Case information
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36436
Stéphane Marleau 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) |
|---|---|---|
| 2015-11-09 | Close file on Leave | |
| 2015-10-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-10-30 | Judgment on leave sent to the parties | |
| 2015-10-29 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-004890-115, 2012 QCCA 78, dated January 20, 2012, is dismissed. Dismissed |
|
| 2015-10-29 |
Decision on motion to extend time to file and /or serve the leave application, See Judgment on leave application. Granted |
|
| 2015-07-20 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Côt | |
| 2015-07-20 | All materials on application for leave submitted to the Judges, Abe Ka Côt | |
| 2015-07-16 | Correspondence received from, Stéphane Marleau dated 2015-07-16. Re: Decision from legal aid | Stéphane Marleau |
| 2015-06-23 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2015-06-23 | Stéphane Marleau |
| 2015-06-18 | Certificate (on limitations to public access) | Her Majesty the Queen |
| 2015-06-18 | Respondent's response on the application for leave to appeal, (Letter Form), Appellant confirmed that he received the response on 2015-06-17, Completed on: 2015-06-18 | Her Majesty the Queen |
| 2015-06-05 | Motion to extend the time to file and or serve the application for leave to appeal, Service missing - Rec'd on 2015-06-17, Completed on: 2015-06-17 | Stéphane Marleau |
| 2015-05-19 | Letter advising parties of an incomplete application for leave to appeal, File opened on 2015-05-19 | |
| 2015-05-15 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-05-14 | Correspondence received from, Fee waiver request | Stéphane Marleau |
| 2015-05-14 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Stéphane Marleau |
| 2015-05-14 | Application for leave to appeal, Motion for extension of time rec'd on 2015-06-05 - Fee waiver granted by the Deputy Registrar on 2015-05-19, Completed on: 2015-06-12 | Stéphane Marleau |
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 |
|---|---|---|
| Marleau, Stéphane | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Marleau, Stéphane
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
1, rue Notre-Dame
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2703 Ext: 52107
FAX: (514) 873-9895
Email: maude.payette@dpcp.gouv.qc.ca
Agent
Palais de justice
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60412
FAX: (819) 772-3986
Email: appelgatineau@dpcp.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.
Charter of Rights – Criminal law – Sentencing – Cruel and unusual treatment or punishment – Mandatory minimum sentence – Firearms – Using imitation firearm – Whether mandatory minimum sentence under s. 85(3)(b) of the Criminal Code violates ss. 7 and 12 of the Charter – Criminal Code, R.S.C. 1985, c. C-46, s. 85(3)(b) – Canadian Charter of Rights and Freedoms, ss. 7, 12.
In 2009, the Court of Québec sentenced Mr. Marleau, the applicant, to concurrent seven-year terms of imprisonment for 28 counts of armed robbery, and to a consecutive three-year term of imprisonment for one count of using an imitation firearm. In January 2012, following a facilitation conference, the Court of Appeal reduced Mr. Marleau’s seven-year sentence to five years for the 28 counts of armed robbery to which he had pleaded guilty so that it reflected the joint submission made by the parties at trial. In the Court of Appeal, Mr. Marleau did not challenge the minimum three-year sentence. He now asks the Court to grant him leave to appeal the Court of Appeal judgment and to reduce the three-year sentence on the basis that it violates ss. 7 and 12 of the Canadian Charter of Rights and Freedoms.
Lower court rulings
Court of Quebec
500-01-014094-061, 500-01-014499-062, 500-01-014972-068
Applicant sentenced to concurrent seven-year terms of imprisonment for 28 counts of armed robbery and to three years’ imprisonment (to be served consecutively) for one count of using an imitation firearm
Court of Appeal of Quebec (Montréal)
2012 QCCA 78, 500-10-004890-115
Motions for extension of time and for leave to appeal the sentences allowed; seven-year sentence reduced to five years
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