Supreme Court of Canada

Fleurant v. The Queen, [1980] 1 S.C.R. 588

Date: 1980-04-30

Roger Fleurant Appellant;

and

Her Majesty The Queen Respondent.

1980: April 30.

Present: Laskin C.J. and Dickson, Beetz, Estey, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Criminal law—Circumstantial evidence—Acquittal—Assessment of the evidence by the trial judge—No error in law.

APPEAL from a judgment of the Court of Appeal for Quebec[^1] reversing the appellant’s acquittal by a judge of the Court of the sessions of the peace[^2] on a charge of possession of a weapon for a purpose dangerous to the public peace. Appeal allowed.

Richard Perras, for the appellant.

Michel Saint-Aubin, for the respondent.

English version of the judgment of the Court delivered orally by

THE CHIEF JUSTICE—We are all of the opinion that this appeal must be allowed. The acquittal by the trial judge was based on his assessment of the evidence and it was not shown to us that the trial judge erred in law. Accordingly, this judgment of the Court of Appeal is set aside and the acquittal is restored.

Appeal allowed.

Solicitors for the appellant: Beaudoin, Morin & Ass., St-Jérôme, Québec.

Solicitor for the respondent: Michel Saint-Aubin, St-Jérôme, Québec.

[^1]: CAM. 500-10-000451-763. [^2]: C.S.P. Terrebonne 700-01-002852-757.