Case information
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34358
Her Majesty the Queen v. Alphide Manning
(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) |
|---|---|---|
| 2013-02-04 | Appeal closed | |
| 2013-01-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-01-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-01-17 |
Judgment on the appeal rendered, CJ LeB F Abe Cro Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002559-107, 2011 QCCA 900, dated May 16, 2011, heard on December 5, 2012, is allowed. The order of forfeiture sought by the Crown is granted. Allowed |
|
| 2012-12-18 | Transcript received, (111 pages) | |
| 2012-12-05 | Judgment reserved OR rendered with reasons to follow | |
| 2012-12-05 |
Hearing of the appeal, 2012-12-05, CJ LeB F Abe Cro Ka Wa Judgment reserved |
|
| 2012-12-05 | Respondent's condensed book, (14 copies) distributed at the hearing | Alphide Manning |
| 2012-12-05 | Appellant's condensed book, (14 copies) distributed at the hearing | Her Majesty the Queen |
| 2012-12-05 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2012-11-27 | Notice of appearance, Catherine Beagan Flood and Joshua A. Krane will be present at the hearing | Canadian Civil Liberties Association |
| 2012-11-26 | Notice of appearance, Melissa Adams and Susan Ficek will be present at the hearing | Attorney General of Ontario |
| 2012-11-23 |
Order by, Cro, FURTHER TO THE ORDER dated September 26, 2012, granting leave to intervene to the Director of Public Prosecutions of Canada, the Attorney General of Ontario, the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT the Attorney General of Ontario, the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. IT IS HEREBY FURTHER ORDERED THAT that the intervener Director of Public Prosecutions of Canada is denied permission to present oral argument at the hearing of the appeal. Allowed in part, no order as to costs |
|
| 2012-11-21 | Intervener's book of authorities, Completed on: 2012-11-21 | British Columbia Civil Liberties Association |
| 2012-11-21 | Intervener's factum, cd to come (rec'd Nov.27/12), Completed on: 2012-11-28 | British Columbia Civil Liberties Association |
| 2012-11-21 | Intervener's book of authorities, Completed on: 2012-11-21 | Director of Public Prosecutions of Canada |
| 2012-11-21 | Intervener's factum, Completed on: 2012-11-21 | Director of Public Prosecutions of Canada |
| 2012-11-21 | Intervener's book of authorities, Completed on: 2012-11-21 | Canadian Civil Liberties Association |
| 2012-11-21 | Intervener's factum, service to come (rec'd Nov.22/12), Completed on: 2012-11-23 | Canadian Civil Liberties Association |
| 2012-11-20 | Intervener's book of authorities, Completed on: 2012-11-20 | Attorney General of Ontario |
| 2012-11-20 | Intervener's factum, Completed on: 2012-11-20 | Attorney General of Ontario |
| 2012-11-19 | Notice of appearance, Robin Tremblay and Jean-François Bouvette will be present at the hearing | Director of Public Prosecutions of Canada |
| 2012-11-07 | Notice of appearance, Patrick Jacques will be present at the hearing. | Alphide Manning |
| 2012-09-26 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-09-26 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Director of Public Prosecutions of Canada for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND UPON APPLICATIONS by the Attorney General of Ontario, the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene and for leave to intervene of the Director of Public Prosecutions of Canada is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 21, 2012. The motions for leave to intervene by the Attorney General of Ontario, the Canadian Civil Liberties Association and the British Columbia Civil Liberties Association are granted and the said interveners shall be entitled to serve and file a factum not to exceed 10 pages in length on or before November 21, 2012. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. 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 respondent any additional disbursements occasioned to the appellant and respondent by their interventions Granted |
|
| 2012-09-26 | Submission of motion for leave to intervene, Cro | |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-20 | Appeal perfected for hearing | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-12-05 Judgment reserved |
|
| 2012-07-18 | Respondent's record, Completed on: 2012-07-18 | Alphide Manning |
| 2012-07-18 | Respondent's book of authorities, Completed on: 2012-07-18 | Alphide Manning |
| 2012-07-18 | Respondent's factum, Completed on: 2012-07-18 | Alphide Manning |
| 2012-07-09 | Response to the motion for leave to intervene, (Letter Form), from Pierre Landry dated July 9/12 re: does not oppose AGON, BCCLA, CCLA and DPP's leave to intervene, Completed on: 2012-07-09 | Alphide Manning |
| 2012-07-09 | Response to the motion for leave to intervene, fax from Pierre Landry dated July 9/12 (by AG Ontario and CCLA), Completed on: 2012-07-09 | Alphide Manning |
| 2012-06-28 | Motion for leave to intervene, (including extension of time), Completed on: 2012-06-28 | Director of Public Prosecutions of Canada |
| 2012-06-28 | Motion for leave to intervene, Completed on: 2012-06-29 | Attorney General of Ontario |
| 2012-06-27 | Motion for leave to intervene, (book form), Completed on: 2012-06-27 | British Columbia Civil Liberties Association |
| 2012-06-27 | Motion for leave to intervene, (Book Form), Completed on: 2012-06-27 | Canadian Civil Liberties Association |
| 2012-05-31 | Appellant's book of authorities, (2 volumes), Completed on: 2012-05-31 | Her Majesty the Queen |
| 2012-05-31 | Appellant's record, Completed on: 2012-05-31 | Her Majesty the Queen |
| 2012-05-31 | Appellant's factum, Completed on: 2012-05-31 | Her Majesty the Queen |
| 2012-05-18 | Correspondence received from, Patrick Jacques dated May 9, 2012 re: change of counsel | Alphide Manning |
| 2012-05-01 | Correspondence received from, Robin Tremblay dated April 26, 2012 re: new counsel for the appellant | Her Majesty the Queen |
| 2012-03-16 | Notice of appeal, Completed on: 2012-03-16 | Her Majesty the Queen |
| 2012-03-12 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-02-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-02-24 | Judgment on leave sent to the parties | |
| 2012-02-23 |
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 (Québec), Number 200-10-002559-107, 2011 QCCA 900, dated May 16, 2011, is granted without costs. Granted, without costs |
|
| 2011-12-12 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-11-24 | Respondent's response on the application for leave to appeal, no response will be filed, Completed on: 2011-11-24 | Alphide Manning |
| 2011-08-11 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-08-02 | Application for leave to appeal, proof of service missing - rec'd August 11, 2011 and fee missing and rec'd August 10, 2011, Completed on: 2011-08-11 | Her Majesty the Queen |
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 |
|---|---|---|
| Her Majesty the Queen | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Manning, Alphide | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Director of Public Prosecutions of Canada | Intervener | Active |
| Attorney General of Ontario | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Jean-François Bouvette
Palais de justice de Baie-Comeau
71, avenue Mance, bureau 1.05
Baie-Comeau, Quebec
G4Z 1N2
Telephone: (418) 296-4994 Ext: 66633
FAX: (418) 294-8990
Email: robin.tremblay@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca
Party: Manning, Alphide
Counsel
Beaupré, Quebec
G0A 1E0
Telephone: (418) 702-1070
Email: patrickjacquesavocat@gmail.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Attorney General of Ontario
Counsel
720 Bay St
10th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4583
FAX: (416) 326-4656
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Canadian Civil Liberties Association
Counsel
Joshua A. Krane
Box 25
Commerce Court West
Toronto, Ontario
M5L 1A9
Telephone: (416) 863-2269
FAX: (416) 863-2653
Email: cbe@blakes.com
Agent
45 O'Connor St.
20th Floor
Ottawa, Ontario
K1P 1A4
Telephone: (613) 788-2200
FAX: (613) 788-2247
Email: nancy.brooks@blakes.com
Party: British Columbia Civil Liberties Association
Counsel
Alexis Nihon Plaza, Tower 2
3500 De Maisonneuve Blvd. West
Montreal, Quebec
H3Z 3C1
Telephone: (514) 934-7737
FAX: (514) 935-2999
Email: aboctor@imk.ca
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Director of Public Prosecutions of Canada
Counsel
Robin Tremblay
222, rue Queen, 11e étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 952-5036
FAX: (613) 941-8742
Email: swilliam@ppsc-sppc.gc.ca
Agent
284, rue Wellington
2ième étage
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4770
FAX: (613) 941-7865
Email: flacasse@ppsc-sppc.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 - Forfeiture of offence related property - Factors to be considered by court in deciding not to order forfeiture of offence related property - Whether Court of Appeal erred as regards factors that can be considered in balancing exercise used to determine whether impact of order of forfeiture of property other than dwelling house is disproportionate under s. 490.41(3) Cr.C. - Criminal Code, R.S.C. 1985, c. C 46, s. 490.41(3).
The respondent pleaded guilty to two counts of operating a motor vehicle with a blood alcohol level over the legal limit. He had similar prior convictions from 1989, 1982 and 1975. He was sentenced to imprisonment for twelve months on the first count and five months on the second count. He was also prohibited from driving for five years following the end of his period of imprisonment. The Crown applied for forfeiture of the vehicle driven by the respondent at the time of the offence on the ground that it was offence related property within the meaning of the Criminal Code. The Court of Québec dismissed the Crown’s motion for forfeiture of the vehicle pursuant to s. 490.41(3) of the Criminal Code, and the Court of Appeal dismissed the Crown’s appeal.
Lower court rulings
Court of Quebec
655-01-004409-107
Motion for forfeiture of vehicle dismissed
Court of Appeal of Quebec (Québec)
200-10-002559-107, 2011 QCCA 900
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
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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