R. v. Lévesque, [1988] 1 S.C.R. 231

Her Majesty The Queen Appellant

v.

Jean-Claude Lévesque Respondent

Indexed as: R. v. Lévesque

File No.: 19897.

1988: February 24.

Present: Beetz, Lamer, Le Dain, La Forest and L'Heureux-Dubé JJ.

On appeal from the Court of Appeal for Quebec

Criminal law -- Charge to the jury -- Prior inconsistent statements -- Whether trial judge's directions to the jury sufficient.

Appeal -- Appeal as of right -- Cross-appeal -- Supreme Court Rules, s. 29.

Statutes and Regulations Cited

Supreme Court Rules, SOR/83-74, s. 29.

APPEAL from a judgment of the Quebec Court of Appeal, [1986] R.J.Q. 1586, allowing the accused's appeal against a conviction on a charge of conspiracy and mischief. Appeal dismissed.

Jacques Casgrain, for the appellant.

Guy Bertrand and Isabelle Hudon, for the respondent.

English version of the judgment of the Court delivered orally by

[1] Beetz J. -- My brother Justice Lamer will deliver the Court's judgment.

[2] Lamer J. -- With respect to Mr. Bertrand's two motions based on s. 29 of the Supreme Court Rules for an extension of time and a cross-appeal, we do not need to hear you Mr. Casgrain. We are all of the view that they must be dismissed.

[3] We do not need to hear you on the merits Mr. Bertrand.

[4] The Court was not shown that the Court of Appeal erred in law when it found that the trial judge's directions to the jury were not sufficient in the case at bar. We are all of the view that the appeal should be dismissed.

Judgment accordingly.

Solicitor for the appellant: Jacques Casgrain, Québec.

Solicitors for the respondent: Tremblay, Bertrand, Bois, Mignault, Duperrey & Lemay, Ste-Foy.