R. v. Gagné, [1989] 1 S.C.R. 1584

Her Majesty The Queen Appellant

v.

Sylvie Gagné Respondent

Indexed as: R. v. Gagné

File No.: 20442.

1989: June 15.

Present: Lamer, La Forest, Sopinka, Gonthier and Cory JJ.

on appeal from the court of appeal for quebec

Criminal law ‑‑ Obstructing a peace officer ‑‑ Transportation ‑‑ Peace officer ‑‑ Special constable ‑‑ Authority to arrest without warrant.

APPEAL from a judgment of the Quebec Court of Appeal, 1987 508 (QC CA), [1987] R.J.Q. 1008, dismissing an appeal from a judgment of the Superior Court acquitting respondent of obstructing a peace officer in the execution of his duties. Appeal dismissed.

Jean‑Pierre Bessette and Germain Tremblay, for the appellant.

François Boileau, for the respondent.

English version of the judgment of the Court delivered orally by

Lamer J. ‑‑ It will not be necessary to hear from you, Mr. Boileau, as we are ready to render judgment.

In view of the unusual situation the C.T.C.U.M. special constables were in, since the applicable legislation does not give them the authority to make an arrest without a warrant in the circumstances of this case, we all essentially agree with the Court of Appeal, and the appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Germain Tremblay and Jean‑Pierre Bessette, Montréal.

Solicitors for the respondent: Bastien, Spagnoli, Denault, Corte, Bourassa, Gobeil & Associates, Montréal.