Paul Thériault

The appellants were charged in separate informations with hunting with a light contrary to the New Brunswick Game Act.

A third person was charged in a separate information with obstructing police officers.

By consent, all three defendants were tried together and the appellants were convicted.

The Supreme Court of Canada held that a trial judge is without jurisdiction to try together separate informations or indictments, even with the consent of the parties.

The appeal was allowed and new trials were ordered.

The appellant, a Quebec police officer, pursued a taxi driver into New Brunswick after observing what he believed to be dangerous driving.

When the driver refused to stop and attempted to flee, the officer fired warning shots and then shots at the vehicle's tires.

The officer was convicted of careless use of a firearm.

The Supreme Court of Canada allowed the appeal and restored his acquittal, holding that a peace officer in fresh pursuit across a provincial border retains their status for the purpose of the protection afforded by s. 25(4) of the Criminal Code, and that the force used was not excessive.