Jacques Gauvin

The appellant was acquitted of robbery at trial.

The Court of Appeal ordered a new trial, finding that the trial judge failed to adequately instruct the jury on complicity as an alternative basis for guilt under s. 21(1) of the Criminal Code.

The Supreme Court of Canada dismissed the appeal, agreeing that the trial judge's failure to instruct the jury on complicity warranted a new trial.

The Attorney General of Quebec appealed a decision upholding the respondent's acquittal for violating the Highway Safety Code by carrying an excess load.

The Supreme Court of Canada allowed the appeal for the reasons set out by the dissenting judge in the Court of Appeal, set aside the lower court judgments, and ordered a new trial.