Docket

37427

Alex Boudreault v. Her Majesty the Queen, et al.

(Que.) (Criminal) (By Leave)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2019-01-04 Appeal closed
2018-12-17 Formal judgment sent to the registrar of the court of appeal and all parties
2018-12-17 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-12-14 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 500-10-006031-155, 2016 QCCA 1907, dated November 28, 2016, heard on April 17, 2018, is allowed. Section 737 of the Criminal Code, R.S.C. 1985, c. C-46, infringes s. 12 of the Canadian Charter of Rights and Freedoms and is not saved by s. 1. It is invalidated with immediate effect, pursuant to s. 52(1) of the Constitution Act, 1982. Côté and Rowe JJ. dissent.
Allowed
2018-10-18 Notice of change of counsel, Emily K Moreau, agent for the Respondent, Her Majesty the Queen. Her Majesty the Queen
2018-05-02 Transcript received, (2 volumes), Joint with 37774, 37782 and 37783; Day 1-131 pages - Day 2-111 pages
2018-04-18 Judgment reserved OR rendered with reasons to follow
2018-04-17 Hearing of the appeal, 2018-04-17, and 4/18/2018, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment reserved
2018-04-17 Respondent's condensed book, (Book Form), Submitted in courtroom (14 copies) Attorney General of Québec
2018-04-17 Intervener's condensed book, (Book Form), Submitted in courtroom (14 copies) Pivot Legal Society
2018-04-17 Intervener's condensed book, (Book Form), Submitted in courtroom (14 copies) Attorney General of Alberta
2018-04-13 Order by, Justice Rowe, Row, UPON APPLICATION by the Attorney General of Ontario for an order striking paragraphs 39-45 of the factum filed by the Colour of Poverty - Colour of Change and the Income Security Advocacy Centre (the Coalition), and striking paragraphs 31-33 of the factum filed by the Yukon Legal Services Society;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is dismissed.
Dismissed
2018-04-12 Correspondence received from, (Letter Form), Me Yves Gratton, re: Response to Motion to Stike. Alex Boudreault
2018-04-11 Correspondence received from, (Letter Form), Mr. Andrew Stobo Sniderman, re: Response to Motion to Stike.
Yukon Legal Services Society
2018-04-11 Correspondence received from, (Letter Form), Ms. Jackie Esmonde, re: Response to Motion to Stike. Colour of Poverty - Colour of Change
2018-04-11 Correspondence received from, (Letter Form), Me Sandra Bonanno, re: response to motion to strike - agrees with the position adopted by the AG of Ontario. Her Majesty the Queen
2018-04-11 Correspondence received from, (Letter Form), Me Pierre Landry, re: response to motion to strike - agrees with the position adopted by the AG of Ontario. Attorney General of Québec
2018-04-11 Order on motion to extend time, (BY JUSTICE ROWE)
2018-04-11 Decision on motion to extend time, Row, UPON APPLICATION by the Yukon Legal Services Society for an extension of time to serve and file their revised factum on or before April 12, 2018, in the above appeals;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2018-04-11 Submission of motion to extend time, Row
2018-04-10 Response to motion to extend time, (Letter Form), Completed on: 2018-04-10 Alex Boudreault
2018-04-10 Response to motion to extend time, (Joint with 37774), Completed on: 2018-04-10 Attorney General of Québec
2018-04-10 Motion to extend time, (Letter Form), To file the intervener factum. (Joint with 37774), Completed on: 2018-04-10 Yukon Legal Services Society
2018-04-09 Notice of appearance, (Book Form), Joint 37774 - Andrew Stobo Sniderman and Vincent Larochelle will be appearing. Mr. Sniderman will present oral argument. Yukon Legal Services Society
2018-04-09 Intervener's factum, (Book Form), REVISED (Joint with 37774) Motion for extension of time required (received 2018-04-10)., Completed on: 2018-04-16 Yukon Legal Services Society
2018-04-05 Notice of appearance, (Letter Form), Louis-Charles Bal will be appearing and presenting oral argument. Her Majesty the Queen
2018-04-05 Correspondence received from, (Letter Form), All appellants - Joint with 37427, 37774, 37782 and 37783; Proposed speaking order of appellants. Alex Boudreault
2018-04-04 Notice of appearance, (Letter Form), Robert A. Fata will be appearing and presenting oral argument. Attorney General of Alberta
2018-04-04 Notice of appearance, (Letter Form), Yves Gratton will be appearing and presenting oral argument. Alex Boudreault
2018-04-03 Notice of appearance, (Letter Form), Graham Kosakoski and D.J. Larkin will be appearing. Mr. Kosakoski will be presenting oral argument.
REVISED filed on 2018-04-13.
Pivot Legal Society
2018-04-03 Notice of appearance, (Letter Form), Julien Bernard Sylvain Leboeuf and Julie Dassylva will be appearing. Mr. Bernard will present oral argument. Attorney General of Québec
2018-04-03 Intervener's factum, (Book Form), REVISED (Joint with 37777, 37782 and 37783), Completed on: 2018-04-03 Colour of Poverty - Colour of Change
2018-04-03 Intervener's book of authorities, (Book Form), REVISED (Joint with 37774, 37782 and 37783), Completed on: 2018-04-03 Canadian Civil Liberties Association
2018-04-03 Intervener's factum, (Book Form), (Joint with 37774, 37782 and 37783) REVISED, Completed on: 2018-04-03 Canadian Civil Liberties Association
2018-03-29 Notice of appearance, (Letter Form), Christopher Bredt, Pierre Gemson and Alannah Fotheringham will be appearing. Mr. Bredt will presetn oral argument. (Joint with 37774, 37782, 37783) Canadian Civil Liberties Association
2018-03-29 Certificate (on limitations to public access), (Book Form) Aboriginal Legal Services
2018-03-29 Intervener's book of authorities, (Book Form), REVISED (Joint with 37774), Completed on: 2018-03-29 Aboriginal Legal Services
2018-03-29 Intervener's factum, (Book Form), (joint with 37774) REVISED, Completed on: 2018-03-29 Aboriginal Legal Services
2018-03-27 Notice of appearance, (Letter Form), Jonathan Rudin and Caitlyn E. Kasper will be appearing. Mr. Rudin will present oral argument. (Joint with 37774) Aboriginal Legal Services
2018-03-27 Notice of appearance, (Letter Form), Jackie Esmonde, Daniel Rhode and Marie Chen will be appearing. Ms. Esmonde will present oral argument. (Joint with 37774, 37782, 37783) Colour of Poverty - Colour of Change
2018-03-27 Correspondence received from, (Book Form), All the respondents; Joint in 37427, 37774, 37782 and 37783; Proposed speaking order of respondents Her Majesty the Queen
2018-03-23 Notice of appearance, (Letter Form), Greg J. Allen and Nicole C. Gilewicz will be appearing. Mr. Allen will present oral argument. British Columbia Civil Liberties Association
2018-03-12 Notice of hearing sent to parties, (sent by email on March 12, 2018 to all parties)
2018-03-12 Appeal hearing scheduled, 2018-04-18, Day 2 (FOR WEBCASTING PURPOSES ONLY)
2018-03-12 Appeal hearing scheduled, 2018-04-17, Day 1 (previously tentatively scheduled on January 11, 2018)
Judgment reserved
2018-03-09 Notice of withdrawal, (Letter Form), AG Ontario withdraws its intervention., Completed on: 2018-03-09 Attorney General of Ontario
2018-03-02 Order by, Abe, IT IS HEREBY ORDERED THAT:

The Attorney General of Ontario and the Attorney General of Alberta are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Granted
2018-03-02 Order on motion to extend time, (by Justice Côté)
2018-03-02 Decision on motion to extend time, Côt, UPON APPLICATION by the intervener, Pivot Legal Society, for an order extending the time to serve and file its factum and book of authorities, and for permission to present oral argument on the appeal;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the appellant and respondents consent to the request;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2018-03-02 Submission of motion to extend time, Côt
2018-02-28 Response to motion to extend time, Completed on: 2018-02-28 Alex Boudreault
2018-02-08 Notice of change of counsel, (Letter Form), Mr. Louis-Charles Bal will now be counsel for the respondent, Her Majesty the Queen. Her Majesty the Queen
2018-02-02 Response to motion to extend time, (Letter Form), (from Me Sandra Bonanno, by email), Completed on: 2018-02-02 Her Majesty the Queen
2018-02-01 Response to motion to extend time, (Letter Form), (from Pierre Landry, by email), Completed on: 2018-02-01 Attorney General of Québec
2018-01-25 Intervener's factum, (Book Form), Completed on: 2018-01-25 Pivot Legal Society
2018-01-25 Motion to extend time, (Letter Form), amended motion requested (rec'd Jan.30/18), Completed on: 2018-01-25 Pivot Legal Society
2018-01-24 Order on motion to extend time, (by Justice Brown)
2018-01-24 Decision on motion to extend time, Br, UPON APPLICATION by the intervener, British Columbia Civil Liberties Association, for an order extending the time to serve and file its factum and book of authorities, and for permission to present oral argument on the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2018-01-24 Submission of motion to extend time, (by BCCLA), Br
2018-01-22 Correspondence received from, (Letter Form), Leandra Matthie (by email). Contact information for counsel for the intervener. Colour of Poverty - Colour of Change
2018-01-17 Correspondence received from, Graham Kosakoski, Re: disregard previous motion and a new motion will be filed Pivot Legal Society
2018-01-16 Intervener's factum, (Book Form), Proof of service missing (received 2018-01-19)., Completed on: 2018-01-23 Yukon Legal Services Society
2017-12-20 Response to motion to extend time, (Letter Form), (by Pivot and BCCLA) email from Sandra Bonanno , Completed on: 2017-12-20 Her Majesty the Queen
2017-12-19 Motion to extend time, (Book Form), to file the factum and book of authorities. Proof of service missing-rec'd 2018/01/02, Completed on: 2018-01-02 British Columbia Civil Liberties Association
2017-12-14 Intervener's book of authorities, (Book Form), Completed on: 2017-12-14 British Columbia Civil Liberties Association
2017-12-14 Intervener's factum, (Book Form), Proof of service missing; Motion to extend time required-both rec'd 2017/12/19, Completed on: 2017-12-19 British Columbia Civil Liberties Association
2017-12-13 Response to motion to extend time, (Letter Form), will not respond., Completed on: 2017-12-13 Attorney General of Ontario
2017-12-13 Response to motion to extend time, (Letter Form), will not respond., Completed on: 2017-12-13 Canadian Civil Liberties Association
2017-12-13 Intervener's book of authorities, (Book Form), Completed on: 2017-12-13 Canadian Civil Liberties Association
2017-12-13 Intervener's factum, (Book Form), Completed on: 2017-12-13 Canadian Civil Liberties Association
2017-12-13 Certificate (on limitations to public access), (Book Form) Aboriginal Legal Services
2017-12-13 Intervener's book of authorities, (Book Form), Completed on: 2017-12-14 Aboriginal Legal Services
2017-12-13 Intervener's factum, (Book Form), Completed on: 2017-12-14 Aboriginal Legal Services
2017-12-13 Motion to extend time, (Book Form), to serve and file their appeal documents on January 15, 2018 (amended rec'd December 14, 2017), Completed on: 2017-12-13 Pivot Legal Society
2017-12-12 Intervener's book of authorities, (Book Form), REVISED covers file on 2018-04-03 (joint with 37774, 37782 and 37783), Completed on: 2017-12-12 Colour of Poverty - Colour of Change
2017-12-12 Intervener's factum, (Book Form), Completed on: 2017-12-12 Colour of Poverty - Colour of Change
2017-12-08 Correspondence (sent by the Court) to, Yves Gratton. RE: Question regarding the hearing dates (Letter from the Registrar).
2017-12-04 Correspondence received from, (Letter Form), Yves Gratton (by email). Email regarding the tentative hearing date. Alex Boudreault
2017-12-04 Order on motion to extend time, (by ROWE J.)
2017-12-04 Decision on motion to extend time, Row,
UPON APPLICATION by the respondent, Attorney General of Quebec, for an order extending the time to file its factum, record and book of authorities, and for permission to present oral argument on the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2017-12-04 Submission of motion to extend time, Row
2017-11-30 Order on motion to extend time, (by ABELLA J.)
2017-11-30 Order on motion for leave to intervene, (by ABELLA J.)
2017-11-30 Decision on motion to extend time, Abe,
See order on motion for leave to intervene dated November 30, 2017.
Granted
2017-11-30 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Yukon Legal Services Society for an extension of time to file their 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 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 factum not to exceed ten (10) pages in length on or before January 25, 2018.
The said intervener is granted permission to present oral argument 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 respondents any additional disbursements resulting from its intervention.
Granted
2017-11-30 Submission of motion to extend time, Abe
2017-11-30 Submission of motion for leave to intervene, Abe
2017-11-24 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (REVISED)
2017-11-09 Intervener's factum, (Book Form), Completed on: 2017-11-09 Attorney General of Alberta
2017-11-09 Intervener's book of authorities, (Book Form), Completed on: 2017-11-09 Attorney General of Ontario
2017-11-09 Intervener's factum, (Book Form), Completed on: 2017-11-09 Attorney General of Ontario
2017-11-08 Response to motion to extend time, (Letter Form), by the YLSS. , Completed on: 2017-11-08 Attorney General of Québec
2017-11-08 Response to motion to extend time, (Letter Form), by the YLSS. , Completed on: 2017-11-09 Her Majesty the Queen
2017-11-03 Correspondence received from, Marc Ribeiro, by email, Re: Attorney General of Canada withdraws their intention to intervene with respect to constitutional question Attorney General of Canada
2017-11-03 Motion to extend time, (Letter Form), to serve the motion for leave to intervene. Proof of service missing (received 2017-11-06)., Completed on: 2017-11-06, (Electronic version filed on 2017-11-03) Yukon Legal Services Society
2017-11-02 Order on motion for leave to intervene, by Justice Abella
2017-11-02 Decision on the motion for leave to intervene, Abe, UPON APPLICATION by the Colour of Poverty – Colour of Change, the Income Security Advocacy Centre (jointly); the British Columbia Civil Liberties Association; the Aboriginal Legal Services; the Canadian Civil Liberties Association and the Pivot Legal Society 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 five (5) interveners or group of interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before December 13, 2017.
The said interveners or group of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The interveners or group of 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 or group of interveners shall pay to the appellant and the respondents any additional disbursements resulting from their intervention.
Granted
2017-11-02 Submission of motion for leave to intervene, (5 motions), Abe
2017-11-01 Response to the motion for leave to intervene, (Letter Form), by YLSS, Completed on: 2017-11-01 Attorney General of Québec
2017-10-30 Appeal perfected for hearing
2017-10-27 Motion to extend time, (Book Form), (to serve and file the appeal documents) revised motion required (received on 2017-11-01), Completed on: 2017-11-02 Attorney General of Québec
2017-10-27 Certificate of counsel (attesting to record), (Letter Form) Attorney General of Québec
2017-10-27 Respondent's book of authorities, (Book Form), Motion for extension of time required (received 2017-10-27)., Completed on: 2017-11-01 Attorney General of Québec
2017-10-27 Respondent's record, (Book Form), (5 volumes), Motion for extension of time required (received 2017-10-27)., Completed on: 2017-11-01 Attorney General of Québec
2017-10-27 Respondent's factum, (Book Form), Motion for extension of time required (received 2017-10-27)., Completed on: 2017-11-01 Attorney General of Québec
2017-10-25 Certificate (on limitations to public access) Her Majesty the Queen
2017-10-25 Notice of name Her Majesty the Queen
2017-10-25 Respondent's factum, (Book Form), Completed on: 2017-10-25 Her Majesty the Queen
2017-10-12 Notice of name, (Letter Form) Yukon Legal Services Society
2017-10-06 Response to the motion for leave to intervene, Completed on: 2017-10-06 Attorney General of Québec
2017-10-04 Notice of name, (Letter Form) British Columbia Civil Liberties Association
2017-09-29 Notice of name Pivot Legal Society
2017-09-29 Motion for leave to intervene, (Book Form), Service missing (received 2017-09-29), Completed on: 2017-10-05 Pivot Legal Society
2017-09-29 Notice of name Canadian Civil Liberties Association
2017-09-29 Motion for leave to intervene, (Book Form), Completed on: 2017-09-29 Canadian Civil Liberties Association
2017-09-29 Motion for leave to intervene, (Book Form), Proof of service and form 14 missing (received 2017-10-04)., Completed on: 2017-10-04 British Columbia Civil Liberties Association
2017-09-28 Notice of name, (Letter Form) Aboriginal Legal Services
2017-09-28 Motion for leave to intervene, (Book Form), (2 volumes), Completed on: 2017-09-28, (Electronic version filed on 2017-10-02) Aboriginal Legal Services
2017-09-27 Motion for leave to intervene, Proof of service incomplete (received 2017-11-03). Payment missing (received 2017-10-18). Form 14 missing (received 2017-10-12). Motion for extension of time to serve required (received 2017-11-03)., Completed on: 2017-11-03, (Printed version filed on 2017-10-18) Yukon Legal Services Society
2017-09-26 Notice of name Colour of Poverty - Colour of Change
2017-09-26 Motion for leave to intervene, (Book Form), Completed on: 2017-09-26 Colour of Poverty - Colour of Change
2017-09-15 Order on motion to extend time, (by the Deputy Registrar)
2017-09-15 Decision on motion to extend time, DeRg, À LA SUITE DE LA DEMANDE présentée par l’appelant en prorogation du délai pour signifier et déposer son mémoire, dossier et recueil de sources le 1er septembre 2017;
ET APRÈS EXAMEN des documents déposés;
IL EST ORDONNÉ QUE:
La requête est accueillie.
Granted
2017-09-15 Submission of motion to extend time, DeRg
2017-09-08 Response to motion to extend time, (Letter Form), Completed on: 2017-09-08 Attorney General of Québec
2017-09-05 Notice of change of counsel, (Letter Form), Marc Ribeiro will be counsel, Robert Frater will be the agent. Attorney General of Canada
2017-09-01 Motion to extend time, (Letter Form), to serve and file the appellants documents, Completed on: 2017-09-01 Alex Boudreault
2017-09-01 Certificate of counsel (attesting to record), (Letter Form) Alex Boudreault
2017-09-01 Appellant's record, (Book Form), (2 volumes), Completed on: 2017-09-01 Alex Boudreault
2017-09-01 Appellant's factum, (Book Form), Completed on: 2017-09-01 Alex Boudreault
2017-07-24 Notice of intervention respecting a constitutional question, Completed on: 2017-07-24 Attorney General of Alberta
2017-07-21 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2017-07-21 Attorney General of Ontario
2017-07-19 Notice of intervention respecting a constitutional question, Completed on: 2017-07-19 Attorney General of Canada
2017-06-26 Notice of constitutional question(s), (Included in the notice of appeal), Original received on 2017-07-10. Served on all Attorneys General on 2017-06-26. , Completed on: 2017-06-26 Alex Boudreault
2017-06-26 Notice of appeal, (Letter Form), Original received 2017-07-10., Completed on: 2017-06-26 Alex Boudreault
2017-06-06 Notice of change of counsel, (Letter Form), Mr. Julien Bernard, Ms. Julie Dassylva and Mr. Sylvain Lebeouf will be counsel for the respondent, Attorney General of Quebec Attorney General of Québec
2017-05-29 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-05-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-05-26 Judgment on leave sent to the parties
2017-05-25 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 500-10-006031-155, 2016 QCCA 1907, dated November 28, 2016, is granted without costs. The appellant is required to serve and file a Notice of Constitutional Question in Form 33B in accordance with subrules 33(2) and (3) of the Rules of the Supreme Court of Canada.
Granted, without costs
2017-04-24 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-03-02 Correspondence (sent by the Court) to, Pierre Landry Re: Attorney General of Quebec was confirmed as a respondent
2017-03-01 Certificate (on limitations to public access) Her Majesty the Queen
2017-03-01 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2017-03-01 Her Majesty the Queen
2017-02-24 Certificate (on limitations to public access) Attorney General of Québec
2017-02-24 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-02-24 Attorney General of Québec
2017-02-07 Correspondence received from, (Letter Form), the respondent, the Attorney General of Quebec should be added to the style of cause. Her Majesty the Queen
2017-01-31 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2017/01/31
2017-01-27 Certificate (on limitations to public access), (Letter Form) Alex Boudreault
2017-01-27 Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2017-01-27 Alex Boudreault