Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41216
Éric Pelletier v. His Majesty the King
(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) |
|---|---|---|
| 2024-09-27 | Close file on Leave | |
| 2024-09-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-09-19 | Judgment on leave sent to the parties | |
| 2024-09-19 |
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 (Québec), Number 200-10-003985-228, 2024 QCCA 183, dated February 13, 2024, is dismissed. Dismissed |
|
| 2024-08-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-05-09 |
Certificate (on limitations to public access), (Letter Form), 23A; Amended Certificate required (Rec'd 2024-06-17), (Printed version filed on 2024-06-19) |
His Majesty the King |
| 2024-05-09 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-05-14, (Printed version filed on 2024-05-10) | His Majesty the King |
| 2024-04-12 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2024-04-12; | |
| 2024-04-11 | Certificate (on limitations to public access), (Letter Form), 23B;, (Printed version filed on 2024-04-12) | Éric Pelletier |
| 2024-04-11 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-04-12) | Éric Pelletier |
| 2024-04-11 |
Application for leave to appeal, (Book Form), Missing: -Filing fees; (Rec'd 2024-04-12) - Amended notice of application (Rec'd 2024-07-15), Completed on: 2024-07-15, (Printed version filed on 2024-04-12) |
Éric Pelletier |
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 |
|---|---|---|
| Pelletier, Éric | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Pelletier, Éric
Counsel
400, boul. Jean-Lesage
Bureau 335
Québec, Quebec
G1K 8W1
Telephone: (418) 643-4163
FAX: (418) 643-4712
Email: cedric.bernier@ccjq.qc.ca
Party: His Majesty the King
Counsel
300, boul. Jean-Lesage
bureau 2.55
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3500 Ext: 42210
FAX: (418) 646-4919
Email: regis.boisvert@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Offences — Elements of offence — Breach of prohibition order — Whether Court of Appeal erred in law in holding that trial judge had not been wrong to find that applicant had attended “public park” where children could reasonably be expected to be present within meaning of s. 161 of Criminal Code — Whether Court of Appeal erred in interpreting and applying s. 161(1)(a) of Criminal Code — Criminal Code, R.S.C. 1985, c. C 46, s. 161(1)(a).
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.
The applicant was bound by an order under s. 161(1)(a) of the Criminal Code that prohibited him from attending a public park where persons under the age of 14 years could reasonably be expected to be present. Police officers found him in a municipal park, and he was arrested for breaching his order. The only issue was whether the park was a “public park” within the meaning of the statute.
The trial judge ruled that the park in which the police officers had found the applicant was a “public park” where persons under the age of 14 years could reasonably be expected to be present. The applicant was therefore convicted. The summary conviction appeal judge dismissed his appeal, finding that the trial judge had not made any palpable and overriding error. The Court of Appeal held that the summary conviction appeal judge had applied the wrong standard for intervention but that the trial judge had not erred in convicting the applicant.
Lower court rulings
Superior Court of Quebec
200-36-003043-213
Summary conviction appeal dismissed
Appeal dismissed
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.
Downloadable PDFs
Not available
Related links
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.
Downloadable PDFs
Not available