Case information
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41513
Marc Gauthier v. His Majesty the King
(Ontario) (Criminal) (By Leave)
(Publication ban in case) (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) |
|---|---|---|
| 2025-01-31 | Close file on Leave | |
| 2025-01-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-30 | Judgment on leave sent to the parties | |
| 2025-01-30 |
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 for Ontario, Number C68998, 2024 ONCA 621, dated August 20, 2024, is dismissed. Dismissed |
|
| 2025-01-06 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-12-10 | Correspondence received from, (Letter Form), (Printed version due on 2024-12-17) | Marc Gauthier |
| 2024-12-02 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2024-12-04) | Marc Gauthier |
| 2024-12-02 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-12-03, (Printed version filed on 2024-12-04) | Marc Gauthier |
| 2024-11-20 |
Certificate (on limitations to public access), (Letter Form), Form 23A and 23B Amended version required, (Printed version due on 2024-11-27) |
His Majesty the King |
| 2024-11-20 | Respondent's response on the application for leave to appeal, (Book Form), PUBLICATION BAN AND RESTRICTED, Completed on: 2024-11-20, (Printed version filed on 2024-11-22) | His Majesty the King |
| 2024-10-23 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2024-10-21 |
Certificate (on limitations to public access), (Book Form), Form 23B Amended version received on 2024-12-11, (Printed version filed on 2024-10-22) |
Marc Gauthier |
| 2024-10-21 |
Certificate (on limitations to public access), (Letter Form), Form 23A Amended version received on 2024-12-11, (Printed version filed on 2024-10-22) |
Marc Gauthier |
| 2024-10-21 |
Application for leave to appeal, (Book Form), PUBLICATION BAN AND RESTRICTED Missing: - Amended notice of application (Rec'd 2024-12-11), Completed on: 2024-12-11, (Printed version filed on 2024-10-22) |
Marc Gauthier |
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 |
|---|---|---|
| Gauthier, Marc | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
Counsel
Party: Gauthier, Marc
Counsel
Olivia Eng
77 King Street West, Suite 4130
Toronto-Dominion Centre, TD North Tower
Toronto, Ontario
M5K 1H1
Telephone: (416) 593-1668
FAX: (416) 593-9345
Email: naderh@stockwoods.ca
Agent
50 O'Connor Street Suite 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5560
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca
Party: His Majesty the King
Counsel
720 Bay Street, 10th Floor
McMurtry-Scott Bldg
Toronto, Ontario
M7A 2S9
Telephone: (416) 326-4600
FAX: (416) 326-4656
Email: michael.fawcett@ontario.ca
Summary
Keywords
Charter of Rights and Freedoms — Search and seizure — Private communications — Whether communications that constitute the means of committing an offence against the recipient are exempt from the protection of s. 8 of the Charter — Whether individuals can maintain a reasonable expectation of privacy in their private communications when the recipient of those communications voluntarily provides them to police — Whether appellate courts are watering down the applicable threshold for application of the curative proviso under s. 686(1)(b)(iii) of the Criminal Code?
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) (ORDER RESTRICTING ACCESS TO INFORMATION IN CASE)
Police responding to a 911 call forced entry into Mr. Gauthier’s apartment. They found Mr. Gauthier and his deceased girlfriend inside the apartment. Mr. Gauthier conceded that he killed his girlfriend. The Crown argued the jury should find Mr. Gauthier guilty of first degree murder because the killing was planned and deliberate, relying in part on a message Mr. Gauthier had left on the answering machine of his family physician, or because he had barricaded the door to his apartment and confined his girlfriend while killing her. Mr. Gauthier’s counsel argued reasonable doubt on both theories of first degree murder. Mr. Gauthier was convicted of first degree murder. The Court of Appeal dismissed an appeal.
Lower court rulings
Ontario Superior Court of Justice
CR-18-090
Conviction by jury of first degree murder
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