Supreme Court of Canada
Fleurant v. The Queen, 1980 CanLII 170 (SCC), [1980] 1 SCR 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 Quebec1 reversing the appellant’s acquittal by a judge of the Court of the sessions of the peace2 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.