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37779

Michel Ledoux 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2018-02-01 Close file on Leave
2018-01-25 Transcript received, 19 pages.
2018-01-18 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-01-18 Judgment on leave sent to the parties
2018-01-16 Judgment of the Court on the application for leave to appeal,
After hearing the parties on the leave application on January 16, 2018, the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-005668-148, 2017 QCCA 1041, dated July 3, 2017, is dismissed.
Dismissed
2018-01-16 Hearing of the appeal, 2018-01-16, CJ Abe Mo Ka Ga Côt Br Row Mar
Judgment rendered
2018-01-05 Notice of appearance, (Letter Form), Thomas Villeneuve-Gagné and John T. Pepper Jr. will be appearing. Mr. Villeneuve-Gagné will be presenting oral argument. Michel Ledoux
2018-01-04 Notice of appearance, (Letter Form), Christian Jarry will be appearing and presenting oral argument. Her Majesty the Queen
2018-01-03 Appeal hearing scheduled, 2018-01-16, (ORAL HEARING ON THE APPLICATION)
Judgment rendered
2017-12-21 Judgment on leave sent to the parties
2017-12-21 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-12-14 Decision on the miscellaneous motion, An oral hearing of the application for leave to appeal is ordered in accordance with s. 43(1.2) of the Supreme Court Act, R.S.C., 1985, c. S-26. The hearing date will be fixed by the Registrar.
Oral hearing ordered
2017-11-14 Submission of miscellaneous motion, for consideration by the Court
2017-11-14 All materials on application for leave submitted to the Judges, for consideration by the Court
2017-11-02 Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-11-02 Michel Ledoux
2017-10-25 Certificate (on limitations to public access), (Letter Form) Her Majesty the Queen
2017-10-25 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-25 Her Majesty the Queen
2017-10-04 Letter acknowledging receipt of a complete application for leave to appeal, File opened on 2017-10-04
2017-09-29 Supplemental document, (Book Form), (18 volumes), Court of appeal factums (Volume 2 to 16 - Volume 1 and respondent factum rec'd on 2017-10-04) , Completed on: 2017-09-29 Michel Ledoux
2017-09-29 Notice of miscellaneous motion, (Letter Form), Oral hearing requested, Completed on: 2017-09-29 Michel Ledoux
2017-09-29 Certificate (on limitations to public access) Michel Ledoux
2017-09-29 Application for leave to appeal, (Book Form), Amended notice requested - Rec'd on 2017-10-20, Completed on: 2017-10-20 Michel Ledoux

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

Main parties - Appellants
Name Role Status
Ledoux, Michel Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Ledoux, Michel

Counsel
Thomas Villeneuve-Gagné
John T. Pepper Jr.
Pepper et Associés
Penthouse 2.00
30, rue Berlioz
Verdun, Quebec
H3E 1L3
Telephone: (514) 288-3322
FAX: (514) 843-8415
Email: pepperetassocies@videotron.ca

Party: Her Majesty the Queen

Counsel
Christian Jarry
Poursuites criminelles et pénales du Québec
1 Notre-Dame Est
Bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52050
FAX: (514) 873-9895
Email: christian.jarry@dpcp.gouv.qc.ca
Agent
Sandra Bonanno
Directeur des poursuites criminelles et pénales du Québec
17, rue Laurier
bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60446
FAX: (819) 772-3986
Email: sandra.bonanno@dpcp.gouv.qc.ca

Summary

Keywords

Criminal law — Interception of private communications — Director of police force wiretapping certain rooms in police station in response to being harassed — Self defence — Whether Court of Appeal erred in concluding that defence raised by applicant was defence of mistake of law, not mistake of fact — Whether Court of Appeal erred in concluding that trial judge had erred in law by leaving self defence to jury.

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 accused was the director of the police force for the city of Mont Tremblant. When the collective agreement expired, the work atmosphere became more acrimonious. The accused was repeatedly subjected to intimidation and acts of vandalism. In response, he installed recording devices at the police station and in the room where the negotiations with the union for the renewal of the collective agreement took place. He was charged with interception of private communications within the meaning of the Criminal Code.

The jury acquitted the accused. It was argued that he had made a mistake with respect to the facts that would entitle him to intercept the communications and that he had acted in self defence in response to the intimidation directed against him. The Court of Appeal set aside the acquittal and ordered a new trial.

Lower court rulings

May 15, 2014
Superior Court of Quebec

700-01-110072-124

Applicant acquitted

July 3, 2017
Court of Appeal of Quebec (Montréal)

2017 QCCA 1041, 500-10-005668-148

Appeal allowed; verdict of acquittal set aside; new trial ordered

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

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Date modified: 2024-10-03