Supreme Court of Canada

Flamand v. The Queen, [1982] 1 S.C.R. 337

Date: 1982-03-02

Antonio Flamand Appellant;

and

Her Majesty The Queen Respondent.

File No.: 15943.

1982: February 25; 1982: March 2.

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

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Contempt of court—Charges of indecent assault—Impartiality of trial judge questioned—Statements by accused at trial do not constitute contempt of court—Contempt of court procedure not followed.

APPEAL from a judgment of the Court of Appeal of Quebec dismissing the appellant’s appeal from his conviction of contempt of court by a judge of the Court of the Sessions of the Peace. Appeal allowed.

Guy Bertrand, Q.C., for the appellant.

Bernard Laprade and Jean Morin, for the respondent.

THE COURT—We are all of the opinion that this appeal must be allowed for the reasons given by Mayrand J.A., in the Court of Appeal of Quebec, reported at (1980), 1980 2932 (QC CA), 57 C.C.C. (2d) 366. The judgment of the Court of Appeal is accordingly set aside and an acquittal is entered of the conviction on a charge of contempt in the face of the Court.

Judgment accordingly.

Solicitors for the appellant: Bertrand, Otis, Grenier & Larochelle, Quebec.

Solicitors for the respondent: Jean Morin and Bernard Laprade, Montreal.