Bellerose v. A.G. of Quebec, [1986] 1 S.C.R. 55
René Bellerose, Michel Bellerose, Denise Bellerose Appellants;
and
Attorney General of Quebec Respondent.
File No.: 17963.
1986: February 26.
Present: Beetz, McIntyre, Chouinard, Lamer, Wilson, Le Dain and La Forest JJ.
on appeal from the court of appeal for quebec
Criminal law -- Jurisdiction -- Procedure -- Accused charged with same offences in separate informations -- Joint trial -- No jurisdiction to try simultaneously separate informations.
Cases Cited
Phillips and Phillips v. The Queen, 1983 CanLII 161 (SCC), [1983] 2 S.C.R. 161; Khan v. The Queen, 1984 CanLII 74 (SCC), [1984] 2 S.C.R. 62, followed.
Statutes and Regulations Cited
Criminal Code, R.S.C. 1970, c. C-34, s. 717.
APPEAL from a judgment of the Quebec Court of Appeal, J.E. 83-857, dismissing, by a majority, the appeals of appellants from their convictions on charges of assaulting peace officers entered by the Superior Court allowing in part appeals from their convictions entered by Sylvestre J. of the Court of Sessions of the Peace. Appeal allowed.
Alain Généreux, for the appellants.
Maurice Parent, for the respondent.
English version of the judgment of the Court delivered orally by
Beetz J.--In light of Phillips and Phillips v. The Queen, 1983 CanLII 161 (SCC), [1983] 2 S.C.R. 161, and Khan v. The Queen, 1984 CanLII 74 (SCC), [1984] 2 S.C.R. 62, the trial judge lacked jurisdiction. The appeal is allowed, the judgments of the Court of Appeal and the trial court are set aside, the conviction of appellants is quashed and it is ordered that appellants be tried in accordance with the law.
Pursuant to s. 717 of the Criminal Code, it is ordered that no civil proceedings be taken against the judge of Sessions of the Peace in respect of the convictions in question.
Judgment accordingly.
Solicitors for the appellants: Généreux & Simard, Joliette.
Solicitor for the respondent: Maurice Parent, Joliette.