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.
37831
Justin Milette v. Her Majesty the Queen
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-08-25 | Close file on Leave | |
| 2020-08-25 | Reconsideration not accepted for filing, Letter from Deputy Registrar | |
| 2020-01-31 | Correspondence received from, (Letter Form), Justin Milette.RE: Lettre from the respondent with regards to the motion for reconsideration. | Justin Milette |
| 2020-01-24 | Correspondence received from, (Letter Form), Eric Bernier. Letter with regards to the motion for reconsideration. | Her Majesty the Queen |
| 2019-12-12 |
Motion for reconsideration of the application for leave to appeal, (Book Form), Including: 1) Forms 23A and 23B 2) Request to appoint counsel 3) Service on the respondent, Completed on: 2020-02-17 |
Justin Milette |
| 2019-11-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-15 | Judgment on leave sent to the parties | |
| 2019-11-14 |
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 motion to appoint counsel is dismissed. The motion to add the Attorney General of Canada as an intervener on the application for leave to appeal is dismissed. The miscellaneous motions are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003345-175, 2018 QCCA 736, dated April 6, 2018, is dismissed Dismissed |
|
| 2019-11-14 |
Decision on the motion to appoint counsel, See decision on application Dismissed |
|
| 2019-11-14 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2019-11-14 |
Decision on motion to add or substitute parties, See decision on application Dismissed |
|
| 2019-10-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-15 | Submission of motion to appoint counsel | |
| 2019-10-15 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2019-10-15 | Submission of motion to add or substitute parties | |
| 2019-10-15 | Certificate (on limitations to public access), (Letter Form), 23B MISSING: Proof of service (Rec'd 2019-11-04) | Her Majesty the Queen |
| 2019-10-15 | Certificate (on limitations to public access), (Letter Form), 23A MISSING: Proof of service (rec'd 2019-11-04) | Her Majesty the Queen |
| 2019-10-11 |
Respondent's response on the application for leave to appeal, (Letter Form), SEALED MISSING: 23A and 23B if applicable (rec' 2019-10-15), Completed on: 2019-10-11 |
Her Majesty the Queen |
| 2019-09-20 | Motion to add or substitute parties, (Letter Form), Missing: Affidavit in support, Completed on: 2019-10-16 | Justin Milette |
| 2019-08-30 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2019-10-16 | Justin Milette |
| 2019-08-22 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 08/22/19 | |
| 2019-08-16 | Correspondence received from, (Letter Form), Me Éric Bernier will represent the HMTQ. | Her Majesty the Queen |
| 2019-07-31 | Certificate (on limitations to public access), (Included in the application for leave to appeal), 23B | Justin Milette |
| 2019-07-31 | Certificate (on limitations to public access), (Included in the application for leave to appeal), 23A | Justin Milette |
| 2019-07-31 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2019-10-16 | Justin Milette |
| 2019-07-31 | Motion to appoint counsel, (Included in the application for leave to appeal), Completed on: 2019-10-16 | Justin Milette |
| 2019-07-31 | Application for leave to appeal, (Book Form), Completed on: 2019-10-16 | Justin Milette |
| 2018-03-12 | Close file on Leave | |
| 2018-03-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-03-09 | Judgment on leave sent to the parties | |
| 2018-03-08 |
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 motion to be exempt from producing all transcripts and records is granted. The miscellaneous motions are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003345-175, 2017 QCCA 543, dated April 4, 2017, is dismissed. Dismissed |
|
| 2018-03-08 |
Decision on the miscellaneous motion, See judgment on application for leave to appeal. Dismissed |
|
| 2018-03-08 |
Decision on the miscellaneous motion, See jugement on application for leave to appeal. Granted |
|
| 2018-03-08 |
Decision on motion to extend time to file and /or serve the leave application, See jugdment on application for leave to appeal. Granted |
|
| 2018-03-06 | Correspondence (sent by the Court) to, applicant, from the Deputy Registrar, by email, Re: documents not accepted for filing | |
| 2018-02-28 |
Supplemental document, SEALED various requests |
Justin Milette |
| 2018-02-27 | Correspondence received, from applicant, Re: response | |
| 2018-01-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-01-29 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2018-01-29 | Submission of miscellaneous motion, for consideration by the Court | |
| 2018-01-16 | Correspondence received from, (Letter Form), Justin Millette (by email). | Justin Milette |
| 2018-01-12 | Correspondence received from, (Letter Form), Justin Milette (by email). Email regarding the forms 23A and 23B filed by the respondent. | Justin Milette |
| 2018-01-12 | Certificate (on limitations to public access), (Letter Form), Form 23B | Her Majesty the Queen |
| 2018-01-12 | Certificate (on limitations to public access), (Letter Form), Form 23A | Her Majesty the Queen |
| 2018-01-09 | Correspondence received from, (Letter Form), Justin MIlette (by email). Email regarding the Forms 23A and 23B filed by the respondent. | Justin Milette |
| 2018-01-05 |
Supplemental document, (Book Form), (3 volumes), SEALED Cahier des pièces. |
Justin Milette |
| 2017-12-14 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-12-14 | Justin Milette |
| 2017-12-08 | Respondent's response on the application for leave to appeal, (Letter Form), Forms 23A and 23B missing (received 2018-01-12)., Completed on: 2018-01-12 | Her Majesty the Queen |
| 2017-11-09 | Letter advising parties of a complete application for leave to appeal, FILE OPENED ON NOVEMBER 9, 2017. | |
| 2017-10-06 | Correspondence received, from AG QC - confirmation they were served a copy of the notice of application. | |
| 2017-10-03 | Notice of miscellaneous motion, (Book Form), to prohibit the sealing order, Completed on: 2017-10-03 | Justin Milette |
| 2017-09-07 | Correspondence received from, (Letter Form), Respondent, re: orders for publication bans. | Her Majesty the Queen |
| 2017-08-25 | Correspondence received from, (Letter Form), Respondent, re: sealing order. | Her Majesty the Queen |
| 2017-08-24 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2017-07-17 | Correspondence received from, (Letter Form), Justin Millette (by mail). Cover letter for the Supplemental document. | Justin Milette |
| 2017-07-17 | Supplemental document, (Book Form), Cahier des pièces. (SEALED - See Repondent's 23A) | Justin Milette |
| 2017-07-06 | Correspondence received from, (Letter Form), Justin Milette (by email). Email regarding the Supplemental document. | Justin Milette |
| 2017-06-26 | Correspondence received from, (Letter Form), Justin Milette (by email). Email regarding the Supplemental document. | Justin Milette |
| 2017-06-08 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-06-05 | Certificate (on limitations to public access), (Included in the application for leave to appeal), separate additional copy added. | Justin Milette |
| 2017-06-05 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Completed on: 2017-06-05 | Justin Milette |
| 2017-06-05 | Notice of miscellaneous motion, (Included in the application for leave to appeal), motion in evocation., Completed on: 2017-06-05 | Justin Milette |
| 2017-06-05 |
Application for leave to appeal, (Book Form), service rec'd on Oct.6/2017. Included in the application are a motion for ext. time, motion for evocation and the form 23a., Completed on: 2017-06-06 |
Justin Milette |
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 |
|---|---|---|
| Milette, Justin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Milette, Justin
This party is not represented by counsel.
Party: Her Majesty the Queen
Counsel
25, rue de Martigny Ouest, bur, D-3
Saint-Jerôme, Quebec
J7Y 4Z1
Telephone: (450) 431-4401 Ext: 53349
FAX: (450) 569-3051
Email: eric.bernier@dpcp.gouv.qc.ca
Agent
17, rue Laurier
bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60446
FAX: (819) 772-3986
Email: sandra.bonanno@dpcp.gouv.qc.ca
Summary
Keywords
- 2 -<br><br>Criminal law — Offences — Distribution of child pornography — Identity fraud — Appeals — Leave to appeal — Civil procedure — Declarations of quarrelsome conduct — Superior Court and Court of Appeal prohibiting applicant from filing pleadings without authorization — Whether application for leave to appeal raises question of public importance — Whether Court of Appeal erred in upholding Superior Court’s declaration of quarrelsome conduct and in also declaring applicant to be quarrelsome litigant.<br><br>- 1 -<br><br>Criminal law – Offences – Distribution of child pornography – Identity fraud – Appeals – Leave to appeal – Whether application for leave to appeal raises question of public importance.
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.
- 2 -
(PUBLICATION BAN IN CASE) (SEALING ORDER) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
In 2015, the applicant, Justin Milette, was convicted by the Court of Québec of distributing child pornography and fraudulently personating another person. He appealed his conviction to, and filed numerous motions in, the Superior Court. The respondent filed motions to dismiss the appeal and to have Mr. Milette declared to be a quarrelsome litigant. The Superior Court granted the motions to dismiss the appeal and to have Mr. Milette declared to be a quarrelsome litigant. It prohibited him from filing any pleadings in the office of either the Superior Court or the Court of Québec in either civil or criminal matters, or filing any pleadings in an administrative tribunal or body subject to the superintending power of the Superior Court without prior written authorization. In a first decision, the Court of Appeal dismissed the motion for leave to appeal the conviction. In a second decision, it dismissed the appeal as of right against the declaration of quarrelsome conduct. It also granted the respondent’s motion to have Mr. Milette declared to be a quarrelsome litigant in that court.
- 1 -
In 2015, Justin Milette was convicted of distributing child pornography and fraudulently personating another person. Mr. Milette appealed the double conviction to the Superior Court. The respondent moved to dismiss the appeal and to have Mr. Milette declared to be a quarrelsome litigant. The Superior Court allowed the respondent’s motions.
Lower court rulings
Court of Quebec
2015 QCCQ 16688, 410-01-029091-153
Justin Milette convicted of distributing child pornography and fraudulently personating another person
Superior Court of Quebec
2017 QCCS 1321, 410-36-000282-165
Motion to dismiss appeal allowed
Court of Appeal of Quebec (Québec)
200-10-003345-175, 2017 QCCA 543
Motion for leave to appeal dismissed
Court of Appeal of Quebec (Québec)
200-10-003345-175, 2018 QCCA 736
Appeal dismissed; declaration of quarrelsome conduct made against applicant.
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