Docket

37984

Her Majesty the Queen v. Sivaloganathan Thanabalasingham

(Que.) (Criminal) (As of Right)

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

Proceedings
Date Proceeding Filed By
(if applicable)
2020-07-20 Formal judgment sent to the registrar of the court of appeal and all parties
2020-07-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2020-07-17 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas,
The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006410-177, 2019 QCCA 1765, dated October 22, 2019, heard on June 10, 2020, is dismissed.
Dismissed
2020-06-26 Transcript received, 63 pages
2020-06-10 Judgment reserved OR rendered with reasons to follow
2020-06-10 Hearing of the appeal, 2020-06-10, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-06-09 Amicus curiae's condensed book, (Book Form) Louis Belleau
2020-06-09 Appellant's condensed book, (Book Form) Her Majesty the Queen
2020-06-04 Notice of appearance, (Letter Form), Me Maude Payette, Me Richard Audet, and Me Catherine Perreault will appear before the Court on behalf of the Appellant. Both Me Maude Payette and Me Richard Audet will present oral arguments at the hearing. Me Maude Payette will begin the oral arguments.

rec'd clarification as to who would be presenting oral argument 2020/06/05

rec'd amended notice of appearance 2020/06/08
Her Majesty the Queen
2020-05-29 Notice of appearance, Me Louis Belleau, Ad. E., will appear before the Court as amicus curiae, assisted by Me Antoine Grondin-Couture. Me Louis Belleau, Ad. E., will present oral argument at the hearing. Louis Belleau
2020-05-21 Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties, (by email)
2020-05-21 Appeal hearing scheduled, 2020-06-10, (Previously scheduled on April 23, 2020)
(previous tentative hearing date was April 24, 2020)
Judgment reserved
2020-04-27 Correspondence (sent by the Court) to, all parties, by the Registrar, Re: appeal to be heard by videoconference
2020-04-24 Amicus curiae's book of authorities, (Book Form), Completed on: 2020-04-24 Louis Belleau
2020-04-24 Amicus curiae's factum, (Book Form), Completed on: 2020-04-24 Louis Belleau
2020-03-11 Notice of hearing sent to parties, (sent by email on May 21, 2020)
2020-03-09 Notice of change of counsel Her Majesty the Queen
2020-02-28 Correspondence (sent by the Court) to, Amicus Curiae - Mandate Letter
2020-02-25 Order of Court appointing an amicus curiae,
IT IS HEREBY ORDERED THAT:

Louis Belleau is appointed as amicus curiae in the appeal as of right to assist the Court by serving and filing a factum not to exceed forty (40) pages in length and a book of authorities, if any, and by presenting oral argument at the hearing of the appeal.

Mr. Belleau shall serve and file his factum and his book of authorities, if any, on or before April 9, 2020.

Mr. Belleau is excused from the requirement to serve all appeal documents on the respondent.

The reasonable fees and disbursements of Louis Belleau shall be paid, on consent, by the Attorney General of Quebec.
2020-02-18 Correspondence (sent by the Court) to, the parties. New tentative hearing date set for April 23, 2020 (previous tentative hearing date was April 24, 2020).
2020-01-29 Order on motion to appoint counsel, by the Chief Justice
2020-01-29 Decision on motion to appoint counsel, CJ,

À LA SUITE DE LA DEMANDE présentée par Me Marie-Hélène Giroux en vue d’être nommée comme amicus curiae dans la présente affaire;

ET APRÈS EXAMEN des documents déposés;

IL EST ORDONNÉ CE QUI SUIT :

La requête est rejetée.

Me Marie-Hélène Giroux cesse d’occuper en tant que procureure de M. Thanabalasingham.

L’appelante est dispensée de l’obligation de signifier tous les documents concernant l’appel à l’intimé.

Dismissed
2020-01-29 Submission of motion to appoint counsel, CJ
2020-01-27 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2020-01-27 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2020-01-27 Appellant's record, (Book Form), Volumes 2-11 filed electronically only pursuant to Rule 38.1, Completed on: 2020-01-27 Her Majesty the Queen
2020-01-27 Appellant's factum, (Book Form), Completed on: 2020-01-27 Her Majesty the Queen
2020-01-23 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2019-12-18 Response to motion to appoint counsel, (Letter Form), Completed on: 2019-12-18 Her Majesty the Queen
2019-12-16 Motion to appoint counsel, (Letter Form), to appoint Marie-Hélène Giroux as amicus curiae
MISSING:
1) filing fee (received 2019-12-20)
2) print version (received 2019-12-20), Completed on: 2020-01-03, (Printed version filed on 2019-12-20)
Sivaloganathan Thanabalasingham
2019-11-21 Certificate (on limitations to public access), (Letter Form), SECOND APPEAL Her Majesty the Queen
2019-11-21 Notice of appeal, (Letter Form), SECOND APPEAL - Missing: Amended Notice of Appeal needed. (rec' 12/04/19), Completed on: 2019-11-21 Her Majesty the Queen
2019-06-03 Appeal closed
2019-04-29 Transcript received, 56 pages
2019-04-25 Formal judgment sent to the registrar of the court of appeal and all parties
2019-04-25 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-04-17 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 500-10-006410-177, 2018 QCCA 197, dated February 9, 2018, was heard on April 17, 2019, and the Court on that day delivered the following judgment orally:

THE CHIEF JUSTICE — The test to be applied in this case is a two-part test as stated in Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342, and R. v. Smith, 2004 SCC 14, [2004] 1 S.C.R. 385.

The test requires the court to first determine whether the case is moot. If the matter is moot, the court may nevertheless choose to exercise its discretion to hear the case on the merits based on the factors set out in Borowski and Smith.

In this case, the majority of the Court of Appeal erred at the first stage of the test because the case is clearly not moot. The mere fact that an individual has been deported, even if he has been deported to a country with which Canada does not have an extradition treaty, does not render a case moot.

The underlying basis for the criminal proceedings has not disappeared and there remains a live controversy even if the accused’s return to Canada is unlikely.

Justice Abella, concurring on the result, is of the view that the appeal is moot, but based on the factors set out in para. 50 of Smith, thinks that the Court of Appeal should have exercised its discretion to decide the merits having heard the full argument over two days.

We would all therefore allow the appeal and remit the matter to the Quebec Court of Appeal for decision on the merits.
Allowed
2019-04-17 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court) Her Majesty the Queen
2019-04-17 Hearing of the appeal, 2019-04-17, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment rendered
2019-04-15 Supplemental document, (Book Form), Submissions further to the letter of the Registrar., Completed on: 2019-04-15 Louis Belleau
2019-04-15 Supplemental document, (Book Form), Submission further to the letter of the Registrar., Completed on: 2019-04-15 Her Majesty the Queen
2019-04-12 Notice of appearance, (Letter Form), Christian Jarry will appear before the court and will present oral arguments. Her Majesty the Queen
2019-04-12 Notice of appearance, (Letter Form), Louis Belleau and Antoine Grondin-Couture will appear before the court. Mr. Belleau will present oral arguments.
Louis Belleau
2019-04-11 Correspondence (sent by the Court) to, the appellant and amicus curiae, re: written submissions
2019-04-04 Appeal perfected for hearing
2019-03-22 Amicus curiae's book of authorities, (Book Form), Completed on: 2019-03-22 Louis Belleau
2019-03-22 Amicus curiae's factum, (Book Form), Completed on: 2019-03-22 Louis Belleau
2019-03-04 Notice of hearing sent to parties
2019-02-26 Appeal hearing scheduled, 2019-04-17, (previously tentatively scheduled for December 7, 2018)
Judgment rendered
2019-01-30 Correspondence (sent by the Court) to, the parties. Hearing date unchanged (tentatively set for April 17, 2019).
2019-01-25 Certificate of counsel (attesting to record), (Letter Form) Her Majesty the Queen
2019-01-25 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2019-01-25 Appellant's book of authorities, (Book Form), Completed on: 2019-01-25 Her Majesty the Queen
2019-01-25 Appellant's record, (Book Form), Completed on: 2019-01-25 Her Majesty the Queen
2019-01-25 Appellant's factum, (Book Form), Completed on: 2019-01-25 Her Majesty the Queen
2019-01-21 Correspondence received from, (Letter Form), the appellant, requesting the hearing date to be changed. Her Majesty the Queen
2019-01-08 Correspondence (sent by the Court) to, all the parties, from Registrar, regarding the role of the amicus curiae
2019-01-07 Order of Court appointing an amicus curiae, IT IS HEREBY ORDERED THAT:
Louis Belleau is appointed as amicus curiae in the appeal as of right to assist the Court by serving and filing a factum of no more than 40 pages and a book of authorities, if any, and by presenting oral argument at the hearing of the appeal.
Mr. Belleau shall serve and file his factum and his book of authorities, if any, within eight (8) weeks after being served with the appellant’s factum.
The reasonable fees and disbursements of Louis Belleau shall be paid, on consent, by the Attorney General of Quebec.
2018-11-16 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-11-16 Judgment on leave sent to the parties
2018-11-15 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 500-10-006410-177, 2018 QCCA 197, dated February 9, 2018, is dismissed. The motion to file an appeal factum of more than 40 pages is dismissed.
Dismissed
2018-11-15 Decision on motion to file a lengthy memorandum of argument,
See judgment on application for leave to appeal.
Dismissed
2018-10-18 Notice of change of solicitor, (Letter Form), Ms. Emily K. Moreau will now act as a Supreme Court Correspondent for the applicant (replacing Ms. Sandra Bonanno). Her Majesty the Queen
2018-09-17 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-09-17 Submission of motion to file a lengthy memorandum of argument, for consideration by the Court
2018-09-04 Certificate (on limitations to public access), (Letter Form) Marie-Hélène Giroux
2018-09-04 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-09-04 Marie-Hélène Giroux
2018-08-13 Discontinuance of motion to withdraw as solicitor, (Letter Form), Original copy filed on Aug.15/2018. Marie-Hélène Giroux
2018-08-13 Discontinuance of motion to appoint counsel, (Letter Form), original copy filed on Aug.15/2018. Marie-Hélène Giroux
2018-08-07 Order on miscellaneous motion, (BY THE CHIEF JUSTICE)
2018-08-07 Decision on miscellaneous motion, CJ, UPON APPLICATION ex parte by Marie Hélène Giroux to be appointed as amicus curiae in this case;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

1) Marie Hélène Giroux is appointed as amicus curiae for the application for leave to appeal proceeding in order to assist the Court by filing a response to the application for leave to appeal on or before September 4, 2018.

2) The applicant will be permitted to serve and file a reply to the response to the application for leave to appeal on or before September 11, 2018.

3) The reasonable fees and disbursements of Marie Hélène Giroux shall be paid, on consent, by the Attorney General of Quebec.

4) Marie Hélène Giroux no longer represents Mr. Thanabalasingham as counsel.

5) The applicant and the amicus curiae are excused from the requirement to serve the response to the application for leave to appeal and the reply on the respondent.


Granted
2018-08-07 Submission of miscellaneous motion, CJ
2018-06-01 Notice of miscellaneous motion, (Book Form), (ex parte), Completed on: 2018-06-01 Sivaloganathan Thanabalasingham
2018-05-29 Correspondence received from, (Letter Form), Gabriel Bervin. Form 24. Her Majesty the Queen
2018-05-29 Response to miscellaneous motion, (Letter Form), (ex parte), Completed on: 2018-05-29 Her Majesty the Queen
2018-05-14 Motion to appoint counsel, (Letter Form), (to appoint Marie-Hélène Giroux as amicus curiae), Completed on: 2018-05-14 Sivaloganathan Thanabalasingham
2018-05-10 Response to motion to appoint counsel, (Letter Form), Completed on: 2018-05-10 Her Majesty the Queen
2018-04-30 Response to motion to withdraw as solicitor, (Letter Form), from Christian Jarry and Maude Payette, dated April 27, 2018, Completed on: 2018-04-30 Her Majesty the Queen
2018-04-26 Motion to withdraw as solicitor, (Letter Form), Completed on: 2018-04-26 Sivaloganathan Thanabalasingham
2018-03-28 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right), Filing deadlines not included in letter. Filing deadlines will be sent after a judgment on the application for leave to appeal is rendered.
2018-03-20 Order on motion to extend time to serve and/or file notice of appeal, (BY THE REGISTRAR - Roger Bilodeau, Q.C.)
2018-03-20 Decision on motion to extend time to serve and/or file notice of appeal, Reg, UPON APPLICATION by the appellant to join the appeal as of right to the appeal by leave and, if leave is granted, to extend the time limit for filing the appellant’s documents in the appeal as of right to coincide with the time limit in the appeal by leave, if applicable;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is allowed.
The appeal as of right is joined to the appeal by leave and is subject to the time limits for the appeal by leave;
The time limit for filing the appellant’s factum, record and book of authorities in the appeal as of right is extended to coincide with the time limit for filing those documents in the appeal by leave, if applicable; and
The appellant is given leave to file the above mentioned documents within eight weeks after the Court’s decision on the leave application, if leave is denied, or within eight weeks after the filing of the notice of appeal for the appeal by leave, if leave is granted.
Without costs.
Granted, without costs
2018-03-20 Submission of motion to extend time to serve and/or file notice of appeal submitted, Reg
2018-03-13 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED MARCH 13, 2018.
2018-03-08 Motion to extend the time to serve and/or file the notice of appeal, (Letter Form), Motion to join an appeal as of right and an application for leave to appeal and motion to extend the time for filing the appellant's appeal documents. , Completed on: 2018-03-12 Her Majesty the Queen
2018-03-08 Motion to file a lengthy memorandum of argument, (Letter Form), Completed on: 2018-03-12 Her Majesty the Queen
2018-03-08 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2018-03-08 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2018-03-08 Notice of appeal, (Letter Form), Completed on: 2018-03-09 Her Majesty the Queen
2018-03-08 Application for leave to appeal, (Book Form), Completed on: 2018-03-09 Her Majesty the Queen