Case information
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34417
Pierre Lévesque v. Her Majesty the Queen
(Quebec) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2013-04-19 | Transcript received, (32 pages) | |
| 2013-04-18 | Appeal closed | |
| 2013-04-17 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-04-17 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-04-16 |
Judgment on the appeal rendered, LeB F Abe Ro Cro Mo Ka, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002313-083, 2011 QCCA 1203, dated June 7, 2011, was heard on April 16, 2013, and the Court on that day delivered the following judgment orally: [TRANSLATION] LEBEL J. — The Court is unanimously of the view that the appeal should be allowed. The judge who presided over the appellant’s trial gave, in response to a specific question from the jury on being an accessory and being a party to an offence, additional instructions that were incomplete and confusing. Moreover, although we need not rule on this issue for the purposes of this appeal, the nature of the charges against the appellant raises the question whether it would be possible to base a conviction for first degree murder under s. 231(5) Cr. C. on the accused being a party to the offence within the meaning of s. 21(2) Cr. C. For these reasons, the appeal is allowed, the verdict of guilty is set aside, and the Court orders that a new trial be held in respect of the same charges. Allowed |
|
| 2013-04-16 | Appellant's condensed book, Submitted in Court (14 copies) | Pierre Lévesque |
| 2013-04-16 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-04-16 |
Hearing of the appeal, 2013-04-16, LeB F Abe Ro Cro Mo Ka Judgment rendered |
|
| 2013-04-11 | Notice of appearance, Caroline Gravelle will be replacing Jean Asselin | Pierre Lévesque |
| 2013-04-11 | Supplemental document, decision-tree (sent to the Court Apr. 11/13), Completed on: 2013-04-11 | Pierre Lévesque |
| 2013-04-08 | Notice of appearance, René Verret and Jean Campeau will be present at the hearing. René Verret will present oral submissions. | Her Majesty the Queen |
| 2013-03-15 | Notice of appearance, Sophie Dubé and Jean Asselin will be appearing | Pierre Lévesque |
| 2013-03-11 | Notice of hearing sent to parties | |
| 2013-03-07 |
Appeal hearing scheduled, 2013-04-16, (previously & tentatively scheduled for Nov. 7/12) Judgment rendered |
|
| 2012-07-30 | Correspondence received from, Sophie Dubé dated July 26, 2012. Re: Change of law firm as of September 1, 2012 | Pierre Lévesque |
| 2012-07-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-05-31 | Appeal perfected for hearing | |
| 2012-05-30 | Respondent's book of authorities, Completed on: 2012-05-30 | Her Majesty the Queen |
| 2012-05-30 | Respondent's factum, Completed on: 2012-05-30 | Her Majesty the Queen |
| 2012-04-20 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (hearing for Spring 2013 Session) | |
| 2012-04-05 | Appellant's book of authorities, Completed on: 2012-04-05 | Pierre Lévesque |
| 2012-04-05 | Appellant's record, (4 volumes), Completed on: 2012-04-05 | Pierre Lévesque |
| 2012-04-05 | Appellant's factum, Completed on: 2012-04-05 | Pierre Lévesque |
| 2012-03-30 | Correspondence received from, dated March 30, 2012 and rec'd by fax, re.: request to adjourn tentative hearing date (original rec'd April 5/12) | Pierre Lévesque |
| 2012-03-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-01-25 | Correspondence received from, Richard Gaudreau dated January 12, 2012. Re: Bergeron, Gaudreau will be acting as agent | Pierre Lévesque |
| 2012-01-12 | Notice of appeal, Completed on: 2012-01-12 | Pierre Lévesque |
| 2011-12-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-12-16 | Judgment on leave sent to the parties | |
| 2011-12-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002313-083, 2011 QCCA 1203, dated June 7, 2011, is granted without costs. Granted, without costs |
|
| 2011-11-14 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-09-08 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-09-02 | Application for leave to appeal, Completed on: 2011-09-02 | Pierre Lévesque |
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 |
|---|---|---|
| Lévesque, Pierre | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lévesque, Pierre
Counsel
Jean Asselin
70, rue Dalhousie
Bureau 300
Québec, Quebec
G1K 4B2
Telephone: (418) 640-4413
FAX: (418) 523-5391
Email: sophie.dube@steinmonast.ca
Agent
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
Party: Her Majesty the Queen
Counsel
2828, boul. Laurier, Tour 1
Bureau 500
Québec, Quebec
G1V 0B9
Telephone: (418) 643-4085 Ext: 20854
FAX: (418) 643-7462
Agent
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
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 Instructions to jury Whether Court of Appeal erred in minimizing extent to which jury’s deliberations and verdicts were affected by absence of additional instructions concerning “knowledge” element of being accessory to murder under s. 21(2) of Criminal Code, to which jury’s question had clearly been directed.
This appeal concerns a guilty verdict returned by a jury on a charge of first degree murder. The appellant, Pierre Lévesque, and his accomplice, Mr. Denver Lambert, met several times to plan a theft involving weapons that were supposed to be used solely to secure the cooperation of the future victims and facilitate the theft. On April 9, 1994, inside a residence in Val Bélair, a police officer found the body of 75 year old Béatrice Lavoie, who was lying in a pool of blood with her feet and hands bound with tape, and 82 year old Maurille Lepage, who was lying on the floor tied up the same way as his spouse and who also had tape over his eyes.
Lower court rulings
Superior Court of Quebec
200-01-079902-031
Guilty verdict returned by jury on charge of first degree murder
Court of Appeal of Quebec (Québec)
200-10-002313-083, 2011 QCCA 1203
Appeal dismissed
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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