Court of Appeal for Ontario
Before: Doherty, Juriansz and Karakatsanis JJ.A.
Between:
Her Majesty the Queen
Respondent
and
Andre Boisclair
Appellant
Counsel:
Ronald G. Guertin, for the appellant
Michael Bernstein, for the respondent
Heard: May 7, 2010
On appeal from the conviction entered by Justice R.J. Kealey of the Superior Court of Justice on August 15, 2008 and the sentence imposed dated August 15, 2008.
APPEAL BOOK ENDORSEMENT
1There are no merits to the procedural complaint. Although the trial judge started off on the wrong foot in the contempt proceedings, he was quickly brought back to the correct procedure by the submission of appellant’s counsel. The procedure followed was fair and appropriate.
2The trial judge summarily disposed of the duress argument in the first paragraph of his reasons (p. 35, August 15, 2008 reasons). He found the defence had no merit as there was no evidence that the appellant had gone to the police or sought their protection for himself and his family. Consequently, there was no evidence that he attempted to pursue the “obvious safe avenue of escape” as required under the leading authorities.
3The sentence was fit: see the comments in R. v. Yegin, [2010] ONCA 238. If anything, this case was worse than Yegin given the trial judge’s finding that the appellant’s refusal to testify impacted on her ability to properly try the first degree murder charge on its merits.
4The appeals are dismissed.
