Case information
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35626
Her Majesty the Queen v. Jeffrey St-Cloud
(Quebec) (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) |
|---|---|---|
| 2017-05-31 | Correspondence received from, (Letter Form), Emily K. Moreau (by email). There is no publication ban on this case anymore. , (Electronic version filed on 2017-05-31) | Her Majesty the Queen |
| 2015-05-28 | Appeal closed | |
| 2015-05-19 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-05-19 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-05-15 |
Judgment on the appeal rendered, CJ Abe Ro Mo Ka Wa Ga, The appeal from the judgment of the Superior Court of Quebec, Number 500-36-006839-131, 2013 QCCS 5021, dated September 26, 2013, heard on November 6, 2014, is allowed. The detention order is restored. Allowed |
|
| 2015-05-01 | Correspondence received from, Me Guylaine Tardif by email, re: confirmation of publication ban | Jeffrey St-Cloud |
| 2015-05-01 | Correspondence received from, Me Christian Jarry by email, re: publication ban | Her Majesty the Queen |
| 2014-11-17 | Transcript received, 116 pages | |
| 2014-11-06 | Judgment reserved OR rendered with reasons to follow | |
| 2014-11-06 |
Hearing of the appeal, 2014-11-06, CJ Abe Ro Mo Ka Wa Ga Judgment reserved |
|
| 2014-11-06 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Ontario |
| 2014-11-06 | Respondent's condensed book, (Book Form), filed in Court | Jeffrey St-Cloud |
| 2014-11-06 | Appellant's condensed book, (Book Form), filed in Court | Her Majesty the Queen |
| 2014-11-06 | General proceeding, Questionnaire Following the Hearing of Case Involving a Publication Ban | Jeffrey St-Cloud |
| 2014-11-06 | General proceeding, Questionnaire Following the Hearing of Case Involving a Publication Ban | Her Majesty the Queen |
| 2014-10-31 | Notice of appearance, John Norris and Christine Mainville will be present at the hearing. | Criminal Lawyers' Association (Ontario) |
| 2014-10-29 | Notice of appearance, Anil Kapoor and Lindsay Daviau will be present at the hearing | Canadian Civil Liberties Association |
| 2014-10-29 | Notice of appearance, Robert E. Gattrell and Avene Derwa will be present at the hearing | Attorney General of Ontario |
| 2014-10-28 | Notice of appearance, André Lapointe and Guylaine Tardif will be present at the hearing | Jeffrey St-Cloud |
| 2014-10-24 |
Order by, Ro, FURTHER TO THE ORDER dated July 18, 2014, granting leave to intervene to the Attorney General of Ontario, the Criminal Lawyers’ Association (Ontario) and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the said three (3) interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2014-10-14 | Notice of appearance, Christian Jarry and Geneviève Langlois will be present at the hearing. | Her Majesty the Queen |
| 2014-09-24 | Appeal perfected for hearing | |
| 2014-09-12 | Intervener's book of authorities, Completed on: 2014-09-12 | Criminal Lawyers' Association (Ontario) |
| 2014-09-12 | Intervener's factum, Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) | Criminal Lawyers' Association (Ontario) |
| 2014-09-12 | Intervener's book of authorities, Completed on: 2014-09-12 | Canadian Civil Liberties Association |
| 2014-09-12 | Intervener's factum, Completed on: 2014-09-12, (Electronic version filed on 2014-09-12) | Canadian Civil Liberties Association |
| 2014-09-12 | Intervener's book of authorities, Completed on: 2014-09-12 | Attorney General of Ontario |
| 2014-09-12 | Intervener's factum, Completed on: 2014-09-12 | Attorney General of Ontario |
| 2014-09-11 | Notice of appearance, John Norris and Christine Mainville will be present at the hearing. | Criminal Lawyers' Association (Ontario) |
| 2014-09-08 | Notice of hearing sent to parties | |
| 2014-09-05 |
Appeal hearing scheduled, 2014-11-06, (previously tentatively scheduled for November 7, 2014) Judgment reserved |
|
| 2014-07-22 | Certificate of counsel (attesting to record) | Jeffrey St-Cloud |
| 2014-07-22 | Respondent's book of authorities, (Book Form), Completed on: 2014-07-22, (Electronic version filed on 2014-07-23) | Jeffrey St-Cloud |
| 2014-07-22 | Respondent's record, (Book Form), Completed on: 2014-07-22, (Electronic version filed on 2014-07-23) | Jeffrey St-Cloud |
| 2014-07-22 | Respondent's factum, (Book Form), service to come - rec'd July 24, 2014, Completed on: 2014-07-24, (Electronic version filed on 2014-07-23) | Jeffrey St-Cloud |
| 2014-07-18 | Order on motion for leave to intervene, (by ROTHSTEIN J.) | |
| 2014-07-18 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Ontario, the Criminal Lawyers’ Association (Ontario) and the Canadian Civil Liberties Association 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 of the Attorney General of Ontario, the Criminal Lawyers’ Association (Ontario) and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before September 12, 2014. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The 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 shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. Granted |
|
| 2014-07-18 | Submission of motion for leave to intervene, Ro | |
| 2014-07-03 | Response to the motion for leave to intervene, (Letter Form), of the CLA, Completed on: 2014-07-03, (Electronic version filed on 2014-07-03) | Jeffrey St-Cloud |
| 2014-07-03 | Response to the motion for leave to intervene, (Letter Form), of the AGON, Completed on: 2014-07-03, (Electronic version filed on 2014-07-03) | Jeffrey St-Cloud |
| 2014-07-03 | Response to the motion for leave to intervene, (Letter Form), of the CCLA, Completed on: 2014-07-03, (Electronic version filed on 2014-07-03) | Jeffrey St-Cloud |
| 2014-06-30 | Response to the motion for leave to intervene, (Letter Form), for CLA dated 2014-06-27, Completed on: 2014-06-30, (Printed version filed on 2014-07-03) | Her Majesty the Queen |
| 2014-06-30 | Response to the motion for leave to intervene, (Letter Form), for CCLA dated 2014-06-27, Completed on: 2014-06-30, (Printed version filed on 2014-07-03) | Her Majesty the Queen |
| 2014-06-30 | Response to the motion for leave to intervene, (Letter Form), of the AGON dated 2014-06-27, Completed on: 2014-06-30, (Printed version filed on 2014-07-03) | Her Majesty the Queen |
| 2014-06-27 | Reply to the motion for leave to intervene, (Letter Form), c.c. to all parties, Completed on: 2014-06-27, (Electronic version filed on 2014-06-27) | Canadian Civil Liberties Association |
| 2014-06-24 | Motion for leave to intervene, (Letter Form), Completed on: 2014-06-24, (Printed version filed on 2014-06-26) | Canadian Civil Liberties Association |
| 2014-06-24 | Motion for leave to intervene, Completed on: 2014-06-24, (Printed version filed on 2014-06-25) | Attorney General of Ontario |
| 2014-06-24 | Motion for leave to intervene, Completed on: 2014-06-24, (Printed version filed on 2014-06-24) | Criminal Lawyers' Association (Ontario) |
| 2014-05-27 | Certificate of counsel (attesting to record) | Her Majesty the Queen |
| 2014-05-27 | Appellant's book of authorities, (5 volumes), Completed on: 2014-05-27 | Her Majesty the Queen |
| 2014-05-27 | Appellant's record, (4 volumes), Completed on: 2014-05-27 | Her Majesty the Queen |
| 2014-05-27 | Appellant's factum, Completed on: 2014-05-27 | Her Majesty the Queen |
| 2014-04-22 | Correspondence received from, Guylaine Tardif by e-mail, re: coordinates of their agent | Jeffrey St-Cloud |
| 2014-03-05 | Notice of appeal, Completed on: 2014-03-05 | Her Majesty the Queen |
| 2014-02-28 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-02-28 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-02-28 | Judgment on leave sent to the parties | |
| 2014-02-27 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Superior Court of Quebec, Number 500-36-006839-131, 2013 QCCS 5021, dated September 26, 2013, is granted without costs. Granted, without costs |
|
| 2014-01-27 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2013-12-20 | Respondent's response on the application for leave to appeal, (Book Form), Service missing (rec'd 2014-01-08), Completed on: 2014-01-10 | Jeffrey St-Cloud |
| 2013-11-25 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-11-21 | Application for leave to appeal, (Book Form), 3 volumes, Completed on: 2013-11-21 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| St-Cloud, Jeffrey | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Geneviève Langlois
1 Notre-Dame Est
Bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52050
FAX: (514) 873-9895
Email: christian.jarry@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca
Party: St-Cloud, Jeffrey
Counsel
Guylaine Tardif
#A-06
Montréal, Quebec
H2Y 3T3
Telephone: (514) 288-6070
FAX: (514) 840-0177
Email: me.andre.lapointe@sympatico.ca
Agent
Gatineau, Quebec
J8V 1X7
Telephone: (819) 775-2413
FAX: (819) 503-9216
Email: louislegault@live.ca
Party: Criminal Lawyers' Association (Ontario)
Counsel
Christine Mainville
100-116 Simcoe Street
Toronto, Ontario
M5H 4E2
Telephone: (416) 596-2960
FAX: (416) 596-2598
Email: john.norris@simcoechambers.com
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 Ontario
Counsel
Avene Derwa
Crown Law Office Criminal
720 Bay St., 10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4945
FAX: (416) 326-4656
Email: robert.gattrell@ontario.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
Lindsay Daviau
235 King Street East
2nd Floor
Toronto, Ontario
M5A 1J9
Telephone: (416) 363-2700
FAX: (416) 363-2787
Email: akk@kapoorbarristers.com
Summary
Keywords
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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.
Criminal law - Judicial interim release - Standard of review - Justification for detention in custody - Standard of review applicable to review of interim release decision under s. 520 of Criminal Code, R.S.C. 1985, c. C-46, and, more specifically, whether Superior Court judge erred in exercising role as reviewing judge by simply substituting his assessment of evidence for that of justices - Proper interpretation of s. 515(10)(c) of Criminal Code and whether Superior Court judge erred in unduly restricting its scope.
The respondent was charged with aggravated assault committed against a Montréal bus driver in April 2013. The recording from two cameras in the bus clearly showed that the respondent was an active participant in the assault. Applying s. 515(10)(c) of the Criminal Code, two justices found that the respondent’s detention was necessary to maintain confidence in the administration of justice. On review under s. 520 of the Criminal Code, the Superior Court found that the case law required s. 515(10)(c) to be used sparingly and that the trial judges had erred in applying it in this case. The Superior Court explained that the respondent’s behaviour was appalling but that his detention could not be justified under s. 515(10)(c).
Lower court rulings
Superior Court of Quebec
2013 QCCS 5021, 500-36-006839-131
Motion for review under s. 520 of Criminal Code allowed
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.
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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.
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