A Court of Quebec judge declared the minimum mandatory sentence of four years imprisonment for discharging a firearm while being reckless to the life or safety of another person as unconstitutional and inoperative for an Aboriginal offender.
Criminal law
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Mandatory minimum sentence declared unconstitutional for Aboriginal accused
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Quebec appeal court upholds criminal negligence conviction
A Quebecer who was found guilty of criminal negligence causing the death of a passenger in a speed boat he was operating lost his bid to overturn his conviction after the Quebec Court of Appeal dismissed his argument that the victim’s death was caused by the boat’s faulty design.In a 25-page unanimous ruling that examined the reach of incriminating statements made to police while not being detained and the actus reus and mens rea required for criminal negligence causing death, the appeal court held that the verdict was not unreasonable or tainted by an error of law. The appellant was ordered to serve his 32-month prison sentence.
Tags: criminal negligence -
Quebec penal justice bill opens door to ID cards
To the consternation of criminal lawyers and the Quebec legal society, a new bill introduced by the Quebec government that seeks to modernize the province’s penal justice system hands peace officers new discretionary powers that would allow them to require identification and would sanction warrantless entry under “urgent circumstances” in a home. -
Former soldier loses appeal of constructive first degree murder
A former Canadian Armed Forces soldier found guilty of constructive first-degree murder who argued that the verdict was unreasonable and that the trial judge erred by dismissing his motion for a directed verdict of acquittal lost his case before the Quebec Court of Appeal.The decision reaffirms the growing body of jurisprudence over constructive first-degree murder and illustrates that a person accused of first-degree murder has nothing to lose when appealing even though arguments are clearly destined to fail, according to a criminal lawyer.
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Caregiver denied parole
Caregiver denied parole A Montreal man who was found guilty of manslaughter for killing his ailing wife in what he argued was a compassionate killing was denied parole even though he has served a sixth of his two-year sentence, minus a day.
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45-day sentence to refugees who entered into Canada illegally overturned by Quebec appeal court
Two days after the federal government proposed to make it tougher for asylum seekers from making refugee claims in Canada, the Quebec Court of Appeal overturned a 45-day prison sentence issued against a Colombian mother and son who pleaded guilty to unlawful entry into Canada.In a ruling that reiterated the principles of proportionality and the individualization of sentencing, the Quebec appeal court held that the 45-day sentence was “demonstrably unfit” and did not take into account the “particular situation” of the appellants who sought at first to claim refugee protection in Canada through legal channels. The appeal court substituted the imprisonment sentence with a conditional discharge and an 18-month probation order.
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Quebec Appeal Court provides more guidance over Mr. Big operations
The Quebec Court of Appeal ordered a new trial for a Quebec man convicted of second degree murder after it held that an out-of-court statement he made was involuntary, evidence yielded by a Mr. Big kind of operation was inadmissible and the trial judge should have given more detailed instructions to the jury.The decision, exceptionally published in French and English, appears to have slightly broadened the kind of cases that may fall into the Mr. Big category and provides a timely reminder that the confessions rule is not subject to a negative inquiry, according to criminal lawyers.
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Sexual assault conviction does not, in itself, justify dismissal
A string of recent decisions by the Quebec administrative labour tribunal should give pause to employers – and employees too for that matter.
Sexual assault convictions do not, in itself, justify the dismissal of an employee because of constitutional protections against discrimination based on criminal records, held two recent but separate decisions by the Quebec administrative labour tribunal.
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Troll sentenced to prison for inciting hate online following Quebec City mosque massacre
A troubled young Quebec City man who incited hate against Arabs by writing unapologetically “cruel and racist” rantings on social media hours after six people were shot dead and five wounded at a mosque in Quebec City in 2017 was sentenced to 60 days in prison.
The 20-year old arborist, who pled guilty, blamed his drug-induced intoxicated state for his online racist comments. He testified that he consumed cocaine, ketamine and MDMA at a rave. He also admitted during trial that he was “a bit racist” but was willing to make a public apology and make a donation in exchange for an absolute discharge.
Court of Quebec Judge Mario Tremblay would have none of it. The comments were heinous, issued at a time when victims, the Arab community and society were coping with grief, and were made repeatedly, held Judge Tremblay.
“Considering the context in which the comments were made and its contents, the sentence must be sufficiently severe to have a denunciation effect,” said Judge Tremblay in R. c. Huot 2018 QCCQ 4650. “The accused has no excuse. He made these comments repeatedly” during three days.
But Judge Tremblay made it plain that the accused was not sentenced because he still holds racist thoughts. Rather his deeply held personal views “wipe out the possibility” that his excuses are sincere and he failed to demonstrate a genuine awareness and recognition of the harm done to Arab community and society at large, added Judge Tremblay.
Echoing remarks made more than a decade ago in R. c. Presseault, 2007 QCCQ 384 by then Court of Quebec Judge Martin Vauclair, now a Quebec Court of Appeal Justice, Judge Tremblay lamented that he could not impose a stiffer sentence because of “choices made by the legislator.” The maximum sentence for inciting hate is two years imprisonment.
“The consequences associated with such remarks are latent, pernicious and could have an explosive impact on a fragile person susceptible of committing an illegal act,” concluded Judge Tremblay.
The arborist, the third person to be charged for inciting hate crimes following the Quebec City mosque shooting, will serve his sentence intermittently, on weekends.
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U.S. SEC obtains another order to freeze assets of alleged PlexCorps founder
The noose is tightening around Dominic Lacroix, a Quebec City businessman believed by Quebec’s financial watchdog and the U.S. Securities and Exchange Commission to be behind PlexCorps, a controversial cryptocurrency start-up accused of fraudulently selling millions of dollars’ worth of digital assets. -
Naturopath found guilty of manslaughter by Quebec Court of Appeal
In a highly unusual and exceptional decision, the Quebec Court of Appeal has overturned a Westmount naturopath’s acquittal and convicted her of manslaughter in the death of a patient that took place 10 years ago. -
Alleged PlexCorps founder ordered to hand bitcoins to Quebec financial watchdog
A Quebec City businessman believed by Quebec’s financial watchdog and the U.S. Securities and Exchange Commission to be behind PlexCorps, a controversial cryptocurrency start-up accused of fraudulently selling up to millions of dollars’ worth of tokens, has been ordered to hand all bitcoins in his possession within 48 hours, ruled the Quebec Financial Markets Administrative Tribunal. -
Quebec Court of Appeal comes down harder on pedophile
On December 2014 Cenan Rayo, a thirty-something Columbian native and the father of a ten-month old infant, sent an invitation on Facebook to a 12-year old girl to become his “friend.” Rayo, while not a family friend, knew the mother because they were part of a small Columbian community, and ran across each other in different places, including the local church. And so the girl who knew the man since she was five accepted the invitation.Tags: luring -
Investment counsellor fined $2.1 million
Nearly 10 years after Quebec’s financial watchdog launched penal proceedings against an investment consultant, a Court of Quebec judge fined Denis Patry $2.1 million after being found guilty of 89 counts of securities violations. -
Quebec expanding pilot program to prevent addicts convicted of crimes from reoffending
A pilot program that began six years ago to help Montreal alcoholics and drug addicts convicted of crimes from reoffending will be expanded across the province, announced Quebec Minister of Justice Stephanie Vallée.
The program, offered initially only to detainees while their cases were pending, will now be expanded to include people who are not detained while charged with a crime.
The court-supervised drug treatment program was a success, said Chief Justice of the Court of Quebec Lucie Rondeau. According to figures, 235 people with an average age of 38 were admitted to the program since 2012 after being found guilty of assault, breaking and entering, mischief and uttering threats.
“Despite their past, they were able to justify the treatment requirements (and) improve their psychological, physical and social condition,” said Chief Justice Rondeau. “They no longer consume, have a fixed address, a job or have returned to their studies.” Of the 235, 53 were able to meet the program’s objectives.
Offenders seeking to take part of the court-supervised drug treatment program however must meet certain criteria. They must admit to the crime, have no previous violent crimes, and the Crown must agree that the offender does not represent a danger to society. On top of that, the offender is required to undergo drug testing and show up in court regularly to prove they are making progress. Sentencing is delayed until offenders have achieved their goals, all of which is supervised by five Court of Quebec judges in Montreal.
Tags: Court-supervised program
