Isabelle Hudon

The appellant was acquitted of unlawfully practising medicine.

The respondent appealed the acquittal by way of trial de novo under section 75 of the Summary Convictions Act.

The appellant argued that this procedure violated his right against double jeopardy under section 11(h) of the Canadian Charter of Rights and Freedoms.

The Supreme Court of Canada held that an appeal by way of trial de novo by a prosecutor from an acquittal is essentially a new trial and violates section 11(h).

The appeal was allowed and the acquittal restored.

The Crown appealed a decision of the Quebec Court of Appeal that allowed the accused's appeal against convictions for conspiracy and mischief due to insufficient jury directions regarding prior inconsistent statements.

The Supreme Court of Canada dismissed the Crown's appeal, agreeing that the trial judge's directions were insufficient.

The Court also dismissed the accused's motions for an extension of time and a cross-appeal.