R. v. Clermont, [1988] 2 S.C.R. 171

Her Majesty The Queen Appellant

v.

Sylvain Clermont Respondent

Indexed as: R. v. Clermont

File No.: 20165.

1988: October 7.

Present: McIntyre, Wilson, La Forest, L'Heureux‑Dubé and Sopinka JJ.

On appeal from the Court of Appeal for Quebec

Criminal law ‑‑ Sentence ‑‑ Probation ‑‑ Accused bound by probation order convicted of an offence ‑‑ Revocation of probation order and imposition of consecutive sentence ‑‑ Whether s. 664(4)(d) of the Criminal Code allows the court to impose a consecutive sentence when a probation order is revoked.

APPEAL from a judgment of the Quebec Court of Appeal (1986), 1986 CanLII 4755 (QC CA), 5 Q.A.C. 261, 30 C.C.C. (3d) 571, allowing an appeal by the accused from the sentences imposed at trial. Appeal dismissed.

Ginette Kirouac, for the appellant.

Andrée Marier, for the respondent.

English version of the judgment of the Court delivered orally by

[1] McIntyre J. ‑‑ We will not be calling upon you, Mrs. Marier. We are all of the view that the appeal should be dismissed for the reasons given by Rothman J.A. The appeal is dismissed.

Appeal dismissed.

Solicitor for the appellant: Ginette Kirouac, Ste‑Foy.

Solicitors for the respondent: Ouellette & Mannella, Montréal.