Case information
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40810
Gabriel Boudreau v. His Majesty the King
(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) |
|---|---|---|
| 2024-05-03 | Appeal closed | |
| 2024-04-16 |
Decision on motion to extend time to serve and/or file notice of appeal, Mar Granted, no order as to costs |
|
| 2024-04-09 | Transcript received, 46 Pages | |
| 2024-03-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-03-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-03-20 |
Judgment on the appeal rendered, Côt Mar Kas Ja Ob, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003920-217, 2023 QCCA 358, dated March 16, 2023, was heard on March 20, 2024, and the Court on that day delivered the following judgment orally: [TRANSLATION] CÔTÉ J. — Having examined the trial judge’s reasons, delivered orally, to determine whether the verdict was vitiated by illogical or irrational reasoning within the meaning of R. v. Beaudry, 2007 SCC 5, [2007] 1 S.C.R. 190, and R. v. Sinclair, 2011 SCC 40, [2011] 3 S.C.R. 3, we would dismiss the appeal. With respect, even though the judge could have expressed herself more clearly at times, the appellant has not shown a reviewable error, because the judge’s inference was based on the whole of the evidence. In particular, there is no reviewable error with regard to the complainant’s testimony about the position of her car at the time of the collision. As a result, and substantially for the reasons of the majority of the Court of Appeal, we unanimously dismiss the appeal. Dismissed |
|
| 2024-03-20 | Hearing of the appeal, 2024-03-20, Côt Mar Kas Ja Ob | |
| 2024-03-20 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2024-03-18 | Appellant's condensed book, (Book Form), (Printed version due on 2024-03-25) | Gabriel Boudreau |
| 2024-03-15 | Certificate (on limitations to public access), (Letter Form), 23A - Condensed Book, (Printed version due on 2024-03-22) | His Majesty the King |
| 2024-03-15 | Respondent's condensed book, (Book Form), (Printed version filed on 2024-03-15) | His Majesty the King |
| 2024-03-01 |
Notice of appearance, Alain Dumas will appear before the Court. Alain Dumas will present oral argument. |
Gabriel Boudreau |
| 2024-02-13 |
Notice of appearance, Olivier T. Raymond and Sabrina Lambert-Michel will appear before the Court. Olivier T. Raymond will present oral argument. |
His Majesty the King |
| 2023-11-02 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-03) | His Majesty the King |
| 2023-11-02 | Respondent's factum, (Book Form), Completed on: 2023-11-02, (Printed version filed on 2023-11-03) | His Majesty the King |
| 2023-10-31 | Notice of hearing sent to parties | |
| 2023-10-31 | Appeal hearing scheduled, 2024-03-20 | |
| 2023-10-13 | Order on motion to extend time, by CHANTAL CARBONNEAU | |
| 2023-10-13 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file his factum and record to September 11, 2023; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2023-10-12 | Submission of motion to extend time, Reg | |
| 2023-10-06 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2023-10-05 | Notice of change of counsel, (Letter Form), Notice of co-counsel added , (Printed version filed on 2023-10-06) | His Majesty the King |
| 2023-09-11 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-09-13) | Gabriel Boudreau |
| 2023-09-11 |
Appellant's record, (Book Form), 3 Volumes , Completed on: 2023-10-10, (Printed version filed on 2023-09-13) |
Gabriel Boudreau |
| 2023-09-11 | Appellant's factum, (Book Form), Completed on: 2023-10-10, (Printed version filed on 2023-09-13) | Gabriel Boudreau |
| 2023-09-01 | Motion to extend time, (Book Form), to serve and file the appellant's factum and record, Completed on: 2023-10-10, (Printed version filed on 2023-09-05) | Gabriel Boudreau |
| 2023-08-02 | Order on motion to extend time to serve and/or file notice of appeal | |
| 2023-08-02 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file the notice of appeal as of right to July 3, 2023; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2023-07-26 | Submission of motion to extend time to serve and/or file notice of appeal submitted, Mar | |
| 2023-07-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-07-10) | His Majesty the King |
| 2023-07-10 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), Completed on: 2023-07-11, (Printed version filed on 2023-07-10) | His Majesty the King |
| 2023-07-06 | General proceeding, File number has been assigned at this time for the sole purpose of preparing an order relating to the motion filed by Gabriel Boudreau. | Gabriel Boudreau |
| 2023-06-29 | Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Completed on: 2023-07-04, (Printed version filed on 2023-06-30) | Gabriel Boudreau |
| 2023-06-29 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-06-30) | Gabriel Boudreau |
| 2023-06-29 | Notice of appeal, Completed on: 2023-07-05, (Printed version filed on 2023-06-30) | Gabriel Boudreau |
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 |
|---|---|---|
| Boudreau, Gabriel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Boudreau, Gabriel
Counsel
400, boul. Jean-Lesage
bureau 310
Québec, Quebec
G1K 8W1
Telephone: (418) 525-0007
FAX: (418) 525-0008
Email: alain@dumasgagne.com
Party: His Majesty the King
Counsel
Olivier Raymond
300, boul. Jean-Lesage, bureau 2.55
Québec, Quebec
G1K 8K5
Telephone: (418) 649-3500
FAX: (418) 646-4919
Email: sabrina.lambert-michel@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Appeals — Unreasonable verdict — Evidence — Whether trial judge arrived at unreasonable verdict by drawing illogical inferences and by drawing inferences that were clearly contradicted by evidence. <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.
Following a trial in the Court of Québec, the appellant, Gabriel Boudreau, was convicted of dangerous driving causing bodily harm as a result of a collision between him and the complainant. On appeal, the appellant argued that the trial judge had erred by finding that he had taken part in a race with another driver, by improperly assessing the complainant’s testimony and by failing to consider some of the evidence. The majority of the Court of Appeal dismissed the appeal, as it was of the view that the verdict was not unreasonable, illogical or irrational. The trial judge, who had direct evidence on some aspects and circumstantial evidence on others, could convict the appellant of the offence based on that evidence.
The dissenting judge would have allowed the appeal, set aside the conviction and ordered a new trial. In her view, the trial judge had made two errors that undermined the reasonableness of the verdict. She had rejected the testimony on the basis of an illogical inference even though the appellant’s version was consistent with the site of the damage and was confirmed by the complainant’s testimony. In addition, the judge’s finding that the complainant had been driving in the left lane well before the impact was contradicted by the complainant’s testimony.
Lower court rulings
Court of Quebec
200-01-215006-176
Conviction for dangerous operation of a vehicle causing bodily harm
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
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