Case information
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33802
Mélanie Alix 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) |
|---|---|---|
| 2010-11-09 | Close file on Leave | |
| 2010-11-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-11-05 | Judgment on leave sent to the parties | |
| 2010-11-04 |
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 500-10-003385-067, 2010 QCCA 1055, dated May 27, 2010, is dismissed without costs. Dismissed, without costs |
|
| 2010-09-27 | All materials on application for leave submitted to the Judges, LeB De Cha | |
| 2010-09-16 | Respondent's response on the application for leave to appeal, Completed on: 2010-09-16 | Her Majesty the Queen |
| 2010-08-20 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-08-19 | Book of authorities | Mélanie Alix |
| 2010-08-19 | Application for leave to appeal, AMENDED NOTICE rec'd Sept. 28, 2010, Completed on: 2010-08-19 | Mélanie Alix |
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 |
|---|---|---|
| Alix, Mélanie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Alix, Mélanie
Counsel
Ottawa, Ontario
K1P 6A2
Telephone: (613) 288-9999
FAX: (613) 236-8174
Party: Her Majesty the Queen
Counsel
Magalie Cimon
1111, boul. Jacques-Cartier Est, RC-07
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61120
FAX: (450) 928-7486
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.
Canadian Charter of Rights and Freedoms, s. 10(b) - Criminal law - Right to counsel - Evidence - Whether detained person entitled to have counsel present during police interrogation - Whether right to counsel limited to single conversation.
Alix was charged with first degree murder and attempted murder. Those charges related to two separate incidents: a fire that killed her mother in 2001 and another fire that killed her one-year-old son in 2003. Following the fire at her home, Alix made various extrajudicial statements to a number of people, including workers and police officers. Those statements were admitted in evidence, including the statement made the day she was arrested, May 16, 2003. Alix challenged their admissibility on several grounds, including the violation of her constitutional right to counsel, based on the fact that a police officer had refused to allow her counsel to be present during the interrogation, and the violation of her right to have the interrogation suspended if she asked to contact counsel again.
Lower court rulings
Superior Court of Quebec
505-01-057465-052
Voir-dire quant à l’admissibilité en preuve d’une déclaration extra-judiciaire enregistrée sur vidéo le 16 mai 2003: preuve déclarée admissible, donc libre et volontaire.Verdict de culpabilité: meurtre au premier degré et tentative de meurtre
Court of Appeal of Quebec (Montréal)
500-10-003385-067
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
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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