Court of Appeal of Quebec


July 12, 2017

Five judge panel to hear two appeals respecting judgments on motions for a stay of proceedings (the Jordan decision)

 July 12, 2017 – Over the course of the past year, the Court of Appeal of Quebec has opened several files concerning first instance judgements rendered with respect to motions for a stay of proceedings (see: Jordan and Cody). In light of the important issues raised by these appeals, the Court has arranged for a panel of five judges consisting of the Chief Justice as well as Justices Morissette, Hilton, C. Gagnon and Vauclair  to hear the following two appeals on this subject:

R. v. Rice, et al., 500-10-006267-163

R. v. Thanabalasingham, 500-10-006410-177

These files have been chosen to be part of a group of files that will be heard by the panel. Two and a half days (September 13th, 14th and the morning of the 15th) have been set aside on the roll for these appeals to be heard in the Lafontaine Courtroom.

The Chief Justice has also advised counsel in each file that the panel members would like to hear them with respect to how the “transitional exceptional circumstances” formulated in Jordan should be applied in the Quebec context. The Court has invited them to shed light upon the meaning of “the parties’ reasonable reliance on the law as it previously existed” and a “case … of moderate complexity in a jurisdiction with significant institutional delay problems” in Quebec.

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