Case information
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32091
Feng Jin v. Her Majesty the Queen
(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) |
|---|---|---|
| 2008-05-05 | Appeal closed | |
| 2008-05-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-05-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-05-01 |
Judgment on the appeal rendered, CJ Ba Bi De F Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10- 003308-051, 2007 QCCA 541, dated April 16, 2007, heard on November 7, 2007, is dismissed. Dismissed |
|
| 2007-11-21 | Transcript received, (82 pages) | |
| 2007-11-07 | Judgment reserved OR rendered with reasons to follow | |
| 2007-11-07 | Appellant's condensed book, Submitted in Court (14 copies) | Feng Jin |
| 2007-11-07 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-11-07 |
Hearing of the appeal, 2007-11-07, CJ Ba Bi De F Abe Cha Judgment reserved |
|
| 2007-11-01 |
Order by, Ro, FURTHER TO THE ORDERS dated July 26 and October 19, 2007, in which Rothstein J. granted leave to intervene to the Attorney General of Ontario. IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of these appeals. Granted |
|
| 2007-10-31 | Intervener's book of authorities, (joint with 31662, 32003), Completed on: 2007-10-31 | Attorney General of Ontario |
| 2007-10-31 | Intervener's factum, (joint with 31662, 32003), Completed on: 2007-10-31 | Attorney General of Ontario |
| 2007-10-19 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2007-10-19 |
Decision on the motion for leave to intervene, Ro, UPON APPLICATIONS by the Attorney General of Ontario for leave to intervene in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the applicant, Attorney General of Ontario, are granted and the applicant shall be entitled to serve and file a single joint factum not to exceed 15 pages in length on or before October 31, 2007, in the following appeals: Her Majesty the Queen v. Patrick Mathieu (31662), Jocelyn St-Germain v. Her Majesty the Queen (32003) and Feng Jin v. Her Majesty the Queen (32091). 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 raise new issues or 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 its intervention. Granted |
|
| 2007-10-19 | Submission of motion for leave to intervene, Ro | |
| 2007-10-18 | Appeal perfected for hearing | |
| 2007-10-15 | Respondent's factum, CD rec'd Oct. 29/07, Completed on: 2007-10-31 | Her Majesty the Queen |
| 2007-09-26 | Appellant's book of authorities, Completed on: 2007-09-26 | Feng Jin |
| 2007-09-26 | Appellant's record, Completed on: 2007-09-26 | Feng Jin |
| 2007-09-26 | Appellant's factum, (CD rec'd Sept. 27/07), Completed on: 2007-09-27 | Feng Jin |
| 2007-09-17 | Motion for leave to intervene, Completed on: 2007-09-17 | Attorney General of Ontario |
| 2007-08-30 | Notice of appearance, Isabelle Doray and Dimitrios Strapatsas will be present at the hearing. | Feng Jin |
| 2007-08-30 | Notice of appeal, Completed on: 2007-08-30 | Feng Jin |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-08-07 | Judgment on leave sent to the parties | |
| 2007-08-03 |
Appeal hearing scheduled, 2007-11-07 Judgment reserved |
|
| 2007-08-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-08-03 |
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 (Montréal), Number 500-10-003308-051, 2007 QCCA 541, dated April 16, 2007, is granted. This appeal is to be heard on November 7, 2007, with Her Majesty the Queen v. Laurier Monière (32014), Jocelyn St-Germain v. Her Majesty the Queen (32003) and Her Majesty the Queen v. Patrick Mathieu (31662). The following schedule is set for serving and filing material: 1. The appellant shall serve and file its factum, record and book of authorities on or before September 26, 2007; 2. The respondent shall serve and file its factum, record and book of authorities on or before October 24, 2007; 3. Any applications for leave to intervene shall be served and filed on or before October 10, 2007, and any responses thereto shall be served and filed on or before October 17, 2007. There will be no right to reply; 4. Any interveners' factums and books of authorities shall be served and filed on or before October 31, 2007. Granted |
|
| 2007-07-30 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2007-06-20 | Respondent's response on the application for leave to appeal, (Letter Form), from D. Pilon dated June 19/07 re: will not oppose the leave application, Completed on: 2007-06-20 | Her Majesty the Queen |
| 2007-06-20 | Correspondence received from, R. Gaudreau dated June 15/07 re: acts as agent for the applicant | Feng Jin |
| 2007-06-15 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-06-15 | Application for leave to appeal, Completed on: 2007-06-15 | Feng Jin |
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 |
|---|---|---|
| Jin, Feng | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Jin, Feng
Counsel
Dimitrios Strapatsas
15e étage
507 place d'Armes
Montréal, Quebec
H2Y 2W8
Telephone: (514) 288-6070
FAX: (514) 845-5546
Email: isabelledoray@videotron.ca
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
17, rue Laurier, bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60422
FAX: (819) 772-3986
Email: dpilon@justice.gouv.qc.ca
Party: Attorney General of Ontario
Counsel
Megan Stephens
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4623
FAX: (416) 326-4656
Email: shawn.porter@jus.gov.on.ca
Agent
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.
Criminal law – Sentencing – Whether probation order can be added to sentence of imprisonment where length of sentence does not exceed two years because account is taken of time spent by accused in pre-sentence custody.
The accused, Feng Jin, was convicted of aggravated assault, sexual assault, uttering threats and possession of incendiary material. By the time he was sentenced, he had already spent 13 months in pre-sentence custody. The sentencing judge sentenced him to 43 months of imprisonment. Finding that the pre-sentence custody was equivalent to 26 months of incarceration, the judge concluded that the accused had to serve 17 months in prison and be on probation for 3 years.
Relying on R. v. Fice, [2005] 1 S.C.R. 742, the majority of the Court of Appeal found that the probation order was valid. Dalphond J.A. did not agree with the majority on this point and would have set aside the probation order.
Lower court rulings
Superior Court of Quebec
550-01-015514-047
see file
Court of Appeal of Quebec (Montréal)
2007 QCCA 541, 500-10-003308-051
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