Case information
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33252
Kurt Lauder 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) |
---|---|---|
2009-12-22 | Close file on Leave | |
2009-12-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2009-12-18 | Judgment on leave sent to the parties | |
2009-12-17 |
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 (Montréal), Number 500-10-003652-060, 2009 QCCA 1047, dated May 22, 2009, is dismissed without costs. Dismissed, without costs |
|
2009-11-16 | All materials on application for leave submitted to the Judges, Bi F Cha | |
2009-09-29 | Respondent's response on the application for leave to appeal, Completed on: 2009-09-29 | Her Majesty the Queen |
2009-08-28 | Letter acknowledging receipt of a complete application for leave to appeal | |
2009-08-10 | Order on motion to extend time | |
2009-08-10 |
Decision on motion to extend time, Reg, to serve and file the respondent's response to Sept. 30/09 Granted |
|
2009-08-10 | Submission of motion to extend time, Reg | |
2009-08-04 | Response to motion to extend time, e-mail from Alexandre Boucher dated July 30/09, Completed on: 2009-08-04 | Kurt Lauder |
2009-08-04 | Motion to extend time, to serve and file the respondent's response to Sept. 30/09, Completed on: 2009-08-04 | Her Majesty the Queen |
2009-07-29 | Application for leave to appeal, Completed on: 2009-08-28 | Kurt Lauder |
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 |
---|---|---|
Lauder, Kurt | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Her Majesty the Queen | Respondent | Active |
Counsel
Party: Lauder, Kurt
Counsel
bureau 300
407, rue McGill
Montréal, Quebec
H2Y 2G3
Telephone: (514) 285-1333
FAX: (514) 285-1777
Email: aboucher@waxmandorval.com
Party: Her Majesty the Queen
Counsel
180, rue Salaberry Ouest
Salaberry-de-Valleyfield, Quebec
J6T 2J2
Telephone: (450) 370-4000
FAX: (450) 370-3021
Agent
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 - Sentencing - Evidence - Parole ineligibility period - Whether Court of Appeal erred in law in failing to note that sentencing judge had shifted burden of proof with respect to certain aggravating factors considered in setting parole ineligibility period to be applied to sentence of imprisonment for life for second degree murder - Whether Court of Appeal erred in law in dismissing motion to produce new evidence, namely assessment of Applicant by Correctional Service of Canada psychologist conducted after his admission to penitentiary, even though that evidence related to determining factors and satisfied legal criteria applicable to admission of new evidence on appeal.
The Applicant, Kurt Lauder, murdered Shanna Poissant. On July 26, 2006, Lauder pleaded guilty on a lesser charge of second degree murder. The trial judge ordered that a pre-sentence report be prepared. On September 1, 2006, Lauder was assessed by a psychiatrist named Talbot and also met with the probation officer. The trial judge sentenced Lauder to imprisonment for life with a parole ineligibility period of 15 years.
Lower court rulings
Superior Court of Quebec
760-01-033236-057
Sentence pour meurtre; emprisonnement à perpuité, délai de 15 ans avant l’éligibilité à la libération conditionnelle
Court of Appeal of Quebec (Montréal)
2009 QCCA 1047, 500-10-003652-060
Appel rejeté, requête pour présenter nouvelle preuve rejetée
Memorandums of argument on application for leave to appeal
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 filing 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
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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.
Downloadable PDFs
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