I was honoured to represent two wonderful organizations in the Supreme Court of Canada | Cour suprême du Canada as part of a fabulous counsel team of Neha Chugh who made compelling oral submissions today for our clients, and Kathryn Campbell and Uttra Sarah G.! Smiles all around and hoping for a positive outcome in this very important case. R v. Keven Boily (pub ban in effect).
Also congrats to Jolene Hansell on equally excellent submissions as she represented the Criminal Lawyers’ Association together with Brendan Coffey.
Smiles all around and hoping for a positive outcome in this very important case. R v. Keven Boily (pub ban in effect).
You can learn more about this case here:
42025
His Majesty the King v. Keven Boily
(Quebec) (Criminal) (By Leave)
(Publication ban in case)
On this SCC case information site you will also find our Factum, the Factum of the Interveners
Intervener Akwesasne-Justice-Department-and-Mental-Health-Legal-Advocacy-Coalition.pdf
CASE SUMMARY
(PUBLICATION BAN IN CASE)
Mr. Boily and the victim were a couple; he was 23 years old, and she was 16 years old. While the couple was travelling by car, the victim asked to get out. Mr. Boily stopped on the side of the road and let her get out, after first holding her back by the arm. She walked for a moment, but then finally got back in the car. When they arrived at Mr. Boily’s apartment, he threatened to push the victim from the second floor. Fearing that he would carry out his threat, she sat on the floor and felt the respondent’s hand push her back. She grabbed hold of the banister, and Mr. Boily finally held her back to prevent her from falling. They entered the apartment, and she informed him that she was ending the relationship. Mr. Boily pushed her: she banged her head and ear against the hood of the stove. When the victim took refuge in Mr. Boily’s bedroom, he followed her, threw himself on top of her and tried to strangle her. The victim ran away from the apartment, but Mr. Boily chased her. He eventually caught up to her, grabbed her by the hair and threw her to the ground. He then threw her cell phone, breaking it. She started running again, but he caught up to her, pinned her to the ground and strangled her. Mr. Boily let go of her again, and she found refuge in a building, where she called for help. The police intervened with Mr. Boily, who behaved very aggressively during his arrest. He hit one of the officers in the head three times. At various times, he sent death threats against the victim through third parties. One year after these events, in a separate case, Mr. Boily was arrested for violating his curfew and for being in possession of cannabis and cocaine. Mr. Boily pleaded guilty.
The Court of Québec ordered a conditional discharge with three years’ probation, two with supervision. Mr. Boily’s best interests were not in issue. Regarding the public interest, the trial judge was of the opinion that the case lent itself to being an exception where discharge was possible. A majority of the Court of Appeal was of the opinion that the sentence imposed was not unreasonable and that conditional discharge was not contrary to the public interest. According to the majority, the trial judge had not committed an error in his analysis of the mitigating and aggravating circumstances and had not committed an error in principle in his assessment of the evidence concerning Mr. Boily’s mental health. In dissent, Ruel J.A. was of the opinion that intervention was warranted. The trial judge had not considered all the relevant provisions and the totality of the aggravating factors codified in the Criminal Code.
