Case information
Consult our database for details on a Supreme Court of Canada case.
38668
Richard Henry Bain 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) |
|---|---|---|
| 2019-11-01 | Close file on Leave | |
| 2019-11-01 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-01 | Judgment on leave sent to the parties | |
| 2019-10-31 |
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), Numbers 500-10-006323-164 and 500-10-006325-169, 2019 QCCA 460, dated March 20, 2019, is dismissed. Kasirer J. took no part in the judgment. Dismissed |
|
| 2019-08-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-08-06 | Certificate (on limitations to public access), (Letter Form) | Her Majesty the Queen |
| 2019-08-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-08-06 | Her Majesty the Queen |
| 2019-06-06 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 06/06/19 | |
| 2019-05-17 | Certificate (on limitations to public access), (Letter Form) | Richard Henry Bain |
| 2019-05-17 | Application for leave to appeal, (Book Form), Missing: Amended covers and notice citing the correct law(rec' 05/28/19), SIGNED copy of the Trial Court Order and Reasons (rec' 05/28/19),Proof of Service (rec' 05/23/19), Completed on: 2019-06-05 | Richard Henry Bain |
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 |
|---|---|---|
| Bain, Richard Henry | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Bain, Richard Henry
Counsel
4 Notre-Dame Street East
Suite 501
Montréal, Quebec
H2Y 1B8
Telephone: (514) 987-1123
FAX: (514) 287-0666
Email: allan_guttman@hotmail.com
Party: Her Majesty the Queen
Counsel
1 Notre-Dame Street East
4th Floor, Suite 4.100
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
Criminal law – Sentencing – Second degree murder – Parole eligibility – Recommendation by jury – Whether the trial judge’s failure to ask the jury for recommendations on parole ineligibility, as required by s. 745.2 of the Criminal Code, R.S.C. 1985, c. C-46, warranted the Court of Appeal’s intervention.
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.
Mr. Bain, applicant, was convicted of murder and attempted murder in relation to his attack on a Montreal concert venue while the Parti Québécois celebrated its 2012 election victory. In reaching their verdict, the jury rejected Mr. Bain’s argument that he should not be held criminally responsible because he was in a psychotic state at the time he committed the acts and would not have known that what he was doing was wrong. The sentencing judge imposed the life sentence mandated by the Criminal Code as well as a 20-year period of parole ineligibility. Mr. Bain appealed his sentence. Among other things, he argued that the trial judge’s failure to ask the jury for their recommendation on the appropriate parole ineligibility period, as required by s. 745.2 of the Criminal Code, constituted a serious legal error which warranted the court’s intervention. The Court of Appeal dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2016 QCCS 5785, 500-01-078085-120
Applicant sentenced to life imprisonment without eligibility for parole for 20 years
Court of Appeal of Quebec (Montréal)
2019 QCCA 460, 500-10-006323-164, 500-10-006325-169
Appeals 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