Case information
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31257
R.D. v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-01-11 | Appeal closed | |
| 2006-11-27 | Transcript received, (26 pages) | |
| 2006-11-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-11-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-11-16 |
Judgment on the appeal rendered, Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Quebec), Number 200-10-001573-034, dated December 5, 2005, was heard this day and the following judgment was rendered: [traduction] Binnie J. (orally) — The appellant appeals from a judgment of the Court of Appeal that set aside her acquittal on the charges laid against her. After reviewing the record and hearing the submissions, the Court allows the appeal for the reasons given by Dutil J.A., in dissent, and restores the acquittal. Allowed |
|
| 2006-11-16 | Acknowledgement and consent for video taping of proceedings, One party did not consent | |
| 2006-11-16 | Appellant's condensed book, 14 copies - distributed in Court. | R.D. |
| 2006-11-16 |
Hearing of the appeal, 2006-11-16, Bi LeB De F Abe Cha Ro Judgment rendered |
|
| 2006-10-26 | Notice of appearance, Jacques Mercier and Joanne Tourville will be present at the hearing. | Her Majesty the Queen |
| 2006-10-12 | Notice of appearance, Jacques Lacoursière and Guy Lebrun will be present at the hearing. | R.D. |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 |
Appeal hearing scheduled, 2006-11-16, (Previously June 22/06, Oct. 13 and 19/06) Judgment rendered |
|
| 2006-05-10 | Correspondence received from, (Stenographique notes of the publication ban) | Her Majesty the Queen |
| 2006-05-01 | Appeal perfected for hearing | |
| 2006-04-28 | Respondent's book of authorities, Service to follow - Rec'd on May 3, 2006, Completed on: 2006-05-03 | Her Majesty the Queen |
| 2006-04-28 | Respondent's factum, Service to follow - Rec'd May 3, 2006, Completed on: 2006-05-03 | Her Majesty the Queen |
| 2006-03-06 | Appellant's record, Vol I to 9 + 1 vol. part I and II, Completed on: 2006-03-06 | R.D. |
| 2006-03-06 | Appellant's book of authorities, Completed on: 2006-03-06 | R.D. |
| 2006-03-06 | Appellant's factum, Completed on: 2006-03-06 | R.D. |
| 2006-02-06 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2005-12-22 | Notice of appeal, (3 copies), Completed on: 2005-12-22 | R.D. |
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 |
|---|---|---|
| R.D. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: R.D.
Counsel
1185, rue Hart
Trois-Rivières, Quebec
G9A 4S4
Telephone: (819) 374-6239
FAX: (819) 374-4488
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
Joanne Tourville
850, rue Hart, #132
Trois-Rivière, Quebec
G9A 1T9
Telephone: (819) 372-4151
FAX: (819) 374-6957
Email: jmercier@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.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.
The Appellant and Mr. G. married in 1972 and had three daughters, C.G., A.G. and F.G. In 1995, C.G. told her mother that her father had committed incest against her. F.G. also revealed that she had been sexually assaulted by her father.
On September 12, 2002, Mr. G pleaded guilty to charges of incest, buggery and sexual assault against C.G. and gross indecency, sexual touching and assault against his three daughters. On November 21, 2001, Mr. G was sentenced to nine years in prison.
R.D. was charged with contravening ss. 219 and 221 Cr.C. and ss. 38(g) and 39 of the Youth Protection Act, R.S.Q., c. P-34.1. She was charged with causing bodily harm to her three daughters by criminal negligence. The charges read as follows:
[translation] 1. Between March 22, 1975 and March 22, 1996 at Trois-Rivières Ouest, district of Trois-Rivières, did by criminal negligence cause bodily harm to C.G. by failing to report to the director of youth protection that the security or development of this child was in danger, thereby committing the indictable offence provided for in section 221 of the Criminal Code.
2. Between September 6, 1979 and September 6, 1993, at Trois-Rivières Ouest, district of Trois-Rivières, did by criminal negligence cause bodily harm to A.G. by failing to report to the director of youth protection that the security or development of this child was in danger, thereby committing the indictable offence provided for in section 221 of the Criminal Code.
3. Between May 16, 1981 and May 16, 1995, at Trois-Rivières Ouest, district of Trois-Rivières, did by criminal negligence cause bodily harm to F.G. by failing to report to the director of youth protection that the security or development of this child was in danger, thereby committing the indictable offence provided for in section 221 of the Criminal Code.
R.D. was found not guilty of causing bodily harm by criminal negligence. The appeal was allowed; the verdict of acquittal was set aside.
Lower court rulings
Court of Quebec
400-01-029088-028
see file
Court of Appeal of Quebec (Québec)
200-10-001573-034
See file.
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