Bouvier v. The Queen, [1985] 2 S.C.R. 485

Gaetan Bouvier Appellant;

and

Her Majesty The Queen Respondent.

File No.: 18361.

1985: December 13.

Present: Dickson C.J. and Beetz, Chouinard, Lamer, Wilson, Le Dain and La Forest JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO

Criminal law ‑‑ Charge to jury ‑‑ Burden of proof ‑‑ Identification ‑‑ Trial judge misdirecting jury with respect to the requirement of proof beyond a reasonable doubt ‑‑ Standard of proof beyond a reasonable doubt not applying to the individual items of evidence but to the totality of the evidence.

APPEAL from a judgment of the Ontario Court of Appeal (1984), 1984 CanLII 3453 (ON CA), 11 C.C.C. (3d) 257, 1 O.A.C. 302, setting aside the accused's acquittal on charges of rape and robbery and ordering a new trial. Appeal dismissed.

Michael J. Neville, for the appellant.

D. C. Hunt, Q.C., for the respondent.

The judgment of the Court was delivered orally by

[1] The Chief Justice ‑‑ It will not be necessary to call upon you Mr. Hunt. We are not persuaded that the Court of Appeal of Ontario erred in its conclusion and in ordering a new trial. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Burritt, Grace, Neville & Hall, Ottawa.

Solicitor for the respondent: Attorney General for Ontario, Toronto.