M You are still employed by Me Jean-Claude Van Damme, who currently has a good volume of files in criminal law. He asks you to answer one or more questions for each of these files.
You will have to send a memo (Word file) to Me Van Damme in which you will answer all these questions and indicate your sources. You may have to do some research.
LUC LANDRY (FILE #5478-2)
Luc Landry was arrested on Saturday, June 14, 2020 in Montreal for common assault on his neighbor. He is in an advanced state of intoxication. He has no criminal record. Given Luc’s condition, the police officer does not release him and takes him to the police station where he is locked up.
Around 5:00 a.m. on June 15, 2020, the officer in charge of the station noticed that Luc had become sober again. He plans to release him under certain conditions, including not communicating with his neighbor and respecting a curfew from 8:00 p.m. to 7:00 a.m.
What can Luc Landry do to have the curfew removed?
Legal Study
Legault Arruda & Associates
Graduation project – Paralegal Technology – JCA.1F
College CDI. Administration. Technology. Health.
As part of your Graduation Project, you will be required to work and respond to all requests from
the Legault Arruda & Associates study. This is an office that brings together lawyers practicing in
several areas of law as well as notaries.
You will have to respect all the notions learned in class in order to submit your duly completed
files to your employer.
Your files will be sent to you in phases with deadlines to be respected. Any delay will be penalized
according to the number of days.
When you hand in your completed files or ask questions to your employer, you must write a
professional e-mail that respects all the rules seen in class, including the confidentiality notice and
the complete address block.
Phase 9: Criminal Law Research and Drafting
M You are still employed by Me Jean-Claude Van Damme, who currently has a good volume of
files in criminal law. He asks you to answer one or more questions for each of these files.
You will have to send a memo (Word file) to Me Van Damme in which you will answer all these
questions and indicate your sources. You may have to do some research.
LUC LANDRY (FILE #5478-2)
Luc Landry was arrested on Saturday, June 14, 2020 in Montreal for common assault on his
neighbor. He is in an advanced state of intoxication. He has no criminal record. Given Luc’s
condition, the police officer does not release him and takes him to the police station where he is
locked up.
Around 5:00 a.m. on June 15, 2020, the officer in charge of the station noticed that Luc had become
sober again. He plans to release him under certain conditions, including not communicating with
his neighbor and respecting a curfew from 8:00 p.m. to 7:00 a.m.
What can Luc Landry do to have the curfew removed?
JEAN PRIMEAU (FILE #5479-1)
Jean Primeau received a summons to appear in court on Thursday, July 5, 2020. The summons
indicates that he must appear to answer to the following charge:
“On or about April 12, 2020, unlawfully assaulted Pierre, causing him bodily
harm, contrary to section 267(b) of the Criminal Code of Canada. »
Will Jean Primeau’s presence be necessary during his appearance?
Can he be detained during the proceedings?
MARTIN PROULX (FILE #1254-1)
At 3am, Claudette Dupuis, a policewoman, patrols the streets of the city of Montreal. She sees a
vehicle travelling at low speed and zigzagging.
Claudette Dupuis decides to intercept the vehicle. She turns on her flashing light and the vehicle
stops. Claudette Dupuis arrives at the door and notices that the driver, Martin Proulx, is showing
all the signs of a person in a state of intoxication: strong alcoholic breath, red eyes, difficulty
expressing himself, etc. She sees the car and decides to stop.
However, Claudette Dupuis did not notice, at first glance, any bottles of alcohol in the vehicle, nor
did she notice any gestures by the driver to conceal them.
She decided to stop her for driving while her driving ability was impaired by the effect of alcohol.
Is the interception of the vehicle legal?
What are the penalties for this offence?
Would your answer to the previous question be the same if Martin Proulx had already been
convicted of impaired driving in recent years?
LUC DION (FILE 3321-1)
Luc Dion has been in charge of administrative management and, in particular, has been responsible
for the bookkeeping of a company’s books since February 2, 2020.
Roméo Cyr, the owner of the company, passed away on May 2, 2020 after a long illness and left
his business to his son, René Cyr. After Roméo Cyr’s death, Luc Dion drew 10 cheques payable to
him by forging the signature of the person authorized, Jean Cardin, to sign the cheques for a total
of $450,000.
The cheques were made on a regular basis. This scheme lasted from May 2020 to June 1, 2020,
when he was fired when the accountant and Jean Cardin notified René Cyr of serious irregularities
in the company’s books.
A police investigation was held. An expert in handwriting analysis filed a report in which he
concluded that Jean Carin’s signature appearing on the cheques was that of Luc Dion. Following
the search, the investigators obtained Luc Dion’s statement of bank transactions for the period from
May 2020 to June 1, 2020, and it appears that the 10 cheques were deposited and cashed by Luc
Dion. The case is being handled by Me Lise Julien, criminal and penal prosecutor.
Under which section(s) of the Criminal Code will Me Lise Julien prosecute Luc Dion?
State the elements constituting the burden of proof (actus reus and mens rea) of Me Lise
Julien for the most serious offence.
PAUL GAUTHIER (FILE #7851-2)
On October 3, 2019, in Rimouski, a field hockey game of the Quebec Junior AAA league opposes
the local team to the Montreal Juniors. During the third period, a fight takes place between Paul, a
strong player from Montreal, and a player from Rimouski. The referees punish them and order
Paul’s expulsion for the rest of the game.
He goes to the locker room and takes a shower. Dressed in civilian clothes, he comes back to see
the end of the game. During a stoppage of play, Pierre, a Rimouski player, crosses Paul’s gaze in
the stands and he signals to him that he is a little afraid for having attacked a small player during
the fight. Paul, furious, rushes at full speed towards the skating rink’s bay window where Peter is
skating, opens the door, grabs him, lifts him off the ice to pull him towards the bleachers and
punches him in the face with a violent blow.
According to Dr. Louis Viens, Pierre’s jaw was broken in two places and he lost a tooth. After a
police investigation, the case was handed over to Me Luce Sirois, prosecutor for criminal and penal
proceedings.
Under which section(s) of the Criminal Code will Me Luce Sirois prosecute Paul Gauthier?
State the elements constituting the burden of proof (actus reus and mens rea) of Me Luce
Sirois for the most serious offence.
Could Paul be completely acquitted in the event that a judge decides that it is not a question
of bodily harm?
Can Paul present a defence of provocation?
PIERRE BLEAU (FILE #6666-2)
On Friday, September 4, 2019, Pierre Bleau drives a truck with a 58-foot trailer attached. On the
trailer, there is a load of wood. It is on route 117 towards Montreal. He is driving at a speed of 100
km/h. Three kilometers from a very sharp curve, a sign indicates that the speed to take this curve
is 60 km/h. There is a second sign to the same effect one kilometer from the curve. As Pierre
approaches the curve, he decides not to slow down because he is in a hurry.
Towards the middle of the curve, the truck-trailer is pulled away and Pierre turns right. At this
point, the truck and the trailer make a V, the wood load tips over and hits a vehicle coming in the
opposite direction. The occupant of the vehicle, Luc Valois, died.
The truck and trailer were not affected by any mechanical defect. According to the collision
analysis expert, it was the speed and the heavy load that caused the load to overturn.
Me Jean Roy, prosecutor for criminal and penal proceedings, decides to lay a charge of dangerous
driving causing the death of Luc Valois.
Which section(s) of the Criminal Code should Me Jean Roy consult to determine the
elements constituting the burden of proof?
YVES LEDUC (FILE #7784-2)
On June 27, 2020, Jule Simard is on the street with her cousin and her boyfriend. Yves Leduc, her
neighbor with whom relations are strained, arrives at the wheel of a motorcycle and passes very
close to them at high speed.
When he stops, Jules tells him that he has been driving very close to them and that he is in danger
of hitting them. Yves immediately replied: “You, I’m going to put a bullet in your head, you’re
going to end up like your dog with a bullet in your head. “However, not long before, one of Jules’
dogs was killed by a gunshot. Yves adds that “the contract on his head is already given. “Jules
feared these threats so much that he filed a complaint with the police. The case was entrusted to
Me Guy Jutras, public prosecutor for criminal and penal proceedings.
Under which section(s) of the Criminal Code will Me Guy Jutras prosecute Yves Leduc?
Can Yves Leduc be acquitted if he testifies in his defense that he did not intend to carry out
his threat?
Can Yves Leduc be acquitted if he presents a defence that a reasonable person would not
have feared for his safety?
ROBIN DUBÉ (FILE #2121-1)
While walking down the street, Robin Dubé met Line Gauthier. He finds her pretty, although she
looks young. Given that she is very tall and given the late hour, he does not ask himself any more
questions.
The discussion quickly turns to the subject of sexual acts. Robin convinces Line to go to his house
where they will both be alone, he tells her. Once there, they meet Gilles Moreau, who has come to
visit his friend Robin.
Line objects to Gilles’ presence and insists that he leave. She panics when she realizes that he
refuses to leave. Fearing the reaction of the two individuals, Line then feels obliged to perform
various sexual acts with the two friends.
At his trial, Robin, who is accused of sexually assaulting 13-year-old Line, says that he believed
Line was at least 16 years old and that he believed she was consenting to sex.
Is Robin’s defence of Line Gauthier’s age error admissible?
MAINVILLE BROTHERS (FILE #5874-1)
On March 14, 2020, brothers Arnaud, Benoit and Charles Mainville meet at the bar to drink a few
pitchers of beer in good company. The discussion quickly turns around the fact that they are all
three unemployed and especially without income. Arnaud suggests to his brothers to prepare an
illegal move to make some money. Without hesitation, Benoit and Charles accept and the three
brothers agree on the following plan: they will go and rob the Eastern branch of the Bank of
Quebec. Charles, who is less brave than his two brothers, will supply only two firearms and a stolen
car, while Arnaud and Benoit will enter the bank to empty the cash registers.
The discussion between the three brothers took place in the presence of waiter David who heard
everything.
What is the crime committed by the three Mainville brothers and in what capacity?
What penalties are they liable to?
JEAN-LOUIS DUVAL (FILE #9951-2)
Jean-Louis Duval is charged with first degree murder. At the trial, the judge gives the jury some
instructions regarding the assessment of the credibility of witnesses and the burden of proof. The
judge addresses the jury and says:
“First, if you believe the evidence of the accused, obviously you must acquit. Second, if you don’t
believe the accused’s testimony, you must find him or her guilty. »
After a few days of discussions, the jury found Jean-Louis Duval guilty of first-degree murder.
What should Me Van Damme do to ensure that his client’s rights are respected?
Work to be completed:
Using the skills learned in the Criminal Procedure and Evidence Law, Computerized Legal
Research and Legal Drafting courses, please first read the facts and do some research. Then,
you must write a memo to the attention of Me Van Damme in order to inform him of your
answers and sources for each of the files.
Additional instructions:
Be sure to follow the rules of the McGill Canadian Guide to Uniform Legal Citation ;
Pay particular attention to the quality of the written expression and the presentation of the
document (e.g. font, font size, margins, alignment, etc.).
Deadline for submission : _____11/30/2020 9h00_______________________________
