Case information
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36712
Pierre-Olivier Laliberté 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) |
|---|---|---|
| 2016-05-12 | Appeal closed | |
| 2016-05-11 | Transcript received, (44 pages) | |
| 2016-05-02 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2016-05-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2016-04-29 |
Judgment on the appeal rendered, CJ Cro Wa Ga Br, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002951-130, 2015 QCCA 1633, dated October 7, 2015, was heard on April 29, 2016 and the Court on that day delivered the following judgment orally: [TRANSLATION] WAGNER J. — This appeal as of right is based on the dissent of Hilton J.A. in the Quebec Court of Appeal. In Hilton J.A.’s view, the trial judge erred in not admitting in evidence out-of-court statements made by one of the victims and in giving the jury an instruction, the content of which was also erroneous, with respect to the fabrication of an alibi even though sufficient evidence had not been adduced to link the appellant to the fabrication of an alibi. The dissenting judge found that the trial judge’s instruction was so inappropriate and so seriously in error that the curative proviso of s. 686(1)(b)(iii) of the Criminal Code, R.S.C. 1985, c. C-46, was inapplicable. The majority agreed with Hilton J.A.’s conclusion regarding the out-of-court statements of one of the victims and also agreed that the content of the instruction with respect to the fabrication of an alibi was erroneous. However, they found that deference was owed to the trial judge’s decision to give an instruction in that regard. Concluding that the case against the accused was overwhelming, they applied the curative proviso of s. 686(1)(b)(iii) of the Criminal Code. We agree with the majority and with the dissenting judge that the instruction the trial judge gave with respect to the fabrication of an alibi was erroneous. A trial judge must specify in such an instruction that the fabrication of an alibi supports an inference of consciousness of guilt, but no more than that. The instruction in this case did not satisfy this requirement. Moreover, there must be other evidence independent of the finding that the alibi is false on the basis of which a reasonable jury could conclude that the alibi was deliberately fabricated and that the accused was involved in that attempt to mislead the jury: R. v. O’Connor (2002), 62 O.R (3d) 263 (C.A.); R. v. Hibbert, 2002 SCC 39, [2002] 2 S.C.R. 445; R. v. Tessier (1997), 113 C.C.C. (3d) 538 (B.C.C.A.) (per Ryan J.A.). However, we are of the opinion that, despite the trial judge’s errors, the evidence in the case at bar is so overwhelming that the trier of fact would inevitably have entered a conviction against the accused: R. v. Trochym, 2007 SCC 6, [2007] 1 S.C.R. 239. For these reasons, the appeal is dismissed. Dismissed |
|
| 2016-04-29 |
Hearing of the appeal, 2016-04-29, CJ Cro Wa Ga Br Judgment rendered |
|
| 2016-04-29 | Respondent's condensed book, (Book Form), submitted in Court (14 copies). | Her Majesty the Queen |
| 2016-04-29 | Appellant's condensed book, (Book Form), submitted in Court (14 copies). | Pierre-Olivier Laliberté |
| 2016-04-12 | Appeal perfected for hearing | |
| 2016-04-08 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version due on 2016-04-15) | Her Majesty the Queen |
| 2016-04-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version due on 2016-04-15) | Her Majesty the Queen |
| 2016-04-08 | Respondent's book of authorities, (Book Form), Completed on: 2016-04-08, (Electronic version filed on 2016-04-11) | Her Majesty the Queen |
| 2016-04-08 | Respondent's record, (Book Form), Completed on: 2016-04-08, (Electronic version filed on 2016-04-11) | Her Majesty the Queen |
| 2016-04-08 | Respondent's factum, (Book Form), Completed on: 2016-04-08, (Electronic version filed on 2016-04-11) | Her Majesty the Queen |
| 2016-04-05 | Notice of appearance, Régis Boisvert and Justin Tremblay will attempts the Cour for the Respondent. M. Boisvert will make the oral arguments. | Her Majesty the Queen |
| 2016-04-05 | Notice of appearance, Ariane Gagnon-Rocque and Carl Thibault will attemps the Cour for the Appellant. Ms. Gagnon-Rocque will make the oral arguments. | Pierre-Olivier Laliberté |
| 2016-03-30 | Correspondence received from, (Letter Form), new agent for applicant | Pierre-Olivier Laliberté |
| 2016-03-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-11 | Judgment on leave sent to the parties | |
| 2016-03-10 |
Judgment of the Court on the application for leave to appeal, La demande d’autorisation d’appel de l’arrêt de la Cour d’appel du Québec (Québec), numéro 200-10-002951-130, 2015 QCCA 1633, daté du 7 octobre 2015, est rejetée. Dismissed |
|
| 2016-02-12 | Notice of hearing sent to parties | |
| 2016-02-12 | Certificate of counsel (attesting to record) | Pierre-Olivier Laliberté |
| 2016-02-12 | Appellant's book of authorities, (4 volumes), Completed on: 2016-02-12 | Pierre-Olivier Laliberté |
| 2016-02-12 | Appellant's record, (12 volumes), Completed on: 2016-02-12 | Pierre-Olivier Laliberté |
| 2016-02-12 | Appellant's factum, Completed on: 2016-02-12 | Pierre-Olivier Laliberté |
| 2016-02-10 |
Appeal hearing scheduled, 2016-04-29 Judgment rendered |
|
| 2016-01-25 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-01-07 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-01-08, (Printed version filed on 2016-01-08) | Pierre-Olivier Laliberté |
| 2015-12-17 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-12-17 | Respondent's response on the application for leave to appeal, Completed on: 2015-12-17 | Her Majesty the Queen |
| 2015-12-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2015-12-02 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-02) | Pierre-Olivier Laliberté |
| 2015-12-02 | Application for leave to appeal, (Book Form), Proof of service missing, Completed on: 2015-12-08, (Electronic version filed on 2015-12-02) | Pierre-Olivier Laliberté |
| 2015-11-17 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2015-11-06 | Letter acknowledging receipt of a notice of appeal | |
| 2015-11-04 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-11-04) | Pierre-Olivier Laliberté |
| 2015-11-04 | Notice of appeal, Completed on: 2015-11-04, (Electronic version filed on 2015-11-04) | Pierre-Olivier Laliberté |
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 |
|---|---|---|
| Laliberté, Pierre-Olivier | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Laliberté, Pierre-Olivier
Counsel
Carl Thibault
6860, boulevard Henri-Bourassa
Québec, Quebec
G1H 3C7
Telephone: (418) 694-3003
FAX: (418) 694-3008
Email: agagnonrocque@thibaultroyavocats.com
Agent
867, boulevard Saint-René Ouest
Suite 8
Gatineau, Quebec
J8T 7X6
Telephone: (819) 243-2616 Ext: 7224
FAX: (819) 243-2641
Email: flanglois@deveau.qc.ca
Party: Her Majesty the Queen
Counsel
Justin Tremblay
300, boul. Jean-Lesage
bureau 2.55
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3500 Ext: 42210
FAX: (418) 646-4919
Email: regis.boisvert@dpcp.gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@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 - Charge to jury - Defences - Alibi - Whether Court of Appeal erred in law in finding that it was open to trial judge to instruct jury on possibility of false alibi - Whether Court of Appeal erred in law in applying curative proviso of s. 686(1)(b)(iii) of Criminal Code to error in trial judge’s instruction regarding alibi.
Following a jury trial, Mr. Laliberté was convicted of the first degree murder of Michaël Cadieux and the attempted murder of Barbara Fortin St-Pierre.
The prosecution’s main evidence at trial was DNA evidence, namely fingernail scrapings from Ms. St-Pierre’s right hand, which provided a perfect match for Mr. Laliberté’s DNA. Mr. Laliberté presented alibi evidence that was corroborated by his father. He also claimed that the DNA had come from an encounter with Ms. St-Pierre a week before the assault. The trial judge rejected attempts by the defence to introduce in evidence statements made by Ms. St-Pierre to an ambulance attendant and a physician to the effect that she did not know the assailant. Also, in his charge to the jury, the trial judge mentioned the possibility of a false alibi and indicated that it would be possible for the jury to infer that Mr. Laliberté was guilty if they believed that the alibi was false.
Mr. Laliberté appealed the convictions, raising several grounds of appeal. The majority of the Court of Appeal dismissed the appeal. Hilton J.A., dissenting, would have allowed the appeal, set aside the convictions and ordered a new trial
Lower court rulings
Superior Court of Quebec
200-01-159708-118
Appellant found guilty of first degree murder and attempted murder
Court of Appeal of Quebec (Québec)
200-10-002951-130, 2015 QCCA 1633
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
Downloadable PDFs
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