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33221

Gabriel Fontaine v. Attorney General of Quebec

(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)
2009-10-05 Close file on Leave
2009-10-02 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2009-10-02 Judgment on leave sent to the parties
2009-10-01 Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002259-088, 2008 QCCA 1708, dated September 17, 2008, is dismissed.
Dismissed
2009-10-01 Decision on motion to extend time to file and /or serve the leave application, See judgment.
Granted
2009-08-17 All materials on application for leave submitted to the Judges, LeB De Cro
2009-08-17 Submission of motion to extend time to file and/ or serve the leave application, LeB De Cro
2009-08-07 Respondent's response on the application for leave to appeal, (Letter Form), from Pierre L. Bienvenue dated Aug. 4/09 (by fax - original rec'd Aug. 11/09) (service rec'd Aug. 13/09), Completed on: 2009-08-13 Attorney General of Quebec
2009-06-23 Letter acknowledging receipt of a complete application for leave to appeal
2009-06-10 Motion to extend the time to file and or serve the application for leave to appeal, (included in leave application), Completed on: 2009-06-10 Gabriel Fontaine
2009-06-10 Application for leave to appeal, (2 volumes), Completed on: 2009-06-10 Gabriel Fontaine

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
Fontaine, Gabriel Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Quebec Respondent Active

Counsel

Party: Fontaine, Gabriel

This party is not represented by counsel.

Party: Attorney General of Quebec

Counsel
Name
Pierre L. Bienvenue
Contact information
Directeur des poursuites criminelles et pénales du Québec
300, boulevard Jean-Lesage
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3500 Ext: 42226
FAX: (418) 646-4919
Agent
Name
Pierre Desrosiers
Contact information
Directeur des poursuites criminelles et pénales du Québec
17, rue Laurier
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60411
FAX: (819) 772-3986
Email: pdesrosiers@justice.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 - Guilty plea - Applicant pleading guilty to three counts of fraud - Applicant seeking leave to appeal convictions entered eight years earlier based on guilty pleas - Whether Court of Appeal erred in dismissing Applicant’s motion for leave to appeal on ground that it had not been made promptly and that documents filed provided no basis for concluding that guilty pleas were invalid.

On May 14, 1999, Mr. Fontaine pleaded guilty to three counts of defrauding the government. The charges had to do with the use of funds made available to members of Parliament by the House of Commons that were intended to be used in the performance of his mandate. Mr. Fontaine allegedly used discretionary funds given to members of Parliament to consolidate or increase his personal business by awarding contracts to friends who were already in business with him. Eight years after pleading guilty, Mr. Fontaine sought leave to appeal from the Court of Appeal. The Court of Appeal dismissed his motion on the ground that it had not been made promptly and that the documents filed provided no basis for concluding that the guilty pleas were invalid.

Lower court rulings

May 14, 1999
Court of Quebec

200-01-001581-911

Demandeur plaide coupable à trois chefs d’accusation de fraude

September 17, 2008
Court of Appeal of Quebec (Québec)

200-10-002259-088, 2008 QCCA 1708

Requête pour permission d’appeler rejetée

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 613-996-8666 or at 1-844-365-9662.

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 613-996-8666 or at 1-844-365-9662.

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 613-996-8666 or at 1-844-365-9662.

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