Case information
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40059
Ugo Fredette 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) |
|---|---|---|
| 2024-01-26 | Close file on Leave | |
| 2022-06-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-06-16 | Judgment on leave sent to the parties | |
| 2022-06-16 |
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), Number 500-10-007211-194, 2021 QCCA 1844, dated December 10, 2021, is dismissed. Dismissed |
|
| 2022-05-02 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-03-23 | Certificate (on limitations to public access), (Letter Form), (Included in the certificate (on limitations to public access)), 23B, (Printed version due on 2022-03-30) | Her Majesty the Queen |
| 2022-03-23 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-03-30) | Her Majesty the Queen |
| 2022-03-23 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-04-28, (Printed version filed on 2022-03-28) | Her Majesty the Queen |
| 2022-03-14 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED - 2022-03-11 | |
| 2022-03-10 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2022-03-17) | Ugo Fredette |
| 2022-03-10 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-03-17) | Ugo Fredette |
| 2022-02-08 |
Application for leave to appeal, (Book Form), Required: -Signed copy of CA judgement (rec'd from counsel - 2022-03-16) -TC final judgement - not available -Amended Notice of application (rec'd from counsel - 2022-03-16), Completed on: 2022-03-18, (Printed version due on 2022-02-15) |
Ugo Fredette |
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 |
|---|---|---|
| Fredette, Ugo | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Counsel
Party: Fredette, Ugo
Counsel
Philippe Comtois
Louis-Alexandre Martin
407 boul. Saint-Laurent
Bureau 600
Montréal, Quebec
H2Y 2Y5
Telephone: (514) 441-2122
FAX: (514) 720-7522
Email: maude.page.arpin@gmail.com
Party: Her Majesty the Queen
Counsel
Steve Baribeau
25, rue De Martigny Ouest
Bureau D-3
St-Jérôme, Quebec
J7Y 4Z1
Telephone: (450) 431-4401 Ext: 63813
FAX: (450) 569-3051
Email: alexis.marcotte-belanger@dpcp.gouv.qc.ca
Summary
Keywords
Criminal law — Charge to jury — Unanimity — First degree murder — Whether Quebec Court of Appeal erred in law in finding that trial judge had properly instructed jurors by telling them that they had to be unanimous about verdict but that they did not have to be unanimous about whether, in case of first victim, predicate offence for first degree murder was forcible confinement or criminal harassment, or about whether, in case of second victim, murder was first degree murder because it was planned or because of commission of predicate offence of forcible confinement.
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)
Following a trial presided over by Lachance J. of the Superior Court, a jury convicted Mr. Fredette of two counts of first degree murder. The trial judge instructed the jurors that they had to be unanimous about the verdict in order to convict the accused but that they did not have to be unanimous about which offence was the predicate offence for the first victim’s murder or, in the case of the second victim, about whether the murder was first degree murder because it was planned or because of the commission of the predicate offence of forcible confinement. The Court of Appeal dismissed the appeal, finding that the principles in R. v. Thatcher, [1987] 1 S.C.R. 652, were capable of a formulation that extended beyond questions of participation and that a jury need not be unanimous with respect to alternative legal routes to a guilty verdict.
Lower court rulings
Superior Court of Quebec
700-01-160794-171
Guilty verdicts returned by jury on two counts of first degree murder
Court of Appeal of Quebec (Montréal)
2021 QCCA 1844, 500-10-007211-194
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