Case information
Consult our database for details on a Supreme Court of Canada case.
36625
René Barkley v. Her Majesty the Queen
(Quebec) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-03-15 | Close file on Leave | |
| 2016-03-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-11 | Judgment on leave sent to the parties | |
| 2016-03-10 |
Judgment of the Court on the application for leave to appeal, All motions and orders filed by the applicant are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003133-159, 2015 QCCA 1134, dated June 11, 2015 is dismissed without costs. Dismissed, without costs |
|
| 2016-03-10 |
Decision on motion to extend time Dismissed |
|
| 2016-03-10 |
Decision on the motion for a stay of execution Dismissed |
|
| 2016-03-10 |
Decision on the miscellaneous motion Dismissed |
|
| 2016-03-10 |
Decision on the miscellaneous motion Dismissed |
|
| 2016-02-01 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-02-01 | Submission of motion to extend time, Abe Ka Br | |
| 2016-02-01 | Submission of motion for a stay of execution, Abe Ka Br | |
| 2016-02-01 | Submission of miscellaneous motion, Abe Ka Br | |
| 2016-02-01 | Submission of miscellaneous motion, Abe Ka Br | |
| 2016-01-28 | Motion to extend time, (Book Form), (Included in the applicant's reply to respondent's argument), (3 volumes), not necessary, Completed on: 2016-01-28 | René Barkley |
| 2016-01-28 | Applicant's reply to respondent's argument, (Book Form), (3 volumes), Completed on: 2016-01-28 | René Barkley |
| 2016-01-08 | Order on miscellaneous motion, by the Deputy Registrar | |
| 2016-01-08 |
Decision on the miscellaneous motion, DeRg, UPON APPLICATION by the applicant for permission to delay sending the file to the judges of the Supreme Court of Canada and to await the filing of the reply; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: Pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada, the applicant may serve and file his reply on or before January 29, 2016. Granted |
|
| 2016-01-08 | Submission of miscellaneous motion, DeRg | |
| 2015-12-01 | Notice of miscellaneous motion, (Letter Form), Applicant, re: Requesting to put his file on hold until he is able to file a REPLY. , Completed on: 2016-01-05 | René Barkley |
| 2015-10-20 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-20) | Her Majesty the Queen |
| 2015-10-20 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2015-10-20, (Electronic version filed on 2015-10-20) | Her Majesty the Queen |
| 2015-09-22 | Letter advising parties of a complete application for leave to appeal, File opened 2015-09-22 | |
| 2015-09-14 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-09-08 | Motion for a stay of execution, (Book Form), (Included in the application for leave to appeal), Completed on: 2015-09-08 | René Barkley |
| 2015-09-08 | Correspondence received from, fee waiver requested. | René Barkley |
| 2015-09-08 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | René Barkley |
| 2015-09-08 | Notice of miscellaneous motion, (Book Form), (Included in the application for leave to appeal), numerous motions filed by applicant, Completed on: 2015-09-08 | René Barkley |
| 2015-09-08 | Application for leave to appeal, (Letter Form), Completed on: 2015-10-13 | René Barkley |
| 2015-08-31 | Correspondence (sent by the Court) to, aplicant re: clarification to letter from SCC to him dated 2015-07-29 | |
| 2015-07-30 | Letter requesting materials at end of review period; Court file no. not assigned, and acknowledging receipt of documents. | |
| 2015-07-09 | Notice of miscellaneous motion, (Letter Form), for mandamus, Completed on: 2015-09-21 | René Barkley |
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 |
|---|---|---|
| Barkley, René | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Barkley, René
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
300, boul. Jean-Lesage
bureau 2.55
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3500 Ext: 42210
FAX: (418) 646-4919
Email: regis.boisvert@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.
(PUBLICATION BAN IN CASE)
Canadian Charter of Rights and Freedoms – Criminal law – Sentencing – Dangerous offender – Extension of time to appeal – Whether Court of Appeal erred in dismissing motion to extend time to appeal – Whether applicant subjected to cruel and unusual punishment pursuant to s. 12 of Charter.
On February 24, 2003, Mr. Barkley pleaded guilty to charges of robbery, breaking and entering a dwelling house with intent to commit an indictable offence therein, uttering threats to cause death or bodily harm, assault, forcible confinement, obstructing the course of justice, public mischief and sexual assault causing bodily harm. With the authorization of the Attorney General of Quebec, steps were taken to have him found to be a dangerous or long term offender. On June 11, 2015, the Court of Appeal dismissed Mr. Barkley’s motion to extend the time to appeal the judgment rendered by Judge Tremblay nearly 12 years earlier finding him to be a dangerous offender and imposing a sentence of indeterminate detention.
Lower court rulings
Court of Quebec
150-01-008738-032, 2003 CanLII 33102 (QC CQ)
Applicant found to be dangerous offender and given sentence of indeterminate detention
Court of Appeal of Quebec (Québec)
200-10-003133-159, 2015 QCCA 1134
Motion to extend time to 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 613-996-8666 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
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 613-996-8666 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
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 613-996-8666 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