Category: Criminal law

Quebec looking at electronic surveillance of offenders serving conditional sentences

Nearly two years after the Quebec became the first jurisdiction in the country to introduce an electronic tracking system to thwart intimate partner violence, the provincial government is now considering the possibility of remotely following offenders serving sentences in the community.

Alleged Darknet Xanax Kingpin faces extradition

The “Darknet Xanax Kingpin,” ostensibly a Quebecer who allegedly sold over 15 million counterfeit Xanax tablets that were mainly exported to the United States, failed to thwart extradition proceedings against him after Quebec Superior Court dismissed his constitutional arguments.

Court’s approval of remediation agreement yields guidance but raises questions

A remediation agreement sanctioned by Quebec Superior Court, the second in Canada, sheds new guidance and fleshes out principles applicable to the unique regime but also raises concerns over the opaqueness of the process and the relatively hands-off approach by the court.

Impact of lengthy imprisonment on offender family’s is a mitigating factor

Impact of lengthy imprisonment on offender family’s is a mitigating factor, deems the Quebec Appeal Court

Giving the middle finger is a fundamental right, says judge

In the specific circumstances of this case, the Court is inclined to actually take the file and throw it out the window.

Man not criminally responsible because of sexsomnia

A 46-year old Montrealer accused of sexually assaulting a friend was found not criminally responsible for his actions after Court of Quebec Judge André Perreault found that he suffered from the rare disorder of sexsomnia.

Quebec Appeal Court increases sentence for sexually assaulting a child

A 21-year old school janitor who sexually assaulted a 13-year old child had his sentence increased to 15 months imprisonment from 90 days by a divided Quebec Court of Appeal after the majority held that the trial judge failed to prioritize denunciation and deterrence as overriding factors.

Man acquitted of sexual assault because professional secrecy was breached

A man convicted of sexually assaulting a four-year-old child was acquitted by the Quebec Court of Appeal after it held that a confession he made during therapy should have been protected by professional secrecy.

New trial ordered by Quebec Appeal Court for man convicted of sexual interference on a child

A new trial for a man convicted of sexual interference on a child was ordered by the Quebec Court of Appeal after it held that the trial judge’s refusal to allow the re-opening of the complainant’s cross-examination infringed his right to make full answer and defence.

Legal experts hope first remediation agreement under Criminal Code will lead to more

Legal experts hope that guidance provided by Quebec Superior Court in Canada’s first ever remediation agreement will prompt federal prosecutors and organizations to take advantage of the new way of settling criminal charges.

Murder charges stayed against former Quebec Appeal Court Justice

A public inquiry should be held to examine Quebec’s forensic laboratory following the decision by Quebec Superior Court to grant a stay in legal proceedings against former Quebec Court of Appeal Justice Jacques Delisle, according to a founding director of Innocence Canada, a non-profit organization that resolves wrongful-conviction cases.