Case information
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41142
Stéphane Richardson v. His Majesty the King
(New Brunswick) (Criminal) (By Leave)
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.
Counsel
Party: Richardson, Stéphane
This party is not represented by counsel.
Party: His Majesty the King
Counsel
400-777, rue Main
Moncton, New Brunswick
E1C 1E9
Telephone: (506) 531-0285
Email: christian.girouard@ppsc-sppc.gc.ca
Agent
160 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law — Penal offences — Appeals — Summary conviction appeal dismissed — Application for leave to appeal dismissed — Whether Court of Appeal erred in law in refusing to admit applicant’s evidence — Whether Court of Appeal erred in dismissing application for leave to appeal.
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 applicant was charged with four offences under the Fisheries Act, R.S.C. 1985, c. F 14. At his first appearance, he alleged that the court did not have jurisdiction over the offences. The Provincial Court judge dismissed the applicant’s applications to file documents in support of that allegation. The judge also dismissed the applicant’s motion for recusal, in which he alleged that the judge had a conflict of interest. Following a trial, the applicant was convicted of all the charges laid against him. The New Brunswick Court of Queen’s Bench, sitting as a summary conviction appeal court, dismissed the applicant’s appeal. The Court of Appeal dismissed his application for leave to appeal.
Lower court rulings
Court of King's Bench of New Brunswick
Summary conviction appeal dismissed
Application for leave to appeal dismissed
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) |
|---|---|---|
| 2025-01-23 | Close file on Leave | |
| 2025-01-23 | Correspondence (sent by the Court) to, parties, by email | |
| 2025-01-23 | Reconsideration not accepted for filing | |
| 2024-12-17 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2024-09-04 |
Motion for reconsideration of the application for leave to appeal, (Book Form), including motion to extend time to serve and file motion for reconsideration , Completed on: 2024-12-17, (Printed version filed on 2024-09-10) |
Stéphane Richardson |
| 2024-07-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-07-04 | Judgment on leave sent to the parties | |
| 2024-07-04 |
Judgment of the Court on the application for leave to appeal, The motion to file a lengthy reply is granted. The motion for a stay of execution is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of New Brunswick, Number 97-21-CA, 2022 NBCA 11, dated April 14, 2022, is dismissed. Dismissed |
|
| 2024-07-04 | Decision on motion to file a lengthy memorandum of argument, see decision on application | |
| 2024-07-04 | Decision on the motion for a stay of execution, see decision on application | |
| 2024-06-19 | Affidavit, (Book Form), Supplemental affidavit for motion for lengthy reply, (Printed version filed on 2024-06-24) | Stéphane Richardson |
| 2024-06-03 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-06-03 | Submission of motion to file a lengthy memorandum of argument | |
| 2024-06-03 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2024-04-19 | Response to the motion to file a lengthy memorandum of argument, (Letter Form), Completed on: 2024-04-19, (Printed version due on 2024-04-26) | His Majesty the King |
| 2024-04-18 | Motion to file a lengthy memorandum of argument, (Book Form), In support with the Applicant reply, Completed on: 2024-04-18, (Printed version filed on 2024-04-24) | Stéphane Richardson |
| 2024-04-05 |
Applicant's reply to respondent's argument, (Book Form), Missing: - Motion for lengthy reply (Rec'd April 18, 2024), Completed on: 2024-04-19, (Printed version filed on 2024-04-11) |
Stéphane Richardson |
| 2024-04-02 | Supplemental document, (Book Form), Amended notice of application and proof of service, (Printed version filed on 2024-04-02) | Stéphane Richardson |
| 2024-03-27 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-04-11) | His Majesty the King |
| 2024-03-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-04-02, (Printed version filed on 2024-04-11) | His Majesty the King |
| 2024-03-04 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 03/04/2024 | |
| 2023-10-20 | Motion for a stay of execution, (Book Form), Completed on: 2024-03-04 | Stéphane Richardson |
| 2022-05-05 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Stéphane Richardson |
| 2022-05-05 |
Application for leave to appeal, (Book Form), (2 volumes), VOL 1 - Filed May 5, 2022 VOL 2 - Filed May 16, 2022 VOL 3 - Filed January 26, 2023 MISSING: - Amended notice (Rec'd April 2, 2024), - Proof of service (Rec'd April 2, 2024) - Filing fees (Rec'd May 3, 2024), Completed on: 2024-05-03 |
Stéphane Richardson |
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 |
|---|---|---|
| Richardson, Stéphane | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Richardson, Stéphane
This party is not represented by counsel.
Party: His Majesty the King
Counsel
400-777, rue Main
Moncton, New Brunswick
E1C 1E9
Telephone: (506) 531-0285
Email: christian.girouard@ppsc-sppc.gc.ca
Agent
160 Elgin Street, 12th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (867) 336-0762
FAX: (613) 941-7865
Email: Eric.Marcoux@ppsc-sppc.gc.ca
Summary
Keywords
Criminal law — Penal offences — Appeals — Summary conviction appeal dismissed — Application for leave to appeal dismissed — Whether Court of Appeal erred in law in refusing to admit applicant’s evidence — Whether Court of Appeal erred in dismissing application for leave to appeal.
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 applicant was charged with four offences under the Fisheries Act, R.S.C. 1985, c. F 14. At his first appearance, he alleged that the court did not have jurisdiction over the offences. The Provincial Court judge dismissed the applicant’s applications to file documents in support of that allegation. The judge also dismissed the applicant’s motion for recusal, in which he alleged that the judge had a conflict of interest. Following a trial, the applicant was convicted of all the charges laid against him. The New Brunswick Court of Queen’s Bench, sitting as a summary conviction appeal court, dismissed the applicant’s appeal. The Court of Appeal dismissed his application for leave to appeal.
Lower court rulings
Court of King's Bench of New Brunswick
Summary conviction appeal dismissed
Application for leave to appeal dismissed
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