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.
30948
Jacques Déry v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-11-24 | Appeal closed | |
| 2006-11-24 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-11-24 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-11-23 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Quebec), Number 200-10-001379-028, dated May 4, 2005, heard on February 16, 2006, is allowed. The convictions are set aside and acquittals are entered instead. Allowed |
|
| 2006-10-26 | Correspondence received from, Me Philippe Larochelle re: chnage of address | Jacques Déry |
| 2006-03-03 | Transcript received, (60 pages) | |
| 2006-02-16 | Judgment reserved OR rendered with reasons to follow | |
| 2006-02-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-02-16 |
Hearing of the appeal, 2006-02-16, CJ Bi LeB De F Abe Cha Judgment reserved |
|
| 2006-02-03 | Notice of appearance, Christopher A. Wayland and Kristian Brabander will be appearing. | Canadian Civil Liberties Association |
| 2006-02-02 | Notice of appearance, François Lacasse will be appearing. | Attorney General of Canada |
| 2006-02-02 |
Order by, Ba, FURTHER TO THE ORDER of Bastarache J. dated January 6, 2006, granting leave to intervene to the Attorney General of Canada and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-01-30 | Notice of appearance, Nicolas Poulin will be appearing. | Her Majesty the Queen |
| 2006-01-27 | Book of authorities, Vol. I & II, Completed on: 2006-01-27 | Canadian Civil Liberties Association |
| 2006-01-27 | Intervener's factum, Completed on: 2006-01-27 | Canadian Civil Liberties Association |
| 2006-01-27 | Book of authorities, Completed on: 2006-01-27 | Attorney General of Canada |
| 2006-01-27 | Intervener's factum, Completed on: 2006-01-27 | Attorney General of Canada |
| 2006-01-16 | Notice of appearance, Philippe Larochelle will be appearing. | Jacques Déry |
| 2006-01-10 | Respondent's factum, (Service on the Appellant rec'd Jan. 12/06)) - CD rec'd Jan. 31/06, Completed on: 2006-01-31 | Her Majesty the Queen |
| 2006-01-10 | Appeal perfected for hearing | |
| 2006-01-06 | Correspondence (sent by the Court) to, interveners (cc. all parties); re: letter on intervention | |
| 2006-01-06 | Order on motion for leave to intervene, (BY BASTARACHE J.) | |
| 2006-01-06 |
Decision on the motion for leave to intervene, Ba, The motion for leave to intervene of the applicant, the Attorney General of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before January 27, 2006. The motion for leave to intervene of the applicant, the Canadian Civil Liberties Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before January 27, 2006. The motion for leave to intervene of the applicant, the Attorney General of Ontario, is dismissed. 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 shall not be 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. Allowed in part |
|
| 2006-01-06 | Submission of motion for leave to intervene, Ba | |
| 2005-12-20 | Reply to the motion for leave to intervene, (Letter Form), R. Frater dated Dec. 19/05 (by fax), Completed on: 2005-12-20 | Attorney General of Canada |
| 2005-12-16 | Response to the motion for leave to intervene, (Letter Form), from P. Larochelle to A. G. of Canada and A. G. of Ontario's interventions (by fax), Completed on: 2005-12-16 | Jacques Déry |
| 2005-12-15 | Response to the motion for leave to intervene, (Letter Form), from S. E. Roussel to the A. G. of Canada's intervention (by fax), Completed on: 2005-12-15 | Her Majesty the Queen |
| 2005-12-15 | Response to the motion for leave to intervene, (Letter Form), from S. Roussel dated December 15, 2005 (fax copy) re: intervention by A.G. Ontario, Completed on: 2005-12-15 | Her Majesty the Queen |
| 2005-12-15 | Response to the motion for leave to intervene, (Letter Form), from S. Roussel dated December 15, 2005 (fax copy) re: intervention by Canadian Civil Liberties, Completed on: 2005-12-15 | Her Majesty the Queen |
| 2005-12-14 | Response to the motion for leave to intervene, (tab 2c), Completed on: 2005-12-14 | Jacques Déry |
| 2005-12-14 | Motion for leave to intervene, (bookform), Completed on: 2005-12-14 | Canadian Civil Liberties Association |
| 2005-12-12 | Motion for leave to intervene, Completed on: 2005-12-12 | Attorney General of Canada |
| 2005-12-09 | Notice of hearing sent to parties | |
| 2005-12-08 |
Appeal hearing scheduled, 2006-02-16, previously Jan. 20/06 Judgment reserved |
|
| 2005-12-01 | Motion for leave to intervene, Completed on: 2005-12-01 | Attorney General of Ontario |
| 2005-11-15 | Appellant's record, (Vol. I to IV) Service rec'd Nov. 16/05, Completed on: 2005-11-16 | Jacques Déry |
| 2005-11-15 | Appellant's book of authorities, (Service rec'd Nov. 16/05), Completed on: 2005-11-16 | Jacques Déry |
| 2005-11-15 | Appellant's factum, (service rec'd Nov. 16/05 - New CD rec'd Dec. 19/05), Completed on: 2005-11-16 | Jacques Déry |
| 2005-10-19 | Order on motion to extend time | |
| 2005-10-19 |
Decision on motion to extend time, to serve and file the apppellant's record, factum and authorities to Nov. 18/05, Reg Granted |
|
| 2005-10-19 | Submission of motion to extend time, Reg | |
| 2005-10-07 | Motion to extend time, to serve and file the record, factum and book of authorities one month after the decision of this motion, Completed on: 2005-10-07 | Jacques Déry |
| 2005-10-07 | Notice of change of counsel, Philippe Larochelle will be replacing Guy Quirion | Jacques Déry |
| 2005-06-13 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2005-05-24 | Notice of appeal, Completed on: 2005-05-25 | Jacques Déry |
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 |
|---|---|---|
| Déry, Jacques | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Civil Liberties Association | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Déry, Jacques
Counsel
1981, avenue McGill College
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4264
FAX: (514) 528-5674
Email: plarochelle@ogilvyrenault.com
Agent
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: Her Majesty the Queen
Counsel
300, boul. Jean-Lesage, #2.55
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3500
FAX: (418) 646-4919
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Canadian Civil Liberties Association
Counsel
Kristian Brabander
Suite 4700, TD Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-8109
FAX: (416) 868-0673
Email: cwayland@mccarthy.ca
Agent
1400 - 40 Elgin Street
Ottawa, Ontario
K1P 5K6
Telephone: (613) 238-2000
FAX: (613) 563-9386
Email: cbaxter@mccarthy.ca
Party: Attorney General of Canada
Counsel
284 Wellington Street
Bureau 2299
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@dpp.gc.ca
Agent
Bank of Canada Building
234 Wellington Street, Room 1161
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
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.
Criminal law - Conspiracy - Attempted conspiracy - Elements of offence - Ss. 24 and 465 Cr. C. - Whether offence of attempted conspiracy exists in Canadian law.
In discussions that took place in the course of a police investigation, Daniel Savard, Denis Savard and Jacques Déry talked about possibly committing theft. More specifically, they discussed the possibility of commandeering trailers containing alcoholic beverages belonging to the Société des alcools du Québec. They also discussed the amount of the advance that would have to paid to Jacques Déry to do the work. Nothing was done.
Daniel Savard was arrested and charged with conspiracy to possess the proceeds of theft. Jacques Déry was charged with conspiracy to commit theft of property the value of which exceeded $5,000.
The Court of Québec acquitted the accused of conspiracy given that there was a doubt as to whether the offence of conspiracy had in fact been committed. However, it considered that their actions were more than preparatory and therefore found them guilty of attempted conspiracy. The appeal was dismissed, Forget J.A. dissenting.
Lower court rulings
Court of Quebec
200-01-068524-010
Appelant déclaré coupable de tentative de commettre des complots
Court of Appeal of Quebec (Québec)
200-10-001379-028
Appel rejeté
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
Related links
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
Related links
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