s. 254(2) of Criminal Code — Whether Quebec Court of Appeal erred in law in interpreting standard of immediacy of s. 254(2)(b) (now 320.27(1)(b)) of Criminal Code as meaning that validity of police officer’s demand depends on possibility of officer having “immediate access” to approved screening device — Criminal Code, R.S.C. 1985, c. C 46, s. 254(2)(b) (now 320.27(1)(b)).
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. Breault, refused a number of times to provide a breath sample to a peace officer who demanded that he do so at a time when an approved screening device was not in the officer’s possession. The Municipal Court found Mr. Breault guilty of failing to comply with a demand made to him by a peace officer, thereby committing the offence provided for in ss. 254(5) and 255(1) of the Criminal Code. In its view, the validity of the demand did not depend on a device being at the scene at the time when the demand was made. The Court of Appeal instead held that, because of the requirement that a breath sample be provided “forthwith”, a delay greater than is necessary to properly operate the device or obtain a reliable test in light of the facts noted by the police officer cannot be justified. The demand was therefore invalid, and the refusal that followed did not constitute a criminal offence.
Lower court rulings
Municipal Court of Quebec
17CC011136
Finding of guilty entered for failure to comply with demand made by peace officer under s. 254(2) Cr.C.
Superior Court of Quebec
200-36-002866-192, 2020 QCCS 1597
Appeal dismissed
Court of Appeal of Quebec (Québec)
200-10-003742-207, 2021 QCCA 505
Appeal allowed; judgment of acquittal entered; declaration that R. v. Petit, 2005 QCCA 687, no longer has precedential value
Memorandums of argument on application for leave to appeal
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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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