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.
39997
Jennifer Basque v. His Majesty The King
(New Brunswick) (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) |
|---|---|---|
| 2023-08-10 | Appeal closed | |
| 2023-06-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-06-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-06-30 |
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 New Brunswick, Number 59-20-CA, 2021 NBCA 50, dated November 10, 2021, heard on November 8, 2022, is allowed and the judgment of the Court of Appeal is set aside. The judgment of the summary conviction appeal court is restored, and the sentence imposed by the Provincial Court is reinstated in part. By the time she was sentenced by the Provincial Court, the appellant had already served, on a pre-sentence basis, the minimum driving prohibition set out in the former s. 259(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46, such that no further driving prohibition is needed. Thus, the sentence should not have been backdated. * Brown J. did not participate in the final disposition of the judgment. Allowed |
|
| 2022-11-17 | Transcript received, 73 pages | |
| 2022-11-08 | Judgment reserved OR rendered with reasons to follow | |
| 2022-11-08 |
Hearing of the appeal, 2022-11-08, CJ Ka Côt Br Row Mar Kas Ja Ob Judgment reserved |
|
| 2022-11-04 | Respondent's condensed book, (Book Form), (Printed version filed on 2022-11-04) | His Majesty The King |
| 2022-11-02 | Appellant's condensed book, (Book Form), (Printed version filed on 2022-11-04) | Jennifer Basque |
| 2022-10-14 | Notice of appearance, Robert K. McKee will appear before the Court and will present oral argument. | Jennifer Basque |
| 2022-10-13 | Notice of appearance, Elisa Frank will appear before the Court and will present oral argument. | Attorney General of Alberta |
| 2022-10-12 |
Notice of appearance, Patrick McGuinty and Pierre Gionet will appear before the Court. Patrick McGuinty will present oral argument. |
His Majesty The King |
| 2022-10-11 | Correspondence (sent by the Court) to, all parties; Letter of direction relating to upcoming hearing | |
| 2022-08-18 | Intervener's factum, (Book Form), Completed on: 2022-08-19, (Printed version filed on 2022-08-22) | Attorney General of Alberta |
| 2022-07-26 | Correspondence received from, (Letter Form), Respondent's Amended Factum, (Printed version filed on 2022-07-26) | His Majesty The King |
| 2022-07-18 | Respondent's book of authorities, (Book Form), Completed on: 2022-07-19, (Printed version filed on 2022-07-18) | His Majesty The King |
| 2022-07-18 | Respondent's factum, (Book Form), received: amended factum (rec'd 2022-07-26), Completed on: 2022-07-19, (Printed version filed on 2022-07-18) | His Majesty The King |
| 2022-07-07 | Order on motion for leave to intervene, by Justice Brown (sent to parties by email) | |
| 2022-07-07 | Order on motion to extend time, (joint with order on intervention) | |
| 2022-07-07 |
Decision on the motion for leave to intervene, Br, UPON APPLICATION by the Attorney General of Alberta for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file a single factum not to exceed ten (10) pages in length on or before August 18, 2022. The said intervener is granted permission to present oral arguments not exceeding five (5) minutes at the hearing of the appeal. The intervener is 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 intervener shall pay to the appellant and the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2022-07-07 |
Decision on motion to extend time, Br, see order above Granted |
|
| 2022-07-07 | Submission of motion for leave to intervene, Br | |
| 2022-07-07 | Submission of motion to extend time, Br | |
| 2022-06-28 | Notice of hearing sent to parties | |
| 2022-06-28 |
Appeal hearing scheduled, 2022-11-08 Judgment reserved |
|
| 2022-06-27 | Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Completed on: 2022-06-29 | His Majesty The King |
| 2022-06-27 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-06-29 | His Majesty The King |
| 2022-06-24 | Motion to extend time, (Included in the motion for leave to intervene), Completed on: 2022-06-29, (Printed version filed on 2022-06-27) | Attorney General of Alberta |
| 2022-06-24 |
Motion for leave to intervene, (Letter Form), MISSING: Filing Fee, Incomplete, (Printed version filed on 2022-06-27) |
Attorney General of Alberta |
| 2022-06-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (sent to parties by email) | |
| 2022-05-26 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2022-05-27) | Jennifer Basque |
| 2022-05-26 |
Appellant's record, (Book Form), (4 volumes), require: clarification re: part III (rec'd 2022-06-28) Appellant's Record made up of four volumes: -Volume 01: contains Part I of the Appellant's Record -Volume 02: contains Part II of the Appellant's Record -Volume 03: contains Part IV of the Appellant's Record -Volume 04: contains Part V of the Appellant's Record, Completed on: 2022-06-29, (Printed version filed on 2022-05-27) |
Jennifer Basque |
| 2022-05-26 | Appellant's factum, (Book Form), Completed on: 2022-06-13, (Printed version filed on 2022-05-27) | Jennifer Basque |
| 2022-04-01 | Notice of appeal, (Letter Form), Completed on: 2022-05-11, (Printed version filed on 2022-04-07) | Jennifer Basque |
| 2022-03-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-10 | Judgment on leave sent to the parties | |
| 2022-03-10 |
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 New Brunswick, Number 59-20-CA, 2021 NBCA 50, dated November 10, 2021, is granted. Granted |
|
| 2022-02-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-01-12 | Certificate (on limitations to public access) | His Majesty The King |
| 2022-01-12 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-01-19, (Printed version filed on 2022-01-12) | His Majesty The King |
| 2021-12-30 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-12-30 | |
| 2021-12-21 | Certificate (on limitations to public access), Clarification require - Amended 23A rec'd 2021-12-27 , (Printed version filed on 2021-12-30) | Jennifer Basque |
| 2021-12-21 |
Application for leave to appeal, (Book Form), Require: - Signed Copy of the Court of Appeal Reasons for Judgment rec'd 2022-01-10 - Court of Appeal Order rec'd 2022-01-10 - Electronic copy of the complete application rec'd 2021-12-27 - Copy of the Trial Court Reasons for Judgment and Order rec'd 2021-12-27 - Clarification on form 23A rec'd 2021-12-27, Completed on: 2022-01-19, (Printed version filed on 2021-12-30) |
Jennifer Basque |
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 |
|---|---|---|
| Basque, Jennifer | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty The King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Basque, Jennifer
Counsel
69 Waterloo Street
Moncton, New Brunswick
E1C 0E1
Telephone: (506) 857-8811
FAX: (506) 857-9297
Email: Robert.mckee@fowlerlawpc.com
Party: His Majesty The King
Counsel
520 King Street, Suite 610
Fredericton, New Brunswick
E3B 6G3
Telephone: (506) 453-2784
FAX: (506) 453-5364
Email: patrick.mcguinty@gnb.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Attorney General of Alberta
Counsel
Appeals, Education & Prosecution Policy Branch
300-322 6 Ave SW
Calgary, Alberta
T2T 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: elisa.frank@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Criminal law – Sentencing – Mandatory minimum sentences – Did the sentencing judge commit an error of law by granting time served on a mandatory driving prohibition order – Is time served on a driving prohibition pursuant to an accused’s interim release deductible from a mandatory minimum driving prohibition on sentence that would leave the remaining time to be served on sentence below the mandatory minimum – Does this Court’s direction on the issue in Lacasse that dealt with a discretionary order on sentence which said pre-trial driving suspension must be deducted from the time on sentence apply to mandatory minimum prohibition orders?<br>
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 was charged with operating a motor vehicle with a blood alcohol concentration that exceeded eighty milligrams of alcohol in one hundred milliliters of blood. The appellant was released from custody on an undertaking, a condition of which was that she would not operate a motor vehicle. The appellant spent the 21 months that elapsed between her initial appearance and sentencing under a driving prohibition as a condition of her release. The Provincial Court sentencing judge imposed a $1,000 fine and decided a fit punishment in the circumstances was the one-year minimum driving prohibition. He then addressed whether he could take into account her 21-month presentence driving prohibition. Deciding he could, the appellant was not subjected to any further driving prohibition. The Crown’s appeal of that decision was dismissed by the summary conviction appeal judge. A majority of the Court of Appeal granted leave to appeal, allowed the appeal, varied the Provincial Court decision to include a one-year driving prohibition, and stayed the execution of prohibition order. The dissenting justice would have dismissed the appeal.
Lower court rulings
Court of Queen’s Bench of New Brunswick
2020 NBQB 130, MCA-7-2019
Appeal dismissed
Provincial Court of New Brunswick
Sentence imposed: $1,000 fine, one year driving prohibition
Court of Appeal of New Brunswick
2021 NBCA 50, 59-20-CA
Leave to appeal granted; appeal allowed; Provincial Court decision varied to include a one year driving prohibition, execution of prohibition order stayed
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