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29201

Her Majesty the Queen v. Étienne Bédard

(Quebec) (Criminal) (By Leave)

(Publication ban in case)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
2003-12-16 Record returned to the Registrar of the Court of Appeal
2003-10-20 Appeal closed
2003-10-09 Judgment on appeal and notice of deposit of judgment sent to all parties
2003-10-07 Acknowledgement and consent for video taping of proceedings, all parties have consented
2003-10-07 Judgment on the appeal rendered, Ia Ma Bi Arb LeB De F, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-001094-007, dated March 5, 2002, was heard this day and the following judgment was rendered:
[Translation]
LeBel J. (orally) -- Having examined the appeal record and the arguments made by the parties, the Court is unanimously of the view that the appeal should be dismissed. However, it is not necessary to deal with all the questions of law raised in this appeal. Nonetheless, with respect to the question of the need for expert evidence concerning the change in behaviour of the child the prosecution alleges was assaulted by the respondent, it appears that the Quebec Court of Appeal never intended to impose a rule of law requiring such evidence in all circumstances. It is sufficient to note that the nature of the evidence presented in the Court of Québec justifies the conclusion that can be drawn from the Quebec Court of Appeal's decision that the verdict of guilty handed down by the trial judge was unreasonable. Although admissible, the evidence presented in support of the prosecution could not support a finding that the accused was guilty, on the standard of proof beyond a reasonable doubt.
Dismissed
2003-10-07 Hearing of the appeal, 2003-10-07, Ia Ma Bi Arb LeB De F
Judgment rendered
2003-09-23 Notice of appearance, from Noël et Ass. Her Majesty the Queen
2003-09-02 Notice of appearance, of the Respondent rec'd Sept. 2/03 Étienne Bédard
2003-08-29 Notice of hearing sent to parties
2003-08-28 Appeal hearing scheduled, 2003-10-07, (previously 10-09-03)
Judgment rendered
2003-06-20 Order by, LeB, À LA SUITE D'UNE DEMANDE du Procureur général de l'Ontario visant à obtenir l'autorisation d'intervenir dans l'appel susmentionné et suite à l'ordonnance du 16 avril 2003;

IL EST EN OUTRE ORDONNÉ que la plaidoirie de l'intervenant soit ainsi limitée à quinze (15) minutes.

Granted
2003-06-16 Correspondence received from, T. Shaw re: conflict with tentative hearing date Attorney General for Ontario
2003-06-11 Book of authorities, Completed on: 2003-06-11 Attorney General for Ontario
2003-06-11 Intervener's factum, Completed on: 2003-06-11 Attorney General for Ontario
2003-04-25 Appeal perfected for hearing
2003-04-22 Respondent's book of authorities, Completed on: 2003-04-25 Étienne Bédard
2003-04-22 Respondent's factum, Completed on: 2003-04-25 Étienne Bédard
2003-04-22 Notice of change of counsel, from Stéphane Poulin of the law firm of Guy Bertrand & Associés to Stéphane Poulin of Bertrand, Poulin, Avocats Étienne Bédard
2003-04-16 Order on motion for leave to intervene, (BY LEBEL J.)
2003-04-16 Decision on the motion for leave to intervene, LeB, The motion for leave to intervene of the applicant, the Attorney General of Ontario, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length.
The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener.
The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record
of the parties.
Pursuant to Rule 59 (1)(a) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention.
Granted
2003-04-16 Submission of motion for leave to intervene, LeB
2003-04-15 Response to the motion for leave to intervene, (Letter Form), from S. Roussel dated April 15, 2003 (fax copy), Completed on: 2003-04-15 Her Majesty the Queen
2003-04-10 Response to the motion for leave to intervene, (Letter Form), S. Poulin dated April 10, 2003 (fax copy), Completed on: 2003-04-10 Étienne Bédard
2003-03-31 Motion for leave to intervene, Completed on: 2003-03-31 Attorney General for Ontario
2003-03-03 Appellant's record, 24 copies of parts I and II and 12 copies of parts III and IV, Completed on: 2003-03-03 Her Majesty the Queen
2003-03-03 Appellant's book of authorities, Completed on: 2003-05-08 Her Majesty the Queen
2003-03-03 Appellant's factum, Completed on: 2003-03-03 Her Majesty the Queen
2003-01-27 Correspondence received from, Bergeron, Gaudreau re: acts for Ottawa agent Étienne Bédard
2002-12-10 Notice of appeal, (service to C.A. on Dec. 4, 2002), Completed on: 2002-12-10 Her Majesty the Queen
2002-12-09 Appeal court record, (1 enveloppe rembourrée - joint avec dossier de première instance / 1 padded envelope - joint with Trial Court Record)
2002-11-20 Correspondence (sent by the Court) to, toutes les parties; objet: calendrier des dépôts / date d'audition prévisionnelle (9 oct. 03)
2002-11-15 Judgment on leave sent to the parties
2002-11-14 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 (Quebec), Number 200-10-001094-007, dated March 5, 2002, is granted.
Granted
2002-10-07 All materials on application for leave submitted to the Judges, Ia Bi LeB
2002-06-05 Respondent's response on the application for leave to appeal, Completed on: 2002-06-05 Étienne Bédard
2002-05-27 Letter acknowledging receipt of a complete application for leave to appeal
2002-05-06 Application for leave to appeal, Completed on: 2002-05-06 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

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Bédard, Étienne Respondent Active

Other parties

Other parties
Name Role Status
Attorney General for Ontario Intervener Active

Counsel

Party: Her Majesty the Queen

Counsel
Names
Sébastien Bergeron-Guyard
Nadine Dubois
Contact information
Procureur général du Québec
300, boul. Jean Lesage, bureau 2.55
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3500
FAX: (418) 646-4919
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397

Party: Bédard, Étienne

Counsel
Name
Stéphane Poulin
Contact information
Bertrand, Poulin
Édifice Le St-Laurent
250, Grande Allée Ouest, #002
Québec, Quebec
G1R 2H4
Telephone: (418) 523-5555
FAX: (418) 523-5666
Email: avocats@bertrandpoulin.com
Agent
Name
Richard Gaudreau
Contact information
Bergeron, Gaudreau, Laporte
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com

Party: Attorney General for Ontario

Counsel
Name
Trevor Shaw
Contact information
Attorney General of Ontario
720 Bay Street
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4204
FAX: (416) 326-4656
Agent
Name
Robert E. Houston, Q.C.
Contact information
Burke-Robertson
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Summary

Keywords

None.

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.

None.

Lower court rulings

August 30, 2000
Court of Quebec

200-01-048657-997

Intimé déclaré coupable d'avoir touché, à des fins sexuelles, un enfant de moins de 14 ans contrairement à l'art. 151 du Code criminel; arrêt conditionnel sur deux autres chefs d'accusation

March 5, 2002
Court of Appeal of Quebec (Québec)

200-10-001094-007

Appel accueilli; intimé acquitté des trois chefs d'accusation

Filed documents

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 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 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

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

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

Not available

Webcasts

Not available.

Date modified: 2025-05-13