Case information
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34881
Jean-Philippe Mailhot v. Her Majesty the Queen
(Quebec) (Criminal) (As of Right / 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) |
|---|---|---|
| 2013-04-04 | Appeal closed | |
| 2013-04-02 | Transcript received, (82 pages) | |
| 2013-04-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-04-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-03-28 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Mo Wa, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-004174-080, 2012 QCCA 964, dated May 23, 2012, heard on March 19, 2013, is allowed and a new trial is ordered. Allowed |
|
| 2013-03-19 | Judgment reserved OR rendered with reasons to follow | |
| 2013-03-19 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2013-03-19 | Appellant's condensed book, Submitted in Court (14 copies) | Jean-Philippe Mailhot |
| 2013-03-19 | Acknowledgement and consent for video taping of proceedings, From both parties | |
| 2013-03-19 |
Hearing of the appeal, 2013-03-19, CJ LeB F Abe Ro Mo Wa Judgment reserved |
|
| 2013-03-18 | Notice of appearance, Carole Lebeuf and Alexandre Boucher will be present at the hearing. | Her Majesty the Queen |
| 2013-03-14 | Correspondence received from, 5 reserved seats requested | Jean-Philippe Mailhot |
| 2013-03-05 | Respondent's book of authorities, Completed on: 2013-03-05 | Her Majesty the Queen |
| 2013-03-05 | Respondent's record, Completed on: 2013-03-05 | Her Majesty the Queen |
| 2013-03-05 | Respondent's factum, Completed on: 2013-03-05 | Her Majesty the Queen |
| 2013-02-04 | Appellant's book of authorities, (Book Form), (5 volumes), Completed on: 2013-02-04 | Jean-Philippe Mailhot |
| 2013-02-04 | Appellant's record, (Book Form), Completed on: 2013-02-04 | Jean-Philippe Mailhot |
| 2013-02-04 | Appellant's factum, (Book Form), Completed on: 2013-02-04 | Jean-Philippe Mailhot |
| 2013-01-16 | Notice of appearance, Nicholas St-Jacques, Lida Sara Nouraie and Christian Desrosiers will be present at the hearing. | Jean-Philippe Mailhot |
| 2012-12-21 | Notice of appeal, Completed on: 2012-12-21 | Jean-Philippe Mailhot |
| 2012-12-17 | Notice of hearing sent to parties | |
| 2012-12-12 | Correspondence received from, Carole Lebeuf dated Dec. 12/12 and rec'd by fax re; corrections to their factum (sent to the Court Dec. 27/12) | Her Majesty the Queen |
| 2012-12-06 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-11-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-11-23 | Judgment on leave sent to the parties | |
| 2012-11-22 |
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 (Montréal), Number 500-10-004174-080, 2012 QCCA 964, dated May 23, 2012, is granted without costs. Granted, without costs |
|
| 2012-11-22 |
Appeal hearing scheduled, 2013-03-19, (previously Feb. 18/13 - Jan. 25/13) Judgment reserved |
|
| 2012-11-08 | Appeal perfected for hearing | |
| 2012-11-01 | Respondent's book of authorities, Completed on: 2012-11-01 | Her Majesty the Queen |
| 2012-11-01 | Respondent's factum, (new CD rec'd Jan. 14/13 for correction of page 17 and 18), Completed on: 2013-01-16 | Her Majesty the Queen |
| 2012-10-17 | Correspondence received from, Lida Sara Nouraie dated October 16, 2012. Re: Would like to replace their factum | Jean-Philippe Mailhot |
| 2012-10-09 | All materials on application for leave submitted to the Judges, F Cro Ka | |
| 2012-10-01 | Applicant's reply to respondent's argument, (Book Form), electronic copy filed, Completed on: 2012-10-01 | Jean-Philippe Mailhot |
| 2012-09-19 | Respondent's response on the application for leave to appeal, (Book Form), Service missing (rec'd on Seot 20/12), Completed on: 2012-09-20 | Her Majesty the Queen |
| 2012-09-10 | Appellant's record, (14 copies), Completed on: 2012-09-10 | Jean-Philippe Mailhot |
| 2012-09-10 | Appellant's book of authorities, Completed on: 2012-09-10 | Jean-Philippe Mailhot |
| 2012-09-10 | Appellant's factum, Amended factum rec'd on October 29, 2012, Completed on: 2012-10-29 | Jean-Philippe Mailhot |
| 2012-08-24 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-08-22 | Application for leave to appeal, (Book Form), Vol 1 to 8 - Electronic version rec'd by email, Completed on: 2012-08-22 | Jean-Philippe Mailhot |
| 2012-06-25 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-06-18 | Notice of appeal, Completed on: 2012-06-22 | Jean-Philippe Mailhot |
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 |
|---|---|---|
| Mailhot, Jean-Philippe | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Mailhot, Jean-Philippe
Counsel
Nicholas St-Jacques
480 boulevard Saint-Laurent
5e étage, Bureau 503
Montréal, Quebec
H2Y 3Y7
Telephone: (514) 397-9284
FAX: (514) 397-9922
Email: lsn@legroupenouraie.com
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
Alexandre Boucher
1, rue Notre-Dame Est
Bureau 4.100
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703
FAX: (514) 873-9895
Email: carole.lebeuf@dpcp.gouv.qc.ca
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
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.
Criminal law Charge to jury Mental disorder Defence position Whether trial judge altered essence of appellant’s defence in his summary of defence theory and mistakenly led jury to reject defence by giving his opinion on appellant’s guilt.
The appellant was convicted of second degree murder. At trial, he had testified that his wife, who had been suicidal, had slit her own throat in his presence and that, in response and while in a dissociative state, he had stabbed her 33 more times to ease her suffering. On appeal, the appellant argued, inter alia, that the instructions to the jury concerning the defence position had been neither complete nor balanced and had had the effect of discrediting his defence based on mental disorder. A majority of the Court of Appeal dismissed the appeal. Doyon J.A., dissenting, would have allowed the appeal and ordered a new trial on the ground that, in summarizing the defence, the trial judge had altered its essence and implicitly and mistakenly led the jury to reject it by, in a sense, giving his own opinion on the verdict.
Lower court rulings
Superior Court of Quebec
2008 QCCS 3382, 500-01-014790-049
Accused given life sentence;
Accused required to serve minimum 10 year custodial sentence before being eligible for parole
Court of Appeal of Quebec (Montréal)
500-10-004174-080
Appeal from jury verdict 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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