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26646

Her Majesty the Queen v. Daniel Jolivet

(Quebec) (Criminal) (As of Right)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2014-10-28 Appeal closed
2014-10-27 Transcript received, 30 pages
2014-10-20 Decision on motion to extend time, Abe Ro Cro Mo Ka, THE COURT — Without prejudice to the outstanding judicial review proceedings in the Federal Court and after reviewing the extensive record, we are not persuaded that the Court should take the extraordinary step under Rule 76 of the Rules of the Supreme Court of Canada of rehearing the appeal which the Court decided 14 years ago.

Accordingly, the motion to extend the time to reopen the appeal under Rule 6(1) of the Rules of the Supreme Court of Canada is dismissed. The motion to present fresh evidence and the motion for a rehearing of the appeal are therefore moot.
Dismissed
2014-10-10 Hearing of motion to extend time, 2014-10-10, Abe Ro Cro Mo Ka
Decision rendered
2014-10-10 Appellant's condensed book, (Book Form), Filed in Court Her Majesty the Queen
2014-10-10 Judgment reserved OR rendered with reasons to follow
2014-10-07 Supplemental document, (Book Form), Authorities in support of motions (sent to the Court 2014-10-08), Completed on: 2014-10-07, (Electronic version filed on 2014-10-07) Daniel Jolivet
2014-10-07 Supplemental document, Annexe in support of the motion for a re-hearing and to file new evidence (sent to the Court 2014-10-08), Completed on: 2014-10-07 Daniel Jolivet
2014-09-12 Notice of appearance, Daniel Royer and Magalie Cimon will be present at the hearing. Her Majesty the Queen
2014-08-25 Notice of appearance, (Letter Form), Me Lida Sara Nourais and Me Nicholas St-Jacques will be present at the hearing of October 10, 2014. Daniel Jolivet
2014-06-04 Notice of hearing sent to parties
2014-06-04 Appeal hearing scheduled, 2014-10-10, ORAL HEARING ON MOTIONS, Start time 2 p.m.
Decision reserved
2014-05-06 Submission of motion to extend time, 2014-10-10, for a re-hearing and filing of new evidence, Abe Ro Cro Mo Ka
Decision rendered
2014-01-15 Response to the motion to adduce new evidence, (Book Form), extension of time requested, Completed on: 2014-01-20 Her Majesty the Queen
2014-01-15 Response to the motion for a re-hearing of the appeal, (Book Form), Completed on: 2014-01-15 Her Majesty the Queen
2014-01-15 Response to motion to extend time, (Book Form), to serve and file a motion for re-hearing (extension of time requested), Completed on: 2014-01-20 Her Majesty the Queen
2013-12-13 Motion to adduce new evidence, (Book Form), CD filed, Completed on: 2013-12-13 Daniel Jolivet
2013-12-13 Motion to extend time, (Book Form), to serve and file the motion for re-hearing, Completed on: 2013-12-13 Daniel Jolivet
2013-12-13 Motion for a re-hearing of the appeal, (Book Form), and for leave to file a cross-appeal (7 volumes), Completed on: 2013-12-19 Daniel Jolivet
2000-08-21 Appeal closed
2000-08-21 Record returned to the Registrar of the Court of Appeal
2000-06-08 Formal judgment sent to the registrar of the court of appeal and all parties
2000-06-05 Copy of formal judgment being prepared
2000-05-19 Notice of deposit of judgment sent to all parties
2000-05-18 Judgment on the appeal rendered, L'HD G McL Ba Bi, The appeal is allowed. The order of the Quebec Court of Appeal for a new trial is set aside and the guilty verdict against the respondent is restored. The cross-appeal is dismissed.
Allowed, no order as to costs
1999-03-08 Transcript received, and distributed to the justices (29 pages)
1999-02-19 Hearing of the appeal, 1999-02-19, video #V019, L'HD G McL Ba Bi
Judgment reserved
1999-02-18 Appellant's condensed book Her Majesty the Queen
1999-02-12 Correspondence received, (par fax) de M. Guy Thibeault, greffier, Palais de justice de Longueuil pour confirmer qu'il n'y a pas de transcription de la plaidoirie des procureurs dans ce dossier
1999-02-12 Notice of appearance, Henri-Pierre Labrie et Jacques Pothier Her Majesty the Queen
1999-02-11 Trial court record, (2 boxes)
1999-01-13 Appeal hearing scheduled, 1999-02-19
Judgment reserved
1998-11-30 Order on motion to extend time, to serve and file the response of the applicant's response to cross-appeal
1998-11-30 Decision on motion to extend time, to serve and file the applicant's response to the respondent's motion to cross-appeal to Nov. 30/98, Reg
Granted, no order as to costs
1998-11-30 Submission of motion to extend time, Reg
1998-11-27 General proceeding, Mémoire de l'appelante-intimée sur l'appel incident Her Majesty the Queen
1998-11-27 General proceeding, Dossier de l'intimée-incidente Her Majesty the Queen
1998-11-27 Book of authorities, of the Appellant-Respondent on cross-appeal, Completed on: 1998-11-27 Her Majesty the Queen
1998-11-20 Motion to extend time, to file the response to cross-appeal to Nov. 30, 1998, Completed on: 1998-11-20 Her Majesty the Queen
1998-11-06 Appeal perfected for hearing, Session beginning on 1999-01-18
1998-11-05 Respondent's record, Completed on: 1998-11-05 Daniel Jolivet
1998-11-05 Notice of cross appeal, (included in the respondent's factum at page 30), Completed on: 1998-11-05 Daniel Jolivet
1998-11-05 Book of authorities, (vol. 1 and 2), Completed on: 1998-11-05 Daniel Jolivet
1998-11-05 Respondent's factum, (new covers requested with motion to cross-appeal on the cover, see page 30 of the factum), Incomplete Daniel Jolivet
1998-10-28 Order on motion to extend time, to serve and file the book of authorities
1998-10-28 Decision on motion to extend time, to serve and file the book of authorities to Sept. 28/98, Reg
Granted, no order as to costs
1998-10-28 Submission of motion to extend time, 1998-10-28, to serve and file the book of authorities to Sept. 28/98, Reg
1998-10-16 Affidavit, to file the authorities to Sept. 28, 1998 (H. P. Labrie) Her Majesty the Queen
1998-10-16 $50.00 filing fee for notice of motion, (deducted from Justice account) Her Majesty the Queen
1998-10-16 Motion to extend time, to file the authorities to Sept. 28, 1998, Completed on: 1998-10-16 Her Majesty the Queen
1998-10-06 Correspondence (sent by the Court) to, from A. Brassard (fax copy) re: Bergeron, Gaudreau agira comme correspondant (original received Oct. 14/98)
1998-09-28 Book of authorities, (extension of time requested), avec signification, Completed on: 1998-09-28 Her Majesty the Queen
1998-09-15 Proof of service, of the Appellant's Factum
1998-09-11 Appellant's factum, 24 copies, Completed on: 1998-09-11 Her Majesty the Queen
1998-09-09 Appellant's record, 24 copies (vol. 1 to 9 and 8A) (service admitted on Aug. 28/98), avec signification, Completed on: 1998-09-09 Her Majesty the Queen
1998-06-04 Proof of service, of "Acte de comparution"
1998-06-02 Correspondence (sent by the Court) to, (avis de comparution) (Me Alain Brassard représentera l'intimé dans ce pourvoi)
1998-05-28 Correspondence (sent by the Court) to, envoyée à Me Ronnie MacDonald et au P.G. du Québec re: Article 32
1998-05-13 General proceeding, 1 copy of C.A. reasons Her Majesty the Queen
1998-05-13 $50.00 filing a notice of appeal, (deducted from P.Q. Québec`s account) Her Majesty the Queen
1998-05-13 Notice of appeal, Avec signification, Completed on: 1998-05-13 Her Majesty the Queen

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Her Majesty the Queen Appellant Active

v.

Main parties - Respondents
Name Role Status
Jolivet, Daniel Respondent Active

Counsel

Party: Her Majesty the Queen

Counsel
Henri-Pierre La Brie
Jacques Pothier
Daniel Royer
Magalie Cimon
Procureur général du Québec
Bureau RC-17
1111, boul. Jacques-Cartier Est
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61135
FAX: (450) 928-7486
Email: hplabrie@justice.gouv.qc.ca
Agent
Jean Campeau
Directeur des poursuites criminelles et pénales du Québec
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca

Party: Jolivet, Daniel

Counsel
Alain Brassard
Lida Sara Nouraie
Nicholas St-Jacques
43 rue Jacques-Cartier
Valleyfield, Quebec
J6T 4P9
Telephone: (450) 371-4320
Agent
Richard Gaudreau
Bergeron, Gaudreau
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

April 1, 1994
Superior Court of Quebec

505-01-005700-923

Verdicts: deux meurtres au premier degré et deux meurtres au deuxième degré

April 14, 1998
Court of Appeal of Quebec (Montréal)

500-10-000100-949

appel accueilli

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

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Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27