Paul Roy

The appellant appealed a decision of the Quebec Court of Appeal finding him guilty of sexual assault involving mentally handicapped persons.

The Supreme Court of Canada dismissed the appeal, holding that even though section 273.1 of the Criminal Code was not in force at the time of the alleged acts, the appellant must be convicted based on the evidence.

The Crown appealed a judgment setting aside a murder conviction and substituting a verdict of not guilty by reason of insanity.

The Supreme Court held that the court below erred by treating the first branch of s. 16(2) of the Criminal Code as extending to moral wrongfulness and by invoking s. 7 of the Charter to re-interpret that branch contrary to existing authority.

However, applying the majority reasoning in Chaulk, the Court concluded the accused's delusional state rendered him incapable of knowing the act was morally wrong under the second branch of s. 16(2).

The appellate substitution of a verdict of not guilty by reason of insanity under s. 686(1)(d) was therefore upheld and the Crown's appeal was dismissed.