Jacques Mercier

The appellant appealed a decision of the Quebec Court of Appeal that set aside her acquittal on charges of criminal negligence and ordered a new trial.

The Supreme Court of Canada allowed the appeal and restored the acquittal, adopting the reasons of the dissenting judge at the Court of Appeal.

The accused was convicted at trial of sexual assault with a weapon after penetrating the complainant with a bamboo dildo.

The Court of Appeal substituted a conviction for sexual assault simpliciter, finding the object was not a weapon.

The Supreme Court of Canada allowed the Crown's appeal and restored the trial conviction.

The Court held that an object used in causing physical or psychological injury during a sexual assault constitutes a weapon under section 2 of the Criminal Code, even if the injury does not amount to bodily harm and the object was not specifically designed to cause injury.