Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30089
Daniel Ménard 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) |
|---|---|---|
| 2005-03-09 | Record returned to the Registrar of the Court of Appeal | |
| 2005-03-03 | Appeal closed | |
| 2005-01-28 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-01-27 |
Judgment on the cross-appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal and cross-appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-002224-010, dated October 21, 2003, heard on the December 17, 2004 are both allowed in part and a new trial is ordered on a charge of first degree murder. Allowed in part |
|
| 2005-01-27 |
Judgment on the appeal rendered, CJ Ma Ba Bi LeB De F Abe Cha, The appeal and cross-appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-002224-010, dated October 21, 2003, heard on the December 17, 2004 are both allowed in part and a new trial is ordered on a charge of first degree murder. Allowed in part |
|
| 2005-01-07 | Transcript received, (33 pages) | |
| 2004-12-17 | Judgment reserved OR rendered with reasons to follow | |
| 2004-12-17 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2004-12-17 |
Hearing of the appeal, 2004-12-17, CJ Ma Ba Bi LeB De F Abe Cha Judgment reserved |
|
| 2004-12-17 | Discontinuance of miscellaneous motion, (orally on the bench) | Daniel Ménard |
| 2004-12-15 | Respondent's factum - cross appeal, amended (sent to the judges Dec. 15/04), Completed on: 2004-12-17 | Daniel Ménard |
| 2004-12-15 | Notice of miscellaneous motion, to file an amended factum on the cross-appeal (15 copies) (service missing) (sent to the judges Dec. 15/04), Completed on: 2004-12-17 | Daniel Ménard |
| 2004-12-14 | Notice of appearance, Daniel Royer will take 40 minutes and Martin Latour will take 20 minutes in their arguments. | Daniel Ménard |
| 2004-12-09 | Notice of appearance, Raynald Savage and Denis Pilon will be present at the hearing. | Her Majesty the Queen |
| 2004-11-17 | Order on motion to extend time | |
| 2004-11-17 |
Decision on motion to extend time, to serve and file the appellant's factum on cross-appeal to Nov. 15/04, Reg Granted |
|
| 2004-11-17 | Submission of motion to extend time, Reg | |
| 2004-11-15 | Response to motion to extend time, (Letter Form), from Sylvie E. Roussel dated 11/12/04, Completed on: 2004-11-15 | Her Majesty the Queen |
| 2004-11-12 | Respondent's factum - cross appeal, Completed on: 2004-11-12 | Daniel Ménard |
| 2004-11-12 | Notice of appearance, Daniel Royer and Martin Latour will be present at the hearing. | Daniel Ménard |
| 2004-11-10 | Motion to extend time, to file the appellant's response to the cross-appeal to 11/15/04, Completed on: 2004-11-10 | Daniel Ménard |
| 2004-09-14 | Appeal perfected for hearing | |
| 2004-09-10 | Appellant's record - cross appeal, (Joint with Respondent's Record) service rec'd Sept. 24/04 | Her Majesty the Queen |
| 2004-09-10 | Respondent's record, (Joint with cross-appeal), Completed on: 2004-09-30 | Her Majesty the Queen |
| 2004-09-10 | Appellant's book of authorities - cross appeal, (Joint with Respondent's Authorities) service rec'd Sept. 24/04, Completed on: 2004-10-06 | Her Majesty the Queen |
| 2004-09-10 | Appellant's factum - cross appeal, (Joint with Respondent's factum) service rec'd Sept. 24/04, Completed on: 2004-10-06 | Her Majesty the Queen |
| 2004-09-10 | Respondent's book of authorities, (Joint with cross-appeal) Service rec'd Sept. 24/04, Completed on: 2004-10-06 | Her Majesty the Queen |
| 2004-09-10 | Respondent's factum, (Joint with cross-appeal) Service rec'd Sept. 24/04, Completed on: 2004-10-06 | Her Majesty the Queen |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-16 | Appellant's record, (service missing - rec`d July 22), Completed on: 2004-07-22 | Daniel Ménard |
| 2004-07-16 | Appellant's book of authorities, (service missing - rec`d July 22), Completed on: 2004-07-22 | Daniel Ménard |
| 2004-07-16 | Appellant's factum, (service missing - rec`d July 22), Completed on: 2004-07-22 | Daniel Ménard |
| 2004-07-15 |
Appeal hearing scheduled, 2004-12-17 Judgment reserved |
|
| 2004-04-30 | Notice of cross appeal, Completed on: 2004-04-30 | Her Majesty the Queen |
| 2004-04-29 | Notice of appeal, Completed on: 2004-04-29 | Daniel Ménard |
| 2004-04-28 | Appeal court record, (2 boxes - joint with Trial Court record) | |
| 2004-04-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-04-02 | Judgment on leave sent to the parties | |
| 2004-04-01 |
Judgment of the Court on the application for leave to cross-appeal Granted |
|
| 2004-04-01 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal and the application for leave to cross-appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-002224-010, dated October 21, 2003, are granted. Granted |
|
| 2004-02-16 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-02-16 | All material on the application for leave to cross-appeal submitted to the Judges, Ba LeB De | |
| 2004-02-11 | Memorandum of argument in response to the cross-appeal, (joint with Reply), Completed on: 2004-02-16 | Daniel Ménard |
| 2004-02-11 | Applicant's reply to respondent's argument, (joint with response to application to cross-appeal), Completed on: 2004-02-11 | Daniel Ménard |
| 2004-01-19 | Application for leave to cross-appeal, vol. 1 and 2 (joint), Completed on: 2004-01-22 | Her Majesty the Queen |
| 2004-01-19 | Respondent's response on the application for leave to appeal, vol. 1 and 2 (joint)(proof of service received on Jan. 21, 2004), Completed on: 2004-01-22 | Her Majesty the Queen |
| 2003-12-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2003-12-18 | Application for leave to appeal, Completed on: 2003-12-22 | Daniel Ménard |
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 |
|---|---|---|
| Ménard, Daniel | Appellant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent / Appellant on cross-appeal | Active |
Counsel
Party: Ménard, Daniel
Counsel
Martin Latour
434, rue Sainte-Hélène
Montréal, Quebec
H2Y 2K7
Telephone: (514) 847-1100
FAX: (514) 847-1052
Email: danielroyer@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
Denis Pilon
180, rue Salaberry Ouest, 3e étage
Salaberry-de-Valleyfield, Quebec
J6T 2J2
Telephone: (514) 370-4000
FAX: (514) 370-3021
Email: rsavage@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
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.
The Apellant is charged with causing the death of Pierre Bellefeuille, thereby committing first degree murder. The victim was being confined at the time of the murder. The trial judge stated that the victim died as the result of blows struck by Jean-Guy Ouellette.
According to the parties at trial, the Appellant and Ouellette agreed to steal hydroponic equipment and “pot” plants belonging to the victim. The Appellant admitted to moving the victim at Ouellette’s request and to tying the victim’s wrists together while Ouellette tied up his feet. The Appellant also stated that he himself struck the victim. The Appellant testified that he was terrified by Ouellette’s threats and that he could do nothing but give in to the demands of Ouellette, who asked him to help him. The Appellant also said that it was Ouellette who asked him to hand him the weapon on the table that was used to strike the victim. After Ouellette had finished beating the victim, the Appellant waited alone in the house while Ouellette dismantled the hydroponic equipment.
The Appellant was convicted of first degree murder following a trial by jury. His appeal to the Court of Appeal was dismissed, although a verdict of second degree murder was substituted for the verdict at trial.
Lower court rulings
Superior Court of Quebec
760-01-016159-003
Déclaration de culpabilité: meurtre au premier degré
Court of Appeal of Quebec (Montréal)
500-10-002224-010
Appel du demandeur rejeté: verdict substitué à un verdict de meurtre au deuxième degré
Filed documents
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 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 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
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available