Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36516
René Barkley v. Don Head, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
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
v.
Counsel
Party: Barkley, René
This party is not represented by counsel.
Party: Don Head
Counsel
Dominique Guimond
Complexe Guy-Favreau
200, boul René-Lévesque Ouest, Tour Est, 5e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-9230
FAX: (514) 283-3856
Email: marjolaine.breton@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Stéphanie Jaillet and Attorney General of Canada
Counsel
Complexe Guy-Favreau
200, boul René-Lévesque Ouest, Tour Est, 5e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-9230
FAX: (514) 283-3856
Email: marjolaine.breton@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
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.
Canadian Charter of Rights and Freedoms – Prisons – Prerogative writ – Habeas corpus – Residual liberty – Deprivation of liberty – No substantial change in conditions of detention – Whether judges below erred in finding that applicant had not suffered loss of residual liberty – Whether applicant was afforded fair process pursuant to s. 7 of Charter.
René Barkley, who was found to be a dangerous offender on November 12, 2003, submitted a third application for habeas corpus to the Superior Court. He challenged the assessment of his security classification prepared during the 2013 annual review, as confirmed by the warden of the maximum security penitentiary, which determined that he met the maximum security criteria. Based on his own assessment, he believed that he deserved a lower security classification, which would allow him to be in a minimum security institution.
Lower court rulings
Superior Court of Quebec
2014 QCCS 5718, 650-36-000257-143
Application for habeas corpus dismissed at stage of issuing writ
Court of Appeal of Quebec (Québec)
200-10-003087-140
See file
Court of Appeal of Quebec (Québec)
200-10-003087-140, 2014 QCCA 2268
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-03-15 | Close file on Leave | |
| 2016-03-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-03-11 | Judgment on leave sent to the parties | |
| 2016-03-10 |
Judgment of the Court on the application for leave to appeal, The motion for the extension of time to serve and file the reply is granted. The motion to appoint counsel and the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003087-140, 2014 QCCA 2268, dated December 12, 2014, are dismissed without costs. Dismissed, without costs |
|
| 2016-03-10 |
Decision on the motion to appoint counsel Dismissed |
|
| 2016-03-10 |
Decision on motion to extend time Allowed |
|
| 2016-02-01 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-02-01 | Submission of motion to extend time, Abe Ka Br | |
| 2016-02-01 | Submission of motion to extend time, Abe Ka Br | |
| 2016-02-01 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2016-02-01 | Submission of motion to appoint counsel, Abe Ka Br | |
| 2015-09-18 | Motion to extend time, (Included in the applicant's reply to respondent's argument), Completed on: 2015-09-18 | René Barkley |
| 2015-09-18 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-01-05 | René Barkley |
| 2015-09-04 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-04) | Don Head |
| 2015-08-31 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-08-31, (Electronic version filed on 2015-08-31) | Don Head |
| 2015-07-17 | Letter advising parties of a complete application for leave to appeal, file opened on 2015-07-17 | |
| 2015-07-09 | Correspondence received from, (Letter Form), Mr. Barkley re: Memorandum already filed and part of the application | René Barkley |
| 2015-04-22 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2015-04-21 | Certificate (on limitations to public access), (Letter Form), (Included in the application for leave to appeal), new copy of 23A received 2015-08-07 | René Barkley |
| 2015-04-21 | Correspondence received from, (Letter Form), René Barkley dated 2015-04-02 re: missing documents | René Barkley |
| 2015-04-21 | Motion to extend time, (Letter Form), in order to file the memorandum after the 3 months delay (not necessary), Completed on: 2015-04-21 | René Barkley |
| 2015-02-09 | Letter advising parties of an incomplete application for leave to appeal, Checklist | |
| 2015-02-03 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-01-30 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), (Included in the application for leave to appeal), not necessary, Completed on: 2015-01-30 | René Barkley |
| 2015-01-30 | Motion to appoint counsel, (Letter Form), (Included in the application for leave to appeal), Completed on: 2015-01-30 | René Barkley |
| 2015-01-30 | Correspondence received from, (Letter Form), (Included in the application for leave to appeal), René Barkley re: fee waiver requested and granted by the Registrar 2015-08-28 | René Barkley |
| 2015-01-30 | Application for leave to appeal, (Letter Form), File opened 2015-07-14 (memorandum rec'd 2015-07-09), Completed on: 2015-01-30 | René Barkley |
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 |
|---|---|---|
| Barkley, René | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Don Head | Respondent | Active |
| Stéphanie Jaillet and Attorney General of Canada | Respondent | Active |
Counsel
Party: Barkley, René
This party is not represented by counsel.
Party: Don Head
Counsel
Dominique Guimond
Complexe Guy-Favreau
200, boul René-Lévesque Ouest, Tour Est, 5e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-9230
FAX: (514) 283-3856
Email: marjolaine.breton@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Stéphanie Jaillet and Attorney General of Canada
Counsel
Complexe Guy-Favreau
200, boul René-Lévesque Ouest, Tour Est, 5e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 496-9230
FAX: (514) 283-3856
Email: marjolaine.breton@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
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.
Canadian Charter of Rights and Freedoms – Prisons – Prerogative writ – Habeas corpus – Residual liberty – Deprivation of liberty – No substantial change in conditions of detention – Whether judges below erred in finding that applicant had not suffered loss of residual liberty – Whether applicant was afforded fair process pursuant to s. 7 of Charter.
René Barkley, who was found to be a dangerous offender on November 12, 2003, submitted a third application for habeas corpus to the Superior Court. He challenged the assessment of his security classification prepared during the 2013 annual review, as confirmed by the warden of the maximum security penitentiary, which determined that he met the maximum security criteria. Based on his own assessment, he believed that he deserved a lower security classification, which would allow him to be in a minimum security institution.
Lower court rulings
Superior Court of Quebec
2014 QCCS 5718, 650-36-000257-143
Application for habeas corpus dismissed at stage of issuing writ
Court of Appeal of Quebec (Québec)
200-10-003087-140
See file
Court of Appeal of Quebec (Québec)
200-10-003087-140, 2014 QCCA 2268
Appeal dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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