The Court of Appeal of Quebec, the Superior Court of Quebec, the Court of Quebec, the Human Rights Tribunal, the Professions Tribunal, the Ministère de la Justice of Quebec and the Société québécoise d'information juridique are pleased to offer unofficial English translations of their selected judgments. Learn more.
The victim surcharge under section 737 Cr.C. does not constitute cruel and unusual punishment and therefore does not violate section 12 of the Canadian Charter of Rights and Freedoms
A new trial is ordered for the appellant, who was convicted of invitation to sexual touching under section 152 Cr.C.; the trial judge dealt with the case as though the appellant had been charged with an indictable offence related to sexual interference under section 151 Cr.C., which was not the case, and failed to analyze the essential elements of the offence with which he was charged
The wording of section 222(5)(c) Cr.C. targeting the objectively dangerous behaviour of one whose actions (threat, fear of violence, deception) lead another person to do anything that causes his death is sufficiently clear; the trial judge correctly refused to declare that provision to be inoperative
The freeze orders on the respondent’s assets made by the Tribunal in 2009 and extended several times since then are once again extended because the respondent has failed to establish that the initial reasons for the orders have ceased to exist, as required by section 250 of the Securities Act, and because the AMF’s investigation is continuing
The appellants, convicted of driving over the legal limit, have failed to demonstrate an error by the Superior Court judge in his interpretation of R. v. St-Onge Lamoureux (2012 SCC 57), in particular with respect to the notion of evidence to the contrary to rebut the presumption under s. 258(1)(c) Cr.C.
The joint submission of the parties to sentence the accused, who pleaded guilty to breaking and entering into a dwelling-house, to four years of penitentiary, which falls below the range of prison sentences usually imposed, is not so unreasonable that it would bring the administration of justice into disrepute
The environment where the alleged offences occurred and the nature of the activities unfolding there at the time of the arrest must be taken into consideration when determining what constitutes a public park and whether a prohibition order concerning sexual offenders under section 161 Cr. C. was violated
A stay of proceedings is ordered in the cases of accused arrested in the Promu project for drug trafficking because of the unreasonable delay attributable in particular to the manner in which the prosecution managed the consequences of the arrest of the police officer who started the investigation
Convicted of defrauding 69 victims of over $3 million through a Ponzi scheme, the accused must serve 40 months’ imprisonment, a sentence that is in line with those handed down to other offenders who have committed large-scale fraud
It would be contrary to the public interest to discharge the accused, who was convicted of criminal harassment against his former spouse; moreover, avoiding a conviction would void the sentence of the message of societal condemnation
The youth, charged with possession of drugs following a search of his bedroom without warrant, fails to demonstrate that his rights under ss. 8 and 10(b) of the Canadian Charter of Rights and Freedoms have been violated; the evidence is therefore not excluded