HER MAJESTY THE QUEEN Appellant v. SERGE TURBIDE, 2011 FCA 324

Federal Court of Appeal Cour d’appel fédérale Federal Court of Appeal Cour d’appel fédérale Date: 20111122 Docket: A-356-11 Citation: 2011 FCA 324 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” J.A. 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