Raynald Bordeleau

The accused was charged with obstructing justice and committed after refusing to testify at the preliminary hearing of another accused.

The accused applied for certiorari to set aside the committal, which was dismissed by the Superior Court but allowed by the Court of Appeal.

The Supreme Court of Canada allowed the Crown's appeal and restored the Superior Court's judgment, noting that the judge did not exercise the powers of committal conferred by section 472 of the Criminal Code, rendering the questions raised in the Court of Appeal moot.

The accused was convicted of conspiracy to commit fraud based on a confession obtained after police repeatedly denied him the right to consult a lawyer.

The trial judge admitted the confession, but the Court of Appeal excluded it, finding the denial of counsel created an atmosphere of coercion that raised a reasonable doubt about voluntariness.

The Crown appealed to the Supreme Court of Canada.

The Court quashed the appeal, holding that the Court of Appeal's difference of opinion with the trial judge on the factual effect of the police refusals did not raise a question of law.