Docket

38258

Kathleen Blanchard v. Her Majesty the Queen

(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)
2019-04-18 Appeal closed
2019-02-22 Transcript received, 91 pages
2019-02-14 Formal judgment sent to the registrar of the court of appeal and all parties
2019-02-14 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-02-13 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 500-10-006240-160, 2018 QCCA 1069, dated June 27, 2018, was heard on February 13, 2019, and the Court on that day delivered the following judgment orally:

BROWN J. — We would allow the appeal. At trial and during oral argument at the Court of Appeal, the Crown conceded the availability of the defence of extreme intoxication akin to automatism, to a charge of failing to provide a breath sample. In light of this, and in our respectful view, the majority at the Court of Appeal erred in raising and deciding the availability of that defence. Having regard to the Crown’s concession, we are not persuaded that the trial judge erred in law in his understanding or application of the defence of automatism. In these unusual circumstances, it would not be in the interests of justice to overturn this acquittal, and we therefore restore it. In doing so, however, we expressly refrain from deciding the availability of this defence in the absence of an adequate record on the constitutional issues, full submissions and notice to the proper parties.
Allowed
2019-02-13 Hearing of the appeal, 2019-02-13, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment rendered
2019-02-12 Respondent's condensed book, (Book Form) Her Majesty the Queen
2019-02-12 Appellant's condensed book, (Book Form) Kathleen Blanchard
2019-02-07 Notice of appearance, (Letter Form), Guiseppe Battista, Ad. E. will be present at the hearing and will present oral arguments. Kathleen Blanchard
2019-02-04 Notice of appearance, (Letter Form), Maxime Hébrard and Kevin Mailhiot will be present at the hearing. Mr. Hébrard will present oral arguments. Her Majesty the Queen
2019-01-25 Order on motion to extend time, by KARAKATSANIS J.
2019-01-25 Decision on motion to extend time, Ka,
UPON APPLICATION by the respondent for an order extending the time within which to file her factum and book of authorities to December 13, 2018, and for permission to present oral argument at the hearing of the appeal pursuant to Rule 71(3) of the Rules of the Supreme Court of Canada;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted, no order as to costs
2019-01-25 Submission of motion to extend time, Ka
2019-01-09 Appeal perfected for hearing
2018-12-14 Motion to extend time, (Letter Form), to file the respondent's factum., Completed on: 2018-12-14 Her Majesty the Queen
2018-12-13 Certificate (on limitations to public access) Her Majesty the Queen
2018-12-13 Respondent's book of authorities, (Book Form), Completed on: 2018-12-13 Her Majesty the Queen
2018-12-13 Respondent's factum, (Book Form), late-motion required (received 2018-12-14), Completed on: 2019-01-21 Her Majesty the Queen
2018-12-07 Notice of hearing sent to parties
2018-12-06 Appeal hearing scheduled, 2019-02-13
Judgment rendered
2018-10-18 Certificate of counsel (attesting to record), (Letter Form) Kathleen Blanchard
2018-10-18 Appellant's book of authorities, (Book Form), Completed on: 2018-10-18 Kathleen Blanchard
2018-10-18 Appellant's record, (Book Form), (2 volumes), Completed on: 2018-10-18 Kathleen Blanchard
2018-10-18 Appellant's factum, (Book Form), Completed on: 2018-10-18 Kathleen Blanchard
2018-08-30 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2018-08-29 Letter acknowledging receipt of a notice of appeal, FILE OPENED: 29/08/2018
2018-08-23 Certificate (on limitations to public access), (Letter Form), Form 23A Kathleen Blanchard
2018-08-23 Notice of appeal, (Book Form), Completed on: 2018-08-29 Kathleen Blanchard