Case information
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32004
Claude Beaulieu v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2008-02-08 | Transcript received, (43 pages) | |
| 2008-02-04 | Appeal closed | |
| 2008-01-25 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-01-25 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-01-24 |
Judgment on the appeal rendered, CJ Ba Bi LeB F Cha Ro, We all agree that the motion to adduce fresh evidence does not meet the criteria developed by the courts and that the majority of the Quebec Court of Appeal was right to dismiss it. We also believe that the appellant has not established a basis for this Court to intervene. In particular, it has not been shown that the guilty verdict is unreasonable or that there has been a miscarriage of justice. For these reasons, the appeal is dismissed. Dismissed |
|
| 2008-01-24 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2008-01-24 |
Hearing of the appeal, 2008-01-24, CJ Ba Bi LeB F Cha Ro Judgment rendered |
|
| 2008-01-08 | Notice of appearance, Christian Deslauriers will be present at the hearing | Claude Beaulieu |
| 2008-01-08 | Notice of appearance, Lori-René Weitzman will be present at the hearing. | Her Majesty the Queen |
| 2007-12-04 | Notice of hearing sent to parties | |
| 2007-12-04 |
Appeal hearing scheduled, 2008-01-24, (previously Mar. 20/08) Judgment rendered |
|
| 2007-10-03 | Appeal perfected for hearing | |
| 2007-10-02 | Respondent's book of authorities, Completed on: 2007-10-02 | Her Majesty the Queen |
| 2007-10-02 | Respondent's record, Completed on: 2007-10-02 | Her Majesty the Queen |
| 2007-10-02 | Respondent's factum, (New CD rec'd Oct. 29/07), Completed on: 2007-10-31 | Her Majesty the Queen |
| 2007-08-17 | Correspondence received from, Ms. Weitzman (by fax), replacing Mr. Gagné | Claude Beaulieu |
| 2007-08-07 | Appellant's record, (5 volumes), Completed on: 2007-08-07 | Claude Beaulieu |
| 2007-08-07 | Appellant's book of authorities, (2 volumes), Completed on: 2007-08-07 | Claude Beaulieu |
| 2007-08-07 | Appellant's factum, (New CD rec'd Aug.27/07, Oct. 12/07 and Nov. 2/07), Completed on: 2007-11-07 | Claude Beaulieu |
| 2007-07-19 | Order on motion to extend time | |
| 2007-07-19 |
Decision on motion to extend time, Reg, À LA SUITE D'UNE REQUÊTE du procureur de l'appelant CLAUDE BEAULIEU en prorogation du délai prescrit pour signifier et déposer le mémoire d'appel, le dossier ainsi que le recueil de sources; et suite à la lecture de l'affidavit de Me Christian Deslauriers tel que déposé: IL EST PAR LA PRÉSENTE ORDONNÉ QUE le délai prescrit pour signifier et déposer le mémoire d'appel, le dossier ainsi que le recueil de sources de l'appelant CLAUDE BEAULIEU soit prorogé de quinze (15) jours jusqu'au 7 août 2007. Granted |
|
| 2007-07-19 | Submission of motion to extend time, Reg | |
| 2007-07-17 | Response to motion to extend time, e-mail from Lori Weitzman dated July 17/07, Completed on: 2007-07-17 | Her Majesty the Queen |
| 2007-07-13 | Motion to extend time, to file the factum, record and authorities to August 7, 2007, Completed on: 2007-07-19 | Claude Beaulieu |
| 2007-06-04 | Order on motion to extend time, (BY DESCHAMPS J.) | |
| 2007-06-04 |
Decision on motion to extend time, De, À LA SUITE D'UNE DEMANDE de l'appelant visant à obtenir une prorogation de délai pour signifier et déposer un avis d'appel de plein droit au 30 avril 2007; ET APRÈS AVOIR PRIS CONNAISSANCE de la documentation déposée; IL EST PAR LA PRÉSENTE ORDONNÉ CE QUI SUIT: La demande de prorogation de délai pour signifier et déposer un avis d'appel de plein droit au 30 avril 2007 est accordée. Granted |
|
| 2007-05-31 | Submission of motion to extend time, De | |
| 2007-05-29 | Response to motion to extend time to serve and/or file notice of appeal, (Letter Form), from Pierre Landry dated May 29/07, Completed on: 2007-05-29 | Her Majesty the Queen |
| 2007-05-10 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2007-04-30 | Motion to extend the time to serve and/or file the notice of appeal, filing fee missing - rec'd May 11/ 07, Completed on: 2007-05-23 | Claude Beaulieu |
| 2007-04-30 | Notice of appeal, Completed on: 2007-04-30 | Claude Beaulieu |
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
| Name | Role | Status |
|---|---|---|
| Beaulieu, Claude | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Beaulieu, Claude
Counsel
237 King Edward
Ottawa, Ontario
K1N 7L8
Telephone: (613) 241-7335
FAX: (613) 241-5012
Party: Her Majesty the Queen
Counsel
Mileyne Grégoire
4.100 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
Email: lrweitzman@justice.gouv.qc.ca
Agent
17, rue Laurier, bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60422
FAX: (819) 772-3986
Email: dpilon@justice.gouv.qc.ca
Summary
Keywords
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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.
Criminal law - Whether this is case in which evidence not adduced at trial may be admitted on appeal - Whether identification evidence presented against Appellant supports guilty verdict against him.
In June 2004, the Appellant was convicted on two counts of sexual assault. He contended that the identification evidence presented at trial did not support a finding beyond a reasonable doubt that it was he who had committed the acts of touching X and Y. According to him, the process in which Y had identified him was tainted by certain irregularities that should have led the trial judge to question the reliability of the identification. The Court of Appeal dismissed both the motion to adduce fresh evidence and the appeal. Thibault J.A., dissenting, would have granted the motion to adduce fresh evidence and ordered a new trial.
Lower court rulings
Court of Appeal of Quebec (Montréal)
2007 QCCA 402, 500-10-002893-046
Voir dossier
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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Related links
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.
Downloadable PDFs
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