Case information
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39370
Her Majesty The Queen v. J.D.
(Quebec) (Criminal) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-05-04 | Appeal closed | |
| 2022-04-22 |
Written reasons rendered after oral judgment, CJ Mo Ka Côt Br Row Mar Kas Ja Allowed |
|
| 2021-11-24 |
Transcript received, 77 pages require: hard copy (rec'd 2021-11-30) |
|
| 2021-11-12 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-11-19) | Her Majesty The Queen |
| 2021-11-12 | General proceeding, (Letter Form), Case Sensitivity Questionnaire, (Printed version due on 2021-11-19) | J.D. |
| 2021-11-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2021-11-10 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2021-11-10 | Judgment reserved OR rendered with reasons to follow | |
| 2021-11-10 |
Judgment on the appeal rendered, CJ Mo Ka Côt Br Row Mar Kas Ja, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006564-171, 2020 QCCA 1108, dated September 2, 2020, was heard on November 10, 2021, and the Court on that day delivered the following judgment orally: [TRANSLATION] THE CHIEF JUSTICE — We are all of the view that the appeal should be allowed, the convictions on counts 1 and 2 concerning C.D. and 9 to 13 concerning S.D. restored, the sentences on counts 1 and 2 and 9 to 13 restored, and J.D. ordered to report to prison authorities in the next 48 hours. Reasons to follow. Allowed |
|
| 2021-11-10 |
Hearing of the appeal, 2021-11-10, CJ Mo Ka Côt Br Row Mar Kas Ja Judgment rendered |
|
| 2021-11-08 | Certificate (on limitations to public access), 23B - Reply | Her Majesty The Queen |
| 2021-11-05 | Appellant's condensed book, (Book Form), (Electronic version filed on 2021-11-08) | Her Majesty The Queen |
| 2021-11-05 | Respondent's condensed book, (Book Form), (Printed version filed on 2021-11-05) | J.D. |
| 2021-11-03 | Correspondence (sent by the Court) to, Registration link and instructions for upcoming November Zoom hearing | |
| 2021-10-20 | Certificate (on limitations to public access), (Letter Form), 23B - Motion for Extension of Time, (Printed version due on 2021-10-27) | J.D. |
| 2021-10-20 | Notice of appearance, (Letter Form), Nicolas Abran et Isabelle Bouchard are appearing and presenting oral argument at the hearing. , (Electronic version filed on 2021-10-20) | Her Majesty The Queen |
| 2021-10-20 | Notice of appearance, (Letter Form), Martin Binet will appear and present oral argument at the hearing. , (Printed version due on 2021-10-27) | J.D. |
| 2021-10-19 | Notice of appearance, (Letter Form), James V. Palangio and Nicolas de Montigny will appear at the hearing. Mr. Palangio will present oral argument. , (Printed version due on 2021-10-26) | Attorney General of Ontario |
| 2021-10-19 | Order on motion to extend time, by DAVID POWER | |
| 2021-10-19 |
Decision on motion to extend time, DeRg, À LA SUITE DE LA DEMANDE présentée par l’intimé en vue d’obtenir la prorogation du délai de signification et de dépôt de son mémoire au 13 septembre 2021, et pour une ordonnance autorisant la permission de présenter une plaidoirie orale lors de l’audition de l’appel, en vertu de la règle 71(3) des Règles de la Cour suprême du Canada; ET APRÈS EXAMEN des documents déposés; IL EST ORDONNÉ CE QUI SUIT : La requête est accueillie. Granted |
|
| 2021-10-19 | Submission of motion to extend time, DeRg | |
| 2021-10-14 |
Motion to extend time, (Book Form), Missing: Filing Fee Form 23B (rec' 10/20/21), Incomplete, (Printed version due on 2021-10-21) |
J.D. |
| 2021-10-07 | Intervener's factum, (Book Form), Completed on: 2021-10-14, (Printed version filed on 2021-10-13) | Attorney General of Ontario |
| 2021-09-13 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version filed on 2021-09-13) | J.D. |
| 2021-09-13 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-09-13) | J.D. |
| 2021-09-13 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-09-13) | J.D. |
| 2021-09-13 |
Respondent's factum, (Book Form), Corrected Factum rec'd 2021-09-16 REQUIRED: - Motion to extend time to serve (rec'd 10/14/21) - Amended factum (part VI missing) (rec'd 2021/11/05), Completed on: 2021-10-27, (Printed version filed on 2021-09-16) |
J.D. |
| 2021-08-26 | Order on motion for leave to intervene, by MOLDAVER J. | |
| 2021-08-26 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above 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 a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before October 7, 2021. The said intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 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 the respondent any additional disbursements resulting from their intervention. Granted |
|
| 2021-08-26 | Submission of motion for leave to intervene, Mo | |
| 2021-08-17 | Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2021-08-24) | Her Majesty The Queen |
| 2021-08-06 |
Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 09/08/21) Proof of Service (rec' 08/10/21), Completed on: 2021-09-20, (Printed version filed on 2021-08-12) |
Attorney General of Ontario |
| 2021-07-12 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2021-07-12) | Her Majesty The Queen |
| 2021-07-12 |
Certificate (on limitations to public access), (Letter Form), Form 23A , included PV - 2016-03-29, (Printed version filed on 2021-07-12) |
Her Majesty The Queen |
| 2021-07-12 | Appellant's book of authorities, (Book Form), Completed on: 2021-08-11, (Printed version filed on 2021-07-12) | Her Majesty The Queen |
| 2021-07-12 |
Appellant's record, (Book Form), (8 volumes), Required: Form 24A (rec' 08/17/21) Proof of service (rec'd 2021-08-11), Completed on: 2021-08-23, (Printed version filed on 2021-07-12) |
Her Majesty The Queen |
| 2021-07-12 | Appellant's factum, (Book Form), Require : proof of service (rec'd 2021-08-11), Completed on: 2021-08-12, (Printed version filed on 2021-07-12) | Her Majesty The Queen |
| 2021-06-28 | Notice of hearing sent to parties | |
| 2021-06-28 |
Appeal hearing scheduled, 2021-11-10 Judgment rendered |
|
| 2021-05-17 | Certificate (on limitations to public access), (Letter Form), Form 23B - Notice of Appeal, (Printed version due on 2021-05-25) | Her Majesty The Queen |
| 2021-05-17 | Certificate (on limitations to public access), (Letter Form), Form 23A - Notice of Appeal, (Printed version due on 2021-05-25) | Her Majesty The Queen |
| 2021-05-17 | Notice of appeal, Completed on: 2021-06-24 | Her Majesty The Queen |
| 2021-05-06 | Correspondence received from, (Letter Form), Me Dominik Robinson, informing the Court he doesn't represent the Appellant in this appeal. | J.D. |
| 2021-05-05 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2021-04-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-04-16 | Judgment on leave sent to the parties | |
| 2021-04-15 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-006564-171, 2020 QCCA 1108, dated September 2, 2020, is granted. Granted |
|
| 2021-04-15 |
Decision on motion to extend time, see decision on application Granted |
|
| 2021-03-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-03-15 | Submission of motion to extend time, for consideration by the Court | |
| 2021-01-12 | Certificate (on limitations to public access), Form 23B - Response | J.D. |
| 2020-12-17 | Respondent's response on the application for leave to appeal, (Book Form), Missing: Form 23B . Rec'd 2021-01-12, Completed on: 2021-03-12, (Printed version due on 2020-12-24) | J.D. |
| 2020-12-04 | Certificate (on limitations to public access), (Letter Form), 23B - Motion - Respondent, (Printed version due on 2020-12-11) | J.D. |
| 2020-12-04 | Certificate (on limitations to public access), (Letter Form), 23A - Motion - Respondent, (Printed version due on 2020-12-11) | J.D. |
| 2020-12-04 | Motion to extend time, (Letter Form), Completed on: 2020-12-04, (Printed version due on 2020-12-11) | J.D. |
| 2020-11-05 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 11/05/20 | |
| 2020-10-30 | Certificate (on limitations to public access), (Letter Form), 23B | Her Majesty The Queen |
| 2020-10-30 | Certificate (on limitations to public access), (Letter Form), 23A - Amended Form 23A required - rec' 2020-11-05, (Printed version due on 2020-11-06) | Her Majesty The Queen |
| 2020-10-30 |
Application for leave to appeal, (Book Form), Missing: Amended Form 23A - rec' 2020-11-05 received: -separate CA Order & indictment (previously rec'd as part of complete application) - rec'd 2021-05-17, Completed on: 2021-03-16, (Printed version due on 2020-11-06) |
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 |
|---|---|---|
| J.D. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Her Majesty The Queen
Counsel
Nicolas Abran
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Party: J.D.
Counsel
225, montée Paiement, 2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 503-2190
FAX: (819) 771-5397
Email: m.binet@noelassocies.com
Party: Attorney General of Ontario
Counsel
Nicolas de Montigny
Crown Law Office - Criminal
720 Bay Street, 10th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: james.palangio@ontario.ca
Summary
Keywords
Criminal law - Trial - Continuation of proceedings - Evidence - Parties agreeing to have transcript of testimony given at first trial filed before new judge - Whether Court of Appeal erred in interpreting and applying s. 669.2 of Criminal Code by imposing test unknown to law in order to assess value of consent of accused to filing in second trial of transcript of testimony given previously - Criminal Code, R.S.C. 1985, c. C 46, s. 669.2.
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 ON PARTY)
The respondent was charged in 2012 with 18 sexual offences committed against minors, including his children C.D. and S.D., between 1979 and 1993. The trial began before a first judge of the Court of Québec. Complainant C.D. testified for two days. The first judge then fell sick, and the case was transferred to a new judge under s. 669.2 of the Criminal Code, R.S.C. 1985, c. C 46. The parties agreed that the transcripts of the two days of C.D.’s testimony would be given to the new judge. The new judge convicted the respondent on nine counts, ordered a conditional stay of proceedings on two counts and acquitted the respondent on seven other counts. The respondent was sentenced to a total of 70 months’ imprisonment.
The respondent appealed against the convictions and applied for leave to appeal the sentence. The Court of Appeal allowed the appeal on one of the five issues that had been raised. In its view, the trial judge, who had continued the trial commenced before another judge under s. 669.2(3) Cr.C., should not have accepted that C.D.’s testimony be filed without ensuring that the consent of the respondent was free, informed and unequivocal and that the filing of C.D.’s testimony would not affect the fairness of the trial. The Court of Appeal therefore ordered a new trial on the counts with respect to complainants C.D. and S.D. (seven of the nine counts for which the respondent had been convicted at trial). The Court of Appeal granted the motion for leave to appeal the sentences, set aside the sentences on the counts relating to complainants C.D. and S.D. and affirmed the sentence on the other counts.
Lower court rulings
Court of Quebec
2017 QCCQ 19515, 550-01-065950-125
See file.
Court of Appeal of Quebec (Montréal)
2020 QCCA 1108, 500-10-006564-171
See file.
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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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.
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