Case information
Consult our database for details on a Supreme Court of Canada case.
42169
His Majesty the King v. Patrick Dussault
(Quebec) (Criminal) (By Leave)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-10-02 | Certificate (on limitations to public access), 23B | Patrick Dussault |
| 2026-10-02 | Motion to adduce new evidence, (Book Form), Completed on: 2026-10-07, (Printed version filed on 2026-10-06) | Patrick Dussault |
| 2026-10-02 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2026-10-09) | Patrick Dussault |
| 2026-10-02 | Certificate of counsel (attesting to record), (Letter Form), 24B, (Printed version due on 2026-10-09) | Patrick Dussault |
| 2026-10-02 | Respondent's record, (Book Form), (8 volumes), Incomplete, (Printed version due on 2026-10-09) | Patrick Dussault |
| 2026-10-02 | Respondent's factum, (Book Form), Incomplete, (Printed version due on 2026-10-09) | Patrick Dussault |
| 2026-10-02 | Order on motion for leave to intervene, by JUSTICE CÔTÉ | |
| 2026-10-02 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by the Attorney General of British-Columbia, the Attorney General of Saskatchewan, the Attorney General of Alberta and the Criminal Lawyers’ Association (Ontario) for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene are granted, and the four (4) interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before November 16, 2026. The four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners are not entitled to express a position on the disposition of the appeal, to raise new issues, to adduce further evidence or otherwise to supplement the record of the parties. The interveners are not permitted to advance submissions that duplicate those of the other parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and the respondent any additional disbursements resulting from their respective interventions. Granted |
|
| 2026-10-02 | Submission of motion for leave to intervene, Côt | |
| 2026-09-08 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2026-09-09) | Attorney General of Saskatchewan |
| 2026-09-08 | Motion for leave to intervene, (Book Form), Completed on: 2026-09-09, (Printed version filed on 2026-09-09) | Attorney General of Saskatchewan |
| 2026-09-04 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2026-09-04) | Attorney General of British Columbia |
| 2026-09-04 | Motion for leave to intervene, (Book Form), Completed on: 2026-09-04, (Printed version filed on 2026-09-04) | Attorney General of British Columbia |
| 2026-09-02 | Certificate (on limitations to public access), (Book Form), 23A / 23B, (Printed version filed on 2026-09-04) | Attorney General of Alberta |
| 2026-09-02 | Motion for leave to intervene, (Book Form), Completed on: 2026-09-03, (Printed version filed on 2026-09-04) | Attorney General of Alberta |
| 2026-08-20 | Notice of name, (Letter Form), (Printed version filed on 2026-08-24) | Criminal Lawyers' Association (Ontario) |
| 2026-08-20 | Motion for leave to intervene, (Book Form), Completed on: 2026-08-21, (Printed version filed on 2026-08-24) | Criminal Lawyers' Association (Ontario) |
| 2026-07-28 | Certificate (on limitations to public access), (Letter Form), 23B (Record and factum), (Printed version filed on 2026-07-30) | His Majesty the King |
| 2026-07-28 | Certificate (on limitations to public access), (Letter Form), 23A (Record and factum), (Printed version filed on 2026-07-30) | His Majesty the King |
| 2026-07-28 | Appellant's factum, (Book Form), Completed on: 2026-08-06, (Printed version filed on 2026-07-30) | His Majesty the King |
| 2026-07-28 | Certificate of counsel (attesting to record), (Letter Form), 24A, (Printed version filed on 2026-07-30) | His Majesty the King |
| 2026-07-28 |
Appellant's record, (Book Form), (3 volumes), PUB BAN AND SEALED Amended cover pages (received on August 19, 2026) Redacted/unredacted Volume 2 , Completed on: 2026-08-07, (Printed version filed on 2026-07-30) |
His Majesty the King |
| 2026-07-13 | Notice of hearing sent to parties | |
| 2026-07-13 | Appeal hearing scheduled, 2026-12-11 | |
| 2026-06-15 | Certificate (on limitations to public access), (Letter Form), 23B (Notice of appeal), (Printed version filed on 2026-06-15) | His Majesty the King |
| 2026-06-15 | Certificate (on limitations to public access), (Letter Form), 23A (Notice of appeal), (Printed version filed on 2026-06-15) | His Majesty the King |
| 2026-06-15 | Notice of appeal, (Letter Form), Completed on: 2026-06-15, (Printed version filed on 2026-06-15) | His Majesty the King |
| 2026-05-15 |
Correspondence (sent by the Court) to, by THE REGISTRAR Further to the judgment of May 14, 2026, granting leave to appeal the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-007995-234, 2025 QCCA 1433, dated November 13, 2025, the schedule for serving and filing the material is set as follows: a) The appellant shall serve and file his notice of appeal on or before June 15, 2026. b) Any notice of constitutional question shall be served and filed on or before June 15, 2026. c) Any attorney general intending to intervene under subrule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a notice of intervention respecting constitutional question on or before July 13, 2026. d) The appellant shall serve and file his factum, record and book of authorities, if any, on or before August 10, 2026. e) The Respondent shall serve and file his factum, record and book of authorities, if any, on or before October 5, 2026. f) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before September 8, 2026. g) The appellant and respondent shall serve and file their response(s), if any, to the motions for leave to intervene on or before September 18, 2026. h) Replies to any responses to the motions for leave to intervene shall be served and filed on or before September 25, 2026. i) Any intervener granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file its respective factum and book of authorities, if any, on or before November 16, 2026. j) Any attorney general intervening in the appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities, if any, on or before November 2, 2026. k) The hearing date will be confirmed following a determination by the Court of its hearing schedule and you will be advised accordingly. |
|
| 2026-05-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-05-14 | Judgment on leave sent to the parties | |
| 2026-05-14 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the amended reply is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-007995-234, 2025 QCCA 1433, dated November 13, 2025, is granted. The schedule for serving and filing the appeal documents will be set by the Registrar. The Chief Justice took no part in the judgment. Granted |
|
| 2026-05-14 | Decision on motion to extend time, See decision on application., Côt Mar Ja | |
| 2026-04-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2026-04-20 | Submission of motion to extend time, Côt Mar Ja | |
| 2026-04-08 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2026-04-15) | His Majesty the King |
| 2026-04-08 | Motion to extend time, (Book Form), Completed on: 2026-04-09, (Printed version filed on 2026-04-09) | His Majesty the King |
| 2026-02-23 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2026-03-30) | His Majesty the King |
| 2026-02-23 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2026-02-23) | His Majesty the King |
| 2026-02-23 |
Applicant's reply to respondent's argument, (Letter Form), Amended version rec 03-30-2026 Missing: - Motion to extend time (Rec 2026-04-08), Completed on: 2026-04-08, (Printed version filed on 2026-03-30) |
His Majesty the King |
| 2026-02-12 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2026-02-13) | Patrick Dussault |
| 2026-02-12 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2026-02-13) | Patrick Dussault |
| 2026-02-12 | Respondent's response on the application for leave to appeal, (Book Form), PUB BAN, Completed on: 2026-02-13, (Printed version filed on 2026-02-13) | Patrick Dussault |
| 2026-01-28 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version due on 2026-02-04) | His Majesty the King |
| 2026-01-13 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED | |
| 2026-01-12 | Book of authorities, (Book Form), Completed on: 2026-01-21 | His Majesty the King |
| 2026-01-12 |
Certificate (on limitations to public access), (Letter Form), 23A Amended version received 1-28-2026, (Printed version filed on 2026-01-28) |
His Majesty the King |
| 2026-01-12 | Application for leave to appeal, (Book Form), Completed on: 2026-01-21, (Printed version filed on 2026-01-21) | His Majesty the King |
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 |
|---|---|---|
| His Majesty the King | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Dussault, Patrick | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Attorney General of Saskatchewan | Intervener | Active |
| Attorney General of Alberta | Intervener | Active |
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
Counsel
Party: His Majesty the King
Counsel
Daphné Godin-Garito
1200, route de l’Église
Bureau 210
Québec, Quebec
G1V 4M1
Telephone: (418) 643-9059 Ext: 20844
FAX: (418) 644-3428
Email: julie.nadeau@dpcp.gouv.qc.ca
Agent
Palais de justice de Gatineau
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Party: Dussault, Patrick
Counsel
404 rue Marie-Morin, bureau A-06
Montréal, Quebec
H2Y 3T3
Telephone: (514) 840-9119
FAX: (514) 840-0177
Email: celiahadid.avocate@gmail.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
Jocelyn Rempel
197 Spadina Avenue
Suite 402
Toronto, Ontario
M5T 2C8
Telephone: (416) 964-9664 Ext: 107
FAX: (416) 964-8305
Email: aenenajor@rubyshiller.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Alberta
Counsel
Appeals and Specialized Prosecutions Office
300, 332-6th Avenue SW
Calgary, Alberta
T2P 0B2
Telephone: (403) 297-6005
FAX: (403) 297-3453
Email: aurelie.beland@gov.ab.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0106
FAX: (613) 788-3573
Email: lea.desjardins@gowlingwlg.com
Party: Attorney General of British Columbia
Counsel
Criminal Appeals & Special Prosecutions
6th Floor, 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1133
Email: joanne.dartana@gov.bc.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: Attorney General of Saskatchewan
Counsel
300-1874 Scarth Street
3rd Floor
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-5490
FAX: (306) 787-8878
Email: kelly.onyskevitch@gov.sk.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0106
FAX: (613) 788-3573
Email: lea.desjardins@gowlingwlg.com
Summary
Keywords
Criminal law — Sentencing — New trial — Accused convicted of second degree murder — Joint recommendation of parties on sentencing — First sentencing judge imposing sentence of life imprisonment, with no eligibility for parole for 12 years — Court of Appeal allowing accused’s appeal from guilty verdict — At end of second trial, second sentencing judge still imposing sentence of life imprisonment, but with no eligibility for parole for 14 years — Court of Appeal allowing accused’s appeal and varying sentence to restore original period of 12 years with no eligibility for parole — Whether Quebec Court of Appeal erred in law in finding that second judge could not impose period with no eligibility for parole that was longer than that imposed at end of first trial.
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 first jury trial, the respondent, Patrick Dussault, was convicted of second degree murder. The sentencing judge imposed a sentence of life imprisonment, with no eligibility for parole for 12 years, following a joint recommendation of the parties on the sentence. The Quebec Court of Appeal allowed an appeal by Mr. Dussault from the guilty verdict and ordered a new trial.
At the end of the second jury trial, in which Mr. Dussault was still convicted of second degree murder, a second sentencing judge imposed a longer and more severe sentence — life imprisonment, with no eligibility for parole for 14 years. The Court of Appeal allowed Mr. Dussault’s sentence appeal and restored the original sentence (at the end of the first trial): sentence of life imprisonment, with no eligibility for parole for 12 years.
Lower court rulings
Sentence imposed (following conviction for second degree murder) — life imprisonment, with no eligibility for parole for 14 years
Accused’s appeal — allowed; sentence varied (Mr. Dussault eligible for parole after serving 12 years of imprisonment)
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