Case information
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36001
Her Majesty the Queen v. Tommy Lacasse
(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) |
|---|---|---|
| 2015-12-22 | Appeal closed | |
| 2015-12-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-12-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-12-17 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002992-134, 2014 QCCA 1061, dated May 15, 2014, heard on May 15, 2015, is allowed. The sentence imposed by the trial judge is restored except as regards the driving prohibition, which is reduced to two years and four months commencing at the end of the respondent’s incarceration. McLachlin C.J. and Gascon J. are dissenting. Allowed |
|
| 2015-06-01 | Transcript received, 72 pages. | |
| 2015-05-15 | Judgment reserved OR rendered with reasons to follow | |
| 2015-05-15 |
Hearing of the appeal, 2015-05-15, CJ Abe Mo Ka Wa Ga Côt Decision reserved |
|
| 2015-05-15 | Respondent's condensed book, (Book Form), Received in the Court room. | Tommy Lacasse |
| 2015-05-15 | Intervener's condensed book, (Book Form), Received in the Court room. | Attorney General of Alberta |
| 2015-05-15 | Appellant's condensed book, (Book Form), Received in the Court room. | Her Majesty the Queen |
| 2015-05-04 | Notice of appearance, Ms. Joanne Dartana will be present at the hearing and she will do the oral arguments. | Attorney General of Alberta |
| 2015-05-04 |
Order by, Ga, FURTHER TO THE ORDER dated April 21, 2015, granting leave to intervene to the Attorney General of Alberta; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2015-05-01 | Intervener's book of authorities, (Book Form), Completed on: 2015-05-01, (Electronic version filed on 2015-05-01) | Attorney General of Alberta |
| 2015-05-01 | Intervener's factum, (Book Form), Completed on: 2015-05-01, (Electronic version filed on 2015-05-01) | Attorney General of Alberta |
| 2015-04-27 | Notice of appearance, Counsels for the appellant, Mr Régis Boisvert and Ms. Audrey Roy- Cloutier will be present at the hearing and Mr Boisvert will do the oral arguments. | Her Majesty the Queen |
| 2015-04-21 | Notice of appearance, Alain Dumas and Geneviève Bertrand will be present at the hearing. | Tommy Lacasse |
| 2015-04-21 | Order on motion for leave to intervene, (by JUSTICE GASCON) | |
| 2015-04-21 |
Decision on the motion for leave to intervene, Ga, UPON APPLICATION by the Attorney General of Alberta for leave to intervene in the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene is granted and the said intervener shall be entitled to serve and file factum not to exceed ten (10) pages in length on or before May 1st, 2015. 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 is 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 intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. Granted |
|
| 2015-04-21 | Submission of motion for leave to intervene, Ga | |
| 2015-04-21 | Appeal perfected for hearing | |
| 2015-04-17 | Respondent's book of authorities, (Book Form), Completed on: 2015-04-17 | Tommy Lacasse |
| 2015-04-17 | Respondent's factum, (Book Form), Completed on: 2015-04-17 | Tommy Lacasse |
| 2015-03-30 | Correspondence received from, Richard Gaudreau dated 2015-03-27. Re: Bergeron, Gaudreau will be acting as agent | Tommy Lacasse |
| 2015-03-26 | Motion for leave to intervene, Completed on: 2015-03-26 | Attorney General of Alberta |
| 2015-03-13 | Notice of hearing sent to parties | |
| 2015-03-10 |
Appeal hearing scheduled, 2015-05-15, (EARLY START 9:00 A.M.) Decision reserved |
|
| 2015-03-09 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-03-12) | Her Majesty the Queen |
| 2015-03-09 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2015-03-12) | Her Majesty the Queen |
| 2015-03-09 | Appellant's book of authorities, (Book Form), Completed on: 2015-03-09, (Electronic version filed on 2015-03-12) | Her Majesty the Queen |
| 2015-03-09 | Appellant's record, (Book Form), Vol. 1 and 2, Completed on: 2015-03-09, (Electronic version filed on 2015-03-12) | Her Majesty the Queen |
| 2015-03-09 | Appellant's factum, (Book Form), Completed on: 2015-03-09, (Electronic version filed on 2015-03-12) | Her Majesty the Queen |
| 2015-01-14 | Notice of appeal, Completed on: 2015-01-14, (Electronic version filed on 2015-01-16) | Her Majesty the Queen |
| 2015-01-13 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2015-01-12 |
Order by, CJ, IT IS HEREBY ORDERED THAT: 1. The appellant shall serve and file her record, factum and book of authorities on or before March 9, 2015. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 30, 2015. 3. The appellant and the respondent shall serve and file any responses to the motions for leave to intervene on or before April 7, 2015. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before April 9, 2015. 5. The respondent shall serve and file his record, factum and book of authorities on or before April 20, 2015. 6. Any interveners who are granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factums and books of authorities on or before May 1, 2015. Granted |
|
| 2014-12-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-12-19 | Judgment on leave sent to the parties | |
| 2014-12-18 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the respondent’s response is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002992-134, 2014 QCCA 1061, dated May 15, 2014 is granted without costs. Granted, without costs |
|
| 2014-12-18 |
Decision on motion to extend time Granted |
|
| 2014-11-10 | All materials on application for leave submitted to the Judges, CJ Cro Wa | |
| 2014-11-10 | Submission of motion to extend time, CJ Cro Wa | |
| 2014-09-23 | Certificate (on limitations to public access) | Tommy Lacasse |
| 2014-09-18 | Motion to extend time, (Book Form), (Included in the respondent's response on the application for leave to appeal), to serve and file the response (included in the Response), Completed on: 2014-09-18 | Tommy Lacasse |
| 2014-09-18 | Book of authorities, (Book Form) | Tommy Lacasse |
| 2014-09-18 | Respondent's response on the application for leave to appeal, (Book Form), (Motion to ext. time included) Form 23A missing, Completed on: 2014-09-25, (Electronic version filed on 2014-09-18) | Tommy Lacasse |
| 2014-08-13 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED AUGUST 13, 2014 | |
| 2014-08-13 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2014-08-13 | Application for leave to appeal, (Book Form), Completed on: 2014-08-13, (Electronic version filed on 2014-08-13) | 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 |
|---|---|---|
| Lacasse, Tommy | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Alberta | Intervener | Active |
Counsel
Party: Her Majesty the Queen
Counsel
Audrey Roy-Cloutier
300, boul. Jean-Lesage
bureau 2.55
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3500 Ext: 42210
FAX: (418) 646-4919
Email: regis.boisvert@dpcp.gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.gouv.qc.ca
Party: Lacasse, Tommy
Counsel
Geneviève Bertrand
400, boul. Jean-Lesage
bureau 310
Québec, Quebec
G1K 8W1
Telephone: (418) 525-0007
FAX: (418) 525-0008
Email: alain@dumasgagne.com
Agent
88, rue de la Cédrière
Gatineau, Quebec
J9H 2T4
Telephone: (819) 557-0750
FAX: (819) 557-0768
Email: bergeron.gaudreau@videotron.ca
Party: Attorney General of Alberta
Counsel
3rd Floor, Bowker Building
9833-109 Street
Edmonton, Alberta
T5K 2E8
Telephone: (780) 643-1857
FAX: (780) 422-1106
Email: joanne.dartana@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.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 - Considerations - Impaired driving causing death - Whether Court of Appeal erred in adopting inflexible range of sentences based on strict categories, one that if departed from in any way would result in non-deferential intervention - Whether Court of Appeal erred in giving precedence to principle that sentence should be similar to sentences imposed on similar offenders rather than considering local situation in Beauce region, which is affected more than others by impaired driving offences - Whether Court of Appeal erred in refusing to admit fresh evidence filed by appellant.
The respondent, Tommy Lacasse, pleaded guilty to two counts of impaired driving causing death. On June 17, 2011, at about 4:00 a.m., the respondent, who was then 18 years old, was driving his car when it veered off the roadway on a curve at Sainte-Aurélie in the Beauce region. Two passengers in the back seat, Nadia Pruneau, who was celebrating her 18th birthday that night, and Caroline Fortier, 17, died instantly. An agreed statement of facts filed for sentencing purposes showed that the respondent had drunk several beers as well as vodka that night before taking the wheel. The collision investigation report showed that the respondent’s vehicle was travelling at 130 km/h when it entered the curve, whereas the recommended speed was 75 km/h. The vehicle skidded, then spun in the air several times before striking the ground three times.
The respondent was sentenced to imprisonment for six years and six months, and to a prohibition from operating any motor vehicle in Canada for a period of eleven years. The Court of Appeal allowed the respondent’s appeal, reducing the sentence to imprisonment for four years and a prohibition from operating a motor vehicle for four years after the period of imprisonment.
Lower court rulings
Court of Quebec
2013 QCCQ 11960, 350-01-025033-116
see file
Court of Appeal of Quebec (Québec)
200-10-002992-134, 2014 QCCA 1061
see file
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
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