quebec v. girouard, [1988] 2 S.C.R. 254
Jean Beauchesne Appellant
v.
The Attorney General of the province of Quebec Respondent
and
Judge Gérard Girouard and Mr. Justice Jacques Ducros Mis en cause
indexed as: quebec (attorney general) v. girouard
File No.: 19186.
1988: April 21; 1988: October 20.
Present: McIntyre, Lamer, Wilson, Le Dain* and La Forest JJ.
on appeal from the court of appeal for quebec
Criminal law‑‑Preliminary inquiry‑‑Certiorari‑‑Accused brought to trial on lesser charges than the initial ones‑‑Magistrate's error made within the scope of his jurisdiction‑‑Writ of certiorari quashed.
APPEAL from a judgment of the Quebec Court of Appeal (1984), 1984 CanLII 5670 (QC CA), 43 C.R. (3d) 92, affirming a judgment of the Superior Court authorizing a writ of certiorari to be issued. Appeal allowed.
Daniel Rock and Michel Vleminckx, for the appellant.
Claude Haccoun and Michel Denis, for the respondent.
English version of the judgment delivered by
- The Court‑‑We are all of the view that this appeal should be allowed. Assuming, without deciding the point, that the magistrate erred in the manner suggested, the error was made within the scope of his jurisdiction and as such cannot be a basis for the remedy of certiorari. The writ issued by the Superior Court judge is quashed for all legal purposes and the decision of the magistrate restored.
Appeal allowed.
Solicitors for the appellant: Duceppe, Beaudry & Associés, Montréal.
Solicitor for the respondent: Claude Haccoun, Montréal.
- Le Dain J. took no part in the judgment.