Date: 20111122
Docket: A‑356‑11
Present: NOËL J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
SERGE TURBIDE
Respondent
Dealt
with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on
November 22, 2011.
REASONS FOR ORDER BY: NOËL
J.A.
Date: 20111122
Docket: A‑356‑11
Citation:
2011 FCA 324
Present: NOËL J.A.
BETWEEN:
HER MAJESTY THE QUEEN
Appellant
and
SERGE TURBIDE
Respondent
REASONS FOR ORDER
NOËL J.A.
[1]
The appellant is moving
for a stay of her appeal pending the Supreme Court’s decision in the appeal of Canada
v. Craig, 2011 FCA 22, [2011] F.C.J. No. 435. The respondent objects
to this motion. The appeal must be heard in March 2012. It is likely that the
Supreme Court’s dismissal of that appeal, as the case may be, will put an end
to this dispute (Appellant’s Reasons, paragraph 14; Respondent’s Reasons,
paragraph 15) and, in any event, the final outcome of this dispute will necessarily
be dictated by the forthcoming decision in that case.
[2]
In these circumstances,
these proceedings should be stayed until the Supreme Court delivers its
judgment.
“Marc Noël”
Certified true
translation
Sarah Burns
Federal
Court of Appeal
SOLICITORS
OF RECORD
DOCKET: A‑356‑11
STYLE OF CAUSE: HER
MAJESTY THE QUEEN v. SERGE TURBIDE
MOTION DEALT WITH IN WRITING WITHOUT
APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NOËL
J.A.
DATED: November 22,
2011
WRITTEN REPRESENTATIONS BY:
|
Pierre Archambault
|
For the Appellant
|
|
Dany Leduc
|
For the respondent
|
SOLICITORS OF RECORD:
|
Dunton Rainville
Montréal, Quebec
|
For the Appellant
|
|
Myles J.
Kirvan
Deputy Attorney General of Canada
|
For the respondent
|