Case information
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34899
Didier Buzizi 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) |
|---|---|---|
| 2014-04-17 | Appeal closed | |
| 2013-05-13 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-05-13 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-05-10 |
Judgment on the appeal rendered, LeB F Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Numbers 500-10-004559-108 and 500-10-004586-101, 2012 QCCA 906, dated May 15, 2012, heard on March 27, 2013, is allowed, the jury’s verdict of guilty is set aside and a new trial is ordered. LeBel and Wagner JJ. are dissenting. Allowed |
|
| 2013-04-11 | Transcript received, (60 pages) | |
| 2013-03-27 | Judgment reserved OR rendered with reasons to follow | |
| 2013-03-27 | Respondent's condensed book, Submitted in Court (14 copies) | Her Majesty the Queen |
| 2013-03-27 | Appellant's condensed book, Submitted in Court (14 copies) | Didier Buzizi |
| 2013-03-27 | Acknowledgement and consent for video taping of proceedings, From both parties | |
| 2013-03-27 |
Hearing of the appeal, 2013-03-27, LeB F Mo Ka Wa Judgment reserved |
|
| 2013-03-19 | Notice of appearance, Thierry Nadon and Mario Longpré will be appearing | Her Majesty the Queen |
| 2013-03-15 | Notice of appearance, Clemente Monterosso, Sonia Mastro Matteo and Laurent Carignan will be present at the hearing. | Didier Buzizi |
| 2013-02-18 | Appeal perfected for hearing | |
| 2013-02-13 | Respondent's book of authorities, Completed on: 2013-02-13 | Her Majesty the Queen |
| 2013-02-13 | Respondent's factum, Completed on: 2013-02-13 | Her Majesty the Queen |
| 2012-12-19 | Appellant's book of authorities, Completed on: 2012-12-19 | Didier Buzizi |
| 2012-12-19 | Appellant's record, (17 volumes), Completed on: 2012-12-19 | Didier Buzizi |
| 2012-12-19 | Appellant's factum, Completed on: 2012-12-19 | Didier Buzizi |
| 2012-12-12 | Notice of hearing sent to parties | |
| 2012-11-22 |
Appeal hearing scheduled, 2013-03-27 Judgment reserved |
|
| 2012-11-14 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2012-11-08 | Order on motion to extend time, (BY LEBEL J.) | |
| 2012-11-08 |
Decision on motion to extend time, LeB, UPON APPLICATION by the appellant for an order extending the time to serve and file a notice of appeal to July 12, 2012, and extending the time within which the appellant may serve and file his record, factum and book of authorities to December 20, 2012; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: (1) The application for an order extending the time to serve and file a notice of appeal to July 12, 2012 is granted. (2) The appellant shall serve and file his record, factum and book of authorities on or before December 20, 2012. Granted, no order as to costs |
|
| 2012-11-08 | Submission of motion to extend time, LeB | |
| 2012-11-07 | Response to motion to extend time, (Letter Form), Completed on: 2012-11-07 | Her Majesty the Queen |
| 2012-11-01 | Motion to extend time, (Letter Form), to file and serve the notice of appeal to July 12 and their factum to December 20, 2012, Completed on: 2012-11-01 | Didier Buzizi |
| 2012-10-16 | Notice of change of counsel, Clemente Monterosso replaces Marie-Hélène Giroux from the same law firm | Didier Buzizi |
| 2012-07-12 | Notice of appeal, Motion for extension of time requested - Rec'd on Nov. 1, 2012 - CD missing - Rec'd electronically on January 24, 2013, Completed on: 2013-01-24 | Didier Buzizi |
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 |
|---|---|---|
| Buzizi, Didier | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Buzizi, Didier
Counsel
Sonia Mastro-Matteo
Laurent Carignan
6697, rue de Laroche
Outremont, Quebec
H2S 2E2
Telephone: (514) 948-2006
FAX: (514) 948-6131
Email: clemente.monterosso@videotron.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
Mario Longpré
4.100-1 rue Notre-Dame est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52152
FAX: (514) 873-9895
Email: tnadon@justice.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
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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 Second degree murder Defences Provocation Whether Appellant’s use of defence of self defence ruled out any possibility that Appellant had been provoked Whether trial judge erred in failing to instruct jury on provocation defence.
The Appellant, Mr. Buzizi, decided to intervene in an altercation between his cousin and the victim. He stabbed the victim several times, and the victim died. At the trial, the Appellant argued that he had had no choice and that, in his agitation, to avoid becoming a victim himself, he had had to defend himself by stabbing the victim several times. Mr. Buzizi was found guilty of second degree murder. On appeal, he argued, among other things, that the trial judge had erred in refusing to instruct the jury on the provocation defence. In a majority decision, the Court of Appeal dismissed the appeal from the guilty verdict. Justice Bich, dissenting, would have allowed the appeal on the ground that Mr. Buzizi’s conduct met the test for the provocation defence. She explained that the victim’s aggressive act could have caused Mr. Buzizi to act either in self defence or under provocation.
Lower court rulings
Superior Court of Quebec
500-01-011076-079
Appellant convicted of second degree murder
Court of Appeal of Quebec (Montréal)
500-10-004559-108, 500-10-004586-101
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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