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Case information

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30752

François Binette 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2005-09-09 Close file on Leave
2005-08-26 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2005-08-26 Judgment on leave sent to the parties
2005-08-25 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 (Quebec), Number 200-10-001367-023, dated December 8, 2004, is dismissed.
Dismissed
2005-06-20 All materials on application for leave submitted to the Judges, Ba LeB De
2005-03-07 Respondent's response on the application for leave to appeal, Completed on: 2005-03-07 Her Majesty the Queen
2005-02-14 Letter acknowledging receipt of a complete application for leave to appeal
2005-02-03 Application for leave to appeal, Completed on: 2005-02-03 François Binette

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

Main parties - Appellants
Name Role Status
Binette, François Applicant Active

v.

Main parties - Respondents
Name Role Status
Her Majesty the Queen Respondent Active

Counsel

Party: Binette, François

Counsel
Name
Guy Quirion
Contact information
980 rue Jean-Paul Riopelle
Terrebonne, Quebec
J6Y 1X6
Telephone: (450) 979-2542
FAX: (450) 979-1632
Email: quirionavocat@videotron.ca
Agent
Name
Richard Gaudreau
Contact information
Bergeron, Gaudreau, Laporte
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
Names
Pierre L. Bienvenue
Steve Magnan
Contact information
Procureur général du Québec
300, boul. Jean-Lesage, bureau 2.55
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3500
FAX: (418) 646-4919
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
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.

On March 18, 2000, Caroline Veilleux decided to steal cocaine from the residence of the Applicant, François Binette, a member of the Hell's Angels. She put on a bulletproof vest and convinced Mélanie Boucher and Linda Gaboury to go with her. That same evening, Caroline Veilleux and the Applicant spoke on the telephone a few times. At 2:00 a.m., Caroline Veilleux went to her mother's home and, to explain why she was wearing a bulletproof vest, she told her mother that [translation] "François [Binette] told me that if I went out, he was going to get me". The Applicant telephoned Éric Lévesque, then went to Lévesque's residence to meet Georges Duchesneau and Ben Gaudreault-Durette, who were also affiliated with the Hell's Angels. While he was there, the Applicant mentioned that he had been arguing with Caroline Veilleux and that she was with Rino Girard, a member of the Rock Machine. According to the Applicant, Rino Girard was at the residence of Caroline Veilleux, who was living with her mother. They all agreed to go settle the score with Rino Girard. The Applicant was carrying a loaded firearm [translation] "to back up his comrades in case the other guy was armed". When Caroline Veilleux left her mother's residence and crossed the street to join her friends, who were in a car, a white Jeep moved toward the vehicle. Three shots were fired, killing Caroline Veilleux and wounding Mélanie Boucher. At trial, it was admitted that Yvon Labbé, the Jeep's passenger, had fired the shots. In the course of the trial, the defence focussed its attack on the evidence of identity to the effect that the Applicant was the Jeep's driver.

Lower court rulings

July 7, 2002
Superior Court of Quebec

200-01-054773-001

Demandeur reconnu coupable de meurtre au deuxième degré ainsi que de tentative de meurtre en vertu des arts. 235 et 239a) C. cr.

December 8, 2004
Court of Appeal of Quebec (Québec)

200-10-001367-023

Appel rejeté

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

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

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

Webcasts

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Date modified: 2025-02-27