Case information
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41557
Martin Bradette v. His Majesty the King, et al.
(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) |
|---|---|---|
| 2025-11-12 | Close file on Leave | |
| 2025-11-12 | Correspondence (sent by the Court) to, all parties RE: Nothing further Letter | |
| 2025-10-01 | Reconsideration not accepted for filing, Letter by the Registrar sent to parties (by mail and by email) | |
| 2025-09-09 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2025-08-21 |
Motion for reconsideration of the application for leave to appeal, (Book Form), including also : - a motion to amend a judgment - a motion for remand - a motion to be excused from complying with Rule 32(2), Completed on: 2025-08-29 |
Martin Bradette |
| 2025-07-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-07-24 | Judgment on leave sent to the parties | |
| 2025-07-24 |
Judgment of the Court on the application for leave to appeal, The applicant’s motion to appoint counsel pursuant to s. 694.1 of the Criminal Code is dismissed. The applicant’s motion to appoint an amicus curiae is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-008247-247, 2024 QCCA 1179, dated September 13, 2024, is dismissed. Justice Kasirer took no part in the judgment. Dismissed |
|
| 2025-07-24 |
Decision on the miscellaneous motion, See judgment on application Dismissed |
|
| 2025-06-27 | Correspondence (sent by the Court) to, Rule 32 (2) letter sent to the applicant by regular mail and the respondents by email. | |
| 2025-06-18 |
Notice of miscellaneous motion, (Book Form), Missing Proof of service, Incomplete |
Martin Bradette |
| 2025-05-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-05-12 | Submission of miscellaneous motion, for consideration by the Court | |
| 2025-04-23 | Correspondence received from, (Letter Form), with lower court documents. | Martin Bradette |
| 2025-04-16 | Lower court order - e-filing, (Letter Form), Order of the Quebec Court of Appeal | Martin Bradette |
| 2025-04-16 | Affidavit, (Letter Form), In support to the motion to appoint counsel | Martin Bradette |
| 2025-01-09 |
Applicant's reply to respondent's argument, (Letter Form), to Attorney General of Canada response. - Proof of service (Service made by the Registry on 2025-01-28), Completed on: 2025-03-03, (Printed version filed on 2025-01-09) |
Martin Bradette |
| 2025-01-06 | Response to miscellaneous motion, (Letter Form), (Included in the respondent's response on the application for leave to appeal), To motion for waiver of compliance with rules and tariffs and for appointment of counsel., Completed on: 2025-01-06, (Printed version due on 2025-01-13) | His Majesty the King |
| 2025-01-06 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2025-01-08) | His Majesty the King |
| 2025-01-06 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2025-01-06, (Printed version due on 2025-01-13) | His Majesty the King |
| 2024-12-31 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-12-31) | Attorney General of Canada |
| 2024-12-31 |
Respondent's response on the application for leave to appeal, (Book Form), Missing - Counsel's signature (Rec'd 01-03-2025), Completed on: 2025-01-03, (Printed version filed on 2024-12-31) |
Attorney General of Canada |
| 2024-12-24 | Applicant's reply to respondent's argument, (Book Form), to His Majesty the King response, Completed on: 2025-01-17 | Martin Bradette |
| 2024-12-16 | Correspondence received from, (Letter Form), Advising that there might be a conflict of interest., (Printed version due on 2024-12-23) | Martin Bradette |
| 2024-12-16 | Reply to miscellaneous motion, (Letter Form), Completed on: 2025-01-17, (Printed version filed on 2025-01-16) | Martin Bradette |
| 2024-12-04 | Response to miscellaneous motion, (Letter Form), To motion for waiver of compliance with rules and tariffs and for Appointment of Counsel, Completed on: 2024-12-05, (Printed version filed on 2025-01-08) | Attorney General of Canada |
| 2024-11-22 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-11-06 | Affidavit, (Included in the notice of miscellaneous motion), In support of the motion | Martin Bradette |
| 2024-11-06 |
Notice of miscellaneous motion, (Book Form), Motion to be dispensed with compliance of the rules and fees and motion to appoint counsel Affidavit filed on 2025-04-17 advising that the applicant is unable to receive a letter of refusal from legal aid. Missing: -Letter of counsel -Letter of refusal of legal aid, Completed on: 2025-04-16 |
Martin Bradette |
| 2024-11-06 |
Application for leave to appeal, (Book Form), Missing: -Public access to information form -Proof of service (motion + affidavit) (done by the registry 2024-11-26), Completed on: 2025-01-28 |
Martin Bradette |
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 |
|---|---|---|
| Bradette, Martin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Respondent | Active |
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Bradette, Martin
This party is not represented by counsel.
Party: His Majesty the King
Counsel
2800 boulevard Saint-Martin
Bureau local 1.02
Laval, Quebec
H7T 2S9
Telephone: (450) 686-5911 Ext: 62334
FAX: (450) 686-8678
Email: simon.blais@dpcp.gouv.qc.ca
Party: Attorney General of Canada
Counsel
Dominique Guimond
Complexe Guy-Favreau
200 boulevard René-Lévesque
Montréal, Quebec
H2Z 1X4
Telephone: (438) 364-2756
Email: david.boire-schwab@justice.gc.ca
Agent
National Litigation Sector
275 Sparks Street, St-Andrew Tower
Ottawa, Ontario
K1A 0H8
Telephone: (613) 294-6588
Email: SCCAgentCorrespondentCSC@justice.gc.ca
Summary
Keywords
Prerogative writs — Habeas corpus — Convicted of criminal offences — Sentence of incarceration — Warrant of committal — Whether lower courts erred — 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.
In 2008, Martin Bradette pleaded guilty to several criminal offences. In 2009, the Court of Québec found him to be a dangerous offender and imposed an indeterminate sentence. Mr. Bradette challenged by way of a habeas corpus the warrant of committal pursuant to which he is serving his sentence. The Attorney General of Canada and the prosecutor filed a motion to dismiss that application, a motion that was itself challenged by a motion for dismissal by Mr. Bradette.
At first instance, the judge found that Mr. Bradette did not raise a valid doubt regarding the deprivation of his liberty and the legality of his detention. The habeas corpus application was doomed to fail because it satisfied the manifestly frivolous test. The Court of Appeal dismissed the application for leave to appeal out of time because the appeal had no reasonable chance of success. It also indicated that no error was committed by the trial judge.
Lower court rulings
Mr. Bradette’s motion for summary dismissal against motion for dismissal dismissed
His Majesty the King’s motion for dismissal against habeas corpus application allowed
Mr. Bradette’s habeas corpus application dismissed
Application for assignment of counsel pursuant to s. 684 of Criminal Code dismissed
Application for leave to appeal out of time dismissed
Motions for dismissal of appeal declared moot
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