Supreme Court of Canada

Bernard v. The Queen, [1980] 1 S.C.R. 593

Date: 1980-05-01

Steve Bernard Appellant;

and

Her Majesty The Queen Respondent.

1980: May 1.

Present: Martland, Ritchie, Beetz, Estey, McIntyre, Chouinard and Lamer JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Criminal law—Charge of breaking and entering to commit a theft—Accused unlawfully at large—Benefit of the doubt—Criminal Code, R.S.C. 1970, c. C-34, s. 306(1)(a).

APPEAL from a majority judgment of the Court of Appeal for Quebec[^1] reversing an acquittal, by a judge of the Superior Court, criminal division, on a charge of breaking and entering. Appeal allowed.

Richard Perras, for the appellant.

Pierre Rousseau, for the respondent.

English version of the judgment of the Court delivered orally by

MARTLAND J.—We all agree with the dissent of Montgomery J.A.

The appeal is allowed, the judgment of the Court of Appeal is set aside and the acquittal of the appellant is restored.

Appeal allowed.

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

Solicitor for the respondent: Pierre Rousseau, St-Jérôme.

[^1]: [1978] C.A. 453.