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.
40332
Franck Yvan Tayo Tompouba v. His Majesty the King
(British Columbia) (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.
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
v.
Other parties
Counsel
Party: Tayo Tompouba, Franck Yvan
Counsel
Caroline Magnan
Sara-Marie Scott
Vicki Williams
Juliette Vani
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Agent
50, rue O'Connor, Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: His Majesty the King
Counsel
Rodney G. Garson, K.C.
Jean-Benoit Deschamps
BC Prosecution Service
3rd Floor, 940 Blanshard Street
Vancouver, British Columbia
V8W 3E6
Telephone: (250) 387-4481
FAX: (250) 387-4262
Email: liliane.bantourakis@gov.bc.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Canadian Bar Association
Counsel
Connor Bildfell
Lindsay Frame
Suite 2400, 745 Thurlow Street
Vancouver, British Columbia
V6E 0C5
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Commissioner of Official Languages of Canada
Counsel
Isabelle Hardy
Direction des affaires juridiques
30, rue Victoria, 6e étage
Gatineau, Quebec
K1A 0T8
Telephone: (613) 617-7039
FAX: (819) 420-4837
Email: Elie.Ducharme@clo-ocol.gc.ca
Party: Director of Public Prosecutions
Counsel
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 5e Étage, Tour Est
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 496-7372
Email: ginette.gobeil@justice.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Fédération des associations de juristes d'expression française de common law inc.
Counsel
Elsy Gagné
11210 - 142 St. NW
Edmonton, Alberta
T5R 3P1
Telephone: (780) 488-4460
FAX: (780) 488-4783
Email: semery@gunnlawgroup.ca
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2466
FAX: (613) 235-3041
Email: bpiper@goldblattpartners.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Alexandra Heine
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
Email: paullv@stockwoods.ca
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Summary
Keywords
Criminal law — Trial — Language of accused — French-speaking accused not advised of his right to be tried in official language of his choice — Whether curative proviso in s. 686 of Criminal Code can apply to violation of s. 530(3) of Criminal Code — Whether new trial must be ordered — Criminal Code, R.S.C. 1985, c. C-46, ss. 530(3), 686(1)(b).
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.
(PUBLICATION BAN IN CASE)
Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that not advising Mr. Tayo Tompouba of his right was an error, but it applied the curative proviso to dismiss his appeal. It held that the right provided for in s. 530(3) is a procedural right, not a substantive right.
Lower court rulings
Applicant convicted of sexual assault
Appeal dismissed and conviction affirmed
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
Related links
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-05-03 | Appeal closed | |
| 2024-05-03 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2024-05-03 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2024-05-03 |
Judgment on the appeal rendered, CJ Ka Côt Row Mar Kas Ob, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA46816, 2022 BCCA 177, dated May 24, 2022, heard on October 11, 2023, is allowed. The conviction is quashed and a new trial in French is ordered. Karakatsanis and Martin JJ. dissent. Allowed |
|
| 2023-10-25 | Transcript received, 114 pages | |
| 2023-10-12 | General proceeding, Case sensitivity Questionnaire | His Majesty the King |
| 2023-10-12 | General proceeding, Case Sensitivity Questionnaire | Franck Yvan Tayo Tompouba |
| 2023-10-11 | Judgment reserved OR rendered with reasons to follow | |
| 2023-10-11 |
Hearing of the appeal, 2023-10-11, CJ Ka Côt Row Mar Kas Ob Judgment reserved |
|
| 2023-10-10 | Notice of Remote Participation by a Judge of the Supreme Court of Canada sent to all parties | |
| 2023-10-06 | Certificate (on limitations to public access), 23B - condensed book | His Majesty the King |
| 2023-10-06 | Respondent's condensed book, (Book Form), (Printed version filed on 2023-10-10) | His Majesty the King |
| 2023-10-06 | Certificate (on limitations to public access), 23B - condensed book | Franck Yvan Tayo Tompouba |
| 2023-10-06 | Appellant's condensed book, (Book Form), (Printed version filed on 2023-10-10) | Franck Yvan Tayo Tompouba |
| 2023-09-15 |
Notice of appearance, (Letter Form), Isabelle Hardy and Élie Ducharme will appear before the Court. Isabelle Hardy will present oral argument. |
Commissioner of Official Languages of Canada |
| 2023-09-15 |
Notice of appearance, (Letter Form), Shannon Gunn Emery and Elsy Gagné will appear before the Court. Me Gunn Emery will present oral argument. |
Fédération des associations de juristes d'expression française de common law inc. |
| 2023-09-15 | Notice of appearance, (Letter Form), Michael Feder, K.C., Connor Bildfell and Lindsay Frame will appear before the Court. Connor Bildfell will present oral argument. | Canadian Bar Association |
| 2023-09-15 |
Notice of appearance, (Letter Form), Me Jonathan Laxer, Me Caroline Magnan and Me Darius Bossé will appear before the Court. Me Laxer will present oral argument. |
Franck Yvan Tayo Tompouba |
| 2023-09-15 | Notice of appearance, (Letter Form), Me Alexandra Heine and Me Paul Le Vay will appear before the Court. Me Paul Le Vay will present oral argument. | Criminal Lawyers' Association (Ontario) |
| 2023-09-15 |
Notice of appearance, (Letter Form), Liliane Bantourakis, Rodney Garson, K.C. and Jean-Benoît Deschamps will appear before the Court. Liliane Bantourakis will present oral argument. |
His Majesty the King |
| 2023-09-14 | Notice of appearance, (Letter Form), Ginette Gobeil and François Lacasse will appear before the Court. Ginette Gobeil will present oral argument. | Director of Public Prosecutions |
| 2023-08-03 | Intervener's factum, (Book Form), English version of the factum filed on August 3, 2023., Completed on: 2023-08-28, (Printed version due on 2023-08-11) | Director of Public Prosecutions |
| 2023-07-18 | Intervener's factum, (Book Form), Completed on: 2023-07-19, (Printed version filed on 2023-07-20) | Criminal Lawyers' Association (Ontario) |
| 2023-07-18 | Intervener's factum, (Book Form), Completed on: 2023-07-18, (Printed version filed on 2023-07-18) | Canadian Bar Association |
| 2023-07-17 | Intervener's factum, (Book Form), Completed on: 2023-07-18, (Printed version filed on 2023-07-17) | Director of Public Prosecutions |
| 2023-07-14 | Intervener's book of authorities, (Book Form), Completed on: 2023-07-17, (Printed version filed on 2023-07-18) | Commissioner of Official Languages of Canada |
| 2023-07-14 | Intervener's factum, (Book Form), Completed on: 2023-07-17, (Printed version filed on 2023-07-18) | Commissioner of Official Languages of Canada |
| 2023-07-14 |
Intervener's factum, (Book Form), REQUIRED: - Proof of service, Completed on: 2023-07-18, (Printed version filed on 2023-07-17) |
Fédération des associations de juristes d'expression française de common law inc. |
| 2023-06-27 | Notice of hearing sent to parties, via email. | |
| 2023-06-27 |
Appeal hearing scheduled, 2023-10-11 Judgment reserved |
|
| 2023-06-09 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2023-06-06 | Certificate (on limitations to public access), 23B-Record | His Majesty the King |
| 2023-06-06 | Certificate of counsel (attesting to record), 24B | His Majesty the King |
| 2023-06-06 | Respondent's record, (Book Form), Completed on: 2023-06-06, (Printed version filed on 2023-06-06) | His Majesty the King |
| 2023-06-06 | Respondent's factum, (Book Form), Completed on: 2023-06-06, (Printed version filed on 2023-06-06) | His Majesty the King |
| 2023-06-06 | Order on motion for leave to intervene, by KARAKATSANIS J. | |
| 2023-06-06 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Director of Public Prosecutions; the Canadian Bar Association; the Commissioner of Official Languages of Canada; the Fédération des associations de juristes d’expression française de common law inc.; and the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted and the five (5) interveners shall each be entitled to serve and file a single factum not to exceed ten (10) pages in length and a book of authorities, if any, on or before July 18, 2023. The five (5) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. The interveners are not 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 the respondent any additional disbursements resulting from their interventions. Granted |
|
| 2023-06-05 | Submission of motion for leave to intervene, Ka | |
| 2023-05-18 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-05-23, (Printed version due on 2023-05-26) | Franck Yvan Tayo Tompouba |
| 2023-05-16 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2023-05-23, (Printed version due on 2023-05-24) | His Majesty the King |
| 2023-05-09 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2023-05-10) | Criminal Lawyers' Association (Ontario) |
| 2023-05-09 | Notice of name, (Letter Form), (Printed version filed on 2023-05-10) | Criminal Lawyers' Association (Ontario) |
| 2023-05-09 | Motion for leave to intervene, (Book Form), Missing: Proof of Service (rec' 05/12/23), Filing Fee (rec' 05/11/23), Completed on: 2023-05-12, (Printed version filed on 2023-05-10) | Criminal Lawyers' Association (Ontario) |
| 2023-05-09 | Notice of name, (Letter Form), (Printed version filed on 2023-05-10) | Fédération des associations de juristes d'expression française de common law inc. |
| 2023-05-09 | Motion for leave to intervene, (Book Form), Missing: Proof of Service (rec' 05/10/23), Filing Fee (rec' 05/10/23), Completed on: 2023-05-12, (Printed version filed on 2023-05-10) | Fédération des associations de juristes d'expression française de common law inc. |
| 2023-05-09 | Motion for leave to intervene, (Letter Form), Missing: Proof of Service (rec' 05/10/23), Completed on: 2023-05-12, (Printed version filed on 2023-05-10) | Director of Public Prosecutions |
| 2023-05-03 | Notice of name, (Letter Form), (Printed version filed on 2023-05-04) | Commissioner of Official Languages of Canada |
| 2023-05-03 | Motion for leave to intervene, (Book Form), (7 volumes), Completed on: 2023-05-08, (Printed version filed on 2023-05-04) | Commissioner of Official Languages of Canada |
| 2023-05-02 | Notice of name, (Letter Form), (Printed version filed on 2023-05-03) | Canadian Bar Association |
| 2023-05-02 | Motion for leave to intervene, (Book Form), Completed on: 2023-05-08, (Printed version filed on 2023-05-03) | Canadian Bar Association |
| 2023-04-11 | Certificate (on limitations to public access), 23B - Factum/Record | Franck Yvan Tayo Tompouba |
| 2023-04-11 | Certificate of counsel (attesting to record), 24A | Franck Yvan Tayo Tompouba |
| 2023-04-11 | Appellant's record, (Book Form), (3 volumes), Completed on: 2023-04-13, (Printed version due on 2023-04-18) | Franck Yvan Tayo Tompouba |
| 2023-04-11 | Appellant's factum, (Book Form), Completed on: 2023-04-13, (Printed version filed on 2023-04-12) | Franck Yvan Tayo Tompouba |
| 2023-02-13 | Certificate (on limitations to public access), 23B - Notice of appeal | Franck Yvan Tayo Tompouba |
| 2023-02-13 | Notice of appeal, (Letter Form), Completed on: 2023-02-14, (Electronic version filed on 2023-02-14) | Franck Yvan Tayo Tompouba |
| 2023-01-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-01-12 | Judgment on leave sent to the parties | |
| 2023-01-12 |
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 for British Columbia (Vancouver), Number CA46816, 2022 BCCA 177, dated May 24, 2022, is granted. Granted |
|
| 2022-11-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-11-14 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2022-11-21) | Franck Yvan Tayo Tompouba |
| 2022-10-13 | Applicant's reply to respondent's argument, (Book Form), Required: 23B (rec'd 2022-11-14), Completed on: 2022-11-18, (Printed version filed on 2022-10-18) | Franck Yvan Tayo Tompouba |
| 2022-10-03 | Certificate (on limitations to public access), 23A / 23B | His Majesty the King |
| 2022-10-03 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-10-03, (Printed version filed on 2022-10-03) | His Majesty the King |
| 2022-08-31 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-09-02 | |
| 2022-08-23 | Certificate (on limitations to public access), (Letter Form), 23A - 23B, (Printed version filed on 2022-09-20) | Franck Yvan Tayo Tompouba |
| 2022-08-23 |
Application for leave to appeal, (Book Form), Required: - amended notice of application (rec'd 2022-09-16) - Amended 23A/23B (rec'd 2022-10-18), Completed on: 2022-10-11, (Printed version filed on 2022-09-20) |
Franck Yvan Tayo Tompouba |
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 |
|---|---|---|
| Tayo Tompouba, Franck Yvan | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions | Intervener | Active |
| Canadian Bar Association | Intervener | Active |
| Commissioner of Official Languages of Canada | Intervener | Active |
| Fédération des associations de juristes d'expression française de common law inc. | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
Counsel
Party: Tayo Tompouba, Franck Yvan
Counsel
Caroline Magnan
Sara-Marie Scott
Vicki Williams
Juliette Vani
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca
Agent
50, rue O'Connor, Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Party: His Majesty the King
Counsel
Rodney G. Garson, K.C.
Jean-Benoit Deschamps
BC Prosecution Service
3rd Floor, 940 Blanshard Street
Vancouver, British Columbia
V8W 3E6
Telephone: (250) 387-4481
FAX: (250) 387-4262
Email: liliane.bantourakis@gov.bc.ca
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Canadian Bar Association
Counsel
Connor Bildfell
Lindsay Frame
Suite 2400, 745 Thurlow Street
Vancouver, British Columbia
V6E 0C5
Telephone: (604) 643-5983
FAX: (604) 622-5614
Email: mfeder@mccarthy.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Commissioner of Official Languages of Canada
Counsel
Isabelle Hardy
Direction des affaires juridiques
30, rue Victoria, 6e étage
Gatineau, Quebec
K1A 0T8
Telephone: (613) 617-7039
FAX: (819) 420-4837
Email: Elie.Ducharme@clo-ocol.gc.ca
Party: Director of Public Prosecutions
Counsel
Complexe Guy Favreau
200, boul. René Lévesque Ouest, 5e Étage, Tour Est
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-8115
FAX: (514) 496-7372
Email: ginette.gobeil@justice.gc.ca
Agent
160, rue Elgin
12ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: francois.lacasse@ppsc-sppc.gc.ca
Party: Fédération des associations de juristes d'expression française de common law inc.
Counsel
Elsy Gagné
11210 - 142 St. NW
Edmonton, Alberta
T5R 3P1
Telephone: (780) 488-4460
FAX: (780) 488-4783
Email: semery@gunnlawgroup.ca
Agent
500 - 30 Metcalfe Street
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2466
FAX: (613) 235-3041
Email: bpiper@goldblattpartners.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Alexandra Heine
77 King Street West, Suite 4130
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-7200
Email: paullv@stockwoods.ca
Agent
50, rue O'Connor, bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Summary
Keywords
Criminal law — Trial — Language of accused — French-speaking accused not advised of his right to be tried in official language of his choice — Whether curative proviso in s. 686 of Criminal Code can apply to violation of s. 530(3) of Criminal Code — Whether new trial must be ordered — Criminal Code, R.S.C. 1985, c. C-46, ss. 530(3), 686(1)(b).
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.
(PUBLICATION BAN IN CASE)
Mr. Tayo Tompouba was charged with sexual assault. On his first appearance, he was not advised of his right to apply for a trial in French, despite the court’s obligation to inform him of that right under s. 530(3) of the Criminal Code. He was convicted following a trial in English. The Court of Appeal acknowledged that not advising Mr. Tayo Tompouba of his right was an error, but it applied the curative proviso to dismiss his appeal. It held that the right provided for in s. 530(3) is a procedural right, not a substantive right.
Lower court rulings
Applicant convicted of sexual assault
Appeal dismissed and conviction affirmed
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