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.
34444
Cathie Gauthier 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) |
|---|---|---|
| 2013-06-11 | Appeal closed | |
| 2013-06-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-06-10 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-06-07 |
Judgment on the appeal rendered, LeB F Abe Ro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-002454-093, 2011 QCCA 1395, dated July 26, 2011, heard on December 13, 2012, is dismissed, Fish J. dissenting. Dismissed |
|
| 2012-12-28 | Transcript received, (63 pages) | |
| 2012-12-13 | Judgment reserved OR rendered with reasons to follow | |
| 2012-12-13 |
Hearing of the appeal, 2012-12-13, LeB F Abe Ro Mo Ka Wa Judgment reserved |
|
| 2012-12-13 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-12-13 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Ontario |
| 2012-12-13 | Respondent's condensed book, (Book Form), Filed in Court | Her Majesty the Queen |
| 2012-12-10 | Notice of appearance, Grace Choi and Christine Bartlett-Hughes will be appearing | Attorney General of Ontario |
| 2012-12-04 | Notice of appearance, Sonia Rouleau and Régis Boisvert will be appearing | Her Majesty the Queen |
| 2012-11-22 | Order on motion to extend time, (by CROMWELL J.) | |
| 2012-11-22 |
Decision on motion to extend time, Cro, FURTHER TO THE ORDER dated August 23, 2012, granting leave to intervene to the Attorney General of Ontario; AND UPON APPLICATION by the Attorney General of Ontario for an order extending the time to serve and file its Factum and Book of Authorities to October 23, 2012 and for an order pursuant to Rule 71(3) permitting oral argument at the hearing of the appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted and the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal Granted |
|
| 2012-11-22 | Submission of motion to extend time, Cro | |
| 2012-10-24 | Response to motion to extend time, email from René Duval dated Oct. 19/12, Completed on: 2012-10-24 | Cathie Gauthier |
| 2012-10-23 | Response to motion to extend time, email from Jean Campeau dated Oct. 18/12, Completed on: 2012-10-23 | Her Majesty the Queen |
| 2012-10-23 | Motion to extend time, to serve and file the Intervener's factum and book of authorities to Oct. 23/12, Completed on: 2012-10-23 | Attorney General of Ontario |
| 2012-10-23 | Intervener's book of authorities, Completed on: 2012-10-23 | Attorney General of Ontario |
| 2012-10-23 | Intervener's factum, Completed on: 2012-10-23 | Attorney General of Ontario |
| 2012-09-13 | Appeal perfected for hearing | |
| 2012-09-12 | Respondent's book of authorities, Completed on: 2012-09-12 | Her Majesty the Queen |
| 2012-09-12 | Respondent's record, Completed on: 2012-09-12 | Her Majesty the Queen |
| 2012-09-12 | Respondent's factum, Completed on: 2012-09-12 | Her Majesty the Queen |
| 2012-08-23 | Order on motion for leave to intervene, (BY CROMWELL J.) | |
| 2012-08-23 |
Decision on the motion for leave to intervene, Cro, UPON APPLICATION by the Attorney General of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Attorney General of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 18, 2012. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention Granted |
|
| 2012-08-23 | Submission of motion for leave to intervene, Cro | |
| 2012-08-08 | Response to the motion for leave to intervene, of the Attorney General of Ontario, Completed on: 2012-08-08 | Cathie Gauthier |
| 2012-07-31 | Motion for leave to intervene, Completed on: 2012-07-31 | Attorney General of Ontario |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 | Appellant's record, Parts I and II - Certificate of Counsel and Judgments with 9 additional volumes, Completed on: 2012-07-19 | Cathie Gauthier |
| 2012-07-19 | Appellant's book of authorities, Completed on: 2012-07-19 | Cathie Gauthier |
| 2012-07-19 | Appellant's factum, Completed on: 2012-07-19 | Cathie Gauthier |
| 2012-07-19 |
Appeal hearing scheduled, 2012-12-13 Judgment reserved |
|
| 2012-04-26 | Notice of appeal, CD missing (rec'd Jul19/2012), Completed on: 2012-07-19 | Cathie Gauthier |
| 2012-04-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-03-30 | Judgment on leave sent to the parties | |
| 2012-03-29 |
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 (Québec), Number 200-10-002454-093, 2011 QCCA 1395, dated July 26, 2011, is granted without costs. Granted, without costs |
|
| 2012-01-16 | All materials on application for leave submitted to the Judges, De F Ka | |
| 2011-12-12 | Supplemental document, "Charge to the jury" | Cathie Gauthier |
| 2011-10-27 | Correspondence received from, Me René Duval, dated Oct.27/11, Re: agrees with changes made as per Factums Instanter | Cathie Gauthier |
| 2011-10-24 | Respondent's response on the application for leave to appeal, (1 extra copy filed) Service missing (rec'd Oct.28/11), Completed on: 2011-11-08 | Her Majesty the Queen |
| 2011-09-30 | Correspondence received from, Myriam Ackad of Factums Instanter, dated Sept.28/11, Re: specific changes made in the amended application | Cathie Gauthier |
| 2011-09-27 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-09-23 | Application for leave to appeal, (2 volumes) Amended copy filed Sept.30/11 - No motion req'd, Completed on: 2011-09-23 | Cathie Gauthier |
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 |
|---|---|---|
| Gauthier, Cathie | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Gauthier, Cathie
Counsel
Jean-François Lauzon
5366, boulevard Jean-XXIII
bureau 105.B
Trois-Rivières, Quebec
G8Z 4A7
Telephone: (819) 375-4113
FAX: (819) 375-8968
Email: contact@reneduval.com
Party: Her Majesty the Queen
Counsel
Régis Boisvert
227, rue Racine Est
Chicoutimi, Quebec
G7H 7B4
Telephone: (418) 696-9947 Ext: 62684
FAX: (418) 698-3559
Email: sonia.rouleau@dpcp.gouv.qc.ca
Agent
17, rue Laurier
Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60416
FAX: (819) 772-3986
Email: jean.campeau@dpcp.gouv.qc.ca
Party: Attorney General of Ontario
Counsel
Grace Choi
Crown Law Office - Criminal
10th Floor - 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-2351
FAX: (416) 326-4656
Email: christine.bartlett-hughes@jus.gov.on.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
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 Jury charge Defence of abandonment Whether Court of Appeal erred in law in holding that trial judge had been right not to put defence of abandonment to jury Whether Court of Appeal erred in law in upholding guilty verdicts on ground that appellant should have prevented children from drinking beverages prepared by her spouse R. v. Cinous, [2002] 2 S.C.R. 3.
On January 1, 2009 at 11:56 p.m., the appellant Cathie Gauthier dialled 9 1 1 from her home. In a weak voice broken by sobs, she requested an ambulance. The operator asked her what the problem was. She told the operator that her wrist was cut. The operator asked whether it was a suicide attempt, and Ms. Gauthier answered: [TRANSLATION] “it was a pact; my husband killed our three children”. She later stated: [TRANSLATION] “we said that we wouldn’t start 2009, but. . . .” During the telephone call, which lasted about 12 minutes, Ms. Gauthier also said that she had woken up lying in her bed with her three children. Her wrist was slit and her husband was lying on the bedroom floor. She shook the children, but they did not respond. She stated that her spouse had cut her wrist and drugged everyone with sleeping pills. She had dragged herself to the kitchen to call for help. She had the impression that these events had taken place 24 hours earlier.
Lower court rulings
Superior Court of Quebec
150-01-025052-094
Verdicts of guilty of first degree murder returned by jury
Court of Appeal of Quebec (Québec)
200-10-002454-093, 2011 QCCA 1395
Appeal dismissed.
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