R. v. Leduc, 1989 CanLII 59 (SCC), [1989] 1 SCR 1586
Daniel Leduc Appellant
v.
Her Majesty the Queen Respondent
Indexed as: R. v. Leduc
File No.: 20359.
1989: June 16.
Present: Lamer, L'Heureux‑Dubé, Sopinka, Gonthier and Cory JJ.
on appeal from the court of appeal for quebec
Criminal law ‑‑ Charter of Rights ‑‑ Legal rights ‑‑ Right to retain counsel ‑‑ Impaired driving ‑‑ Breath sample ‑‑ Whether evidence would bring administration of justice into disrepute ‑‑ Canadian Charter of Rights and Freedoms, ss. 10(b), 24(2).
APPEAL from a judgment of the Quebec Court of Appeal, 1987 CanLII 442 (QC CA), [1987] R.J.Q. 816, 7 Q.A.C. 143, 56 C.R. (3d) 270, dismissing an appeal from a judgment of the Superior Court setting aside the acquittals of the appellant on the charges of impaired driving and refusal to provide breath sample. Appeal allowed.
Norman Bonnin and Francine Larouche, for the appellant.
Serge Racine and Denis Racicot, for the respondent.
English version of the judgment of the Court delivered orally by
Lamer J. ‑‑ We are all of the view that this appeal should be allowed. Recent decisions of this Court show clearly that the rights of the accused under s. 10(b) of the Canadian Charter of Rights and Freedoms have been infringed. They also show clearly that the evidence should be excluded pursuant to s. 24(2) of the Charter.
The appeal is allowed, the convictions are set aside and the acquittals of the trial judge are restored.
Judgment accordingly.
Solicitors for the appellant: Jöelle St‑Germain, Shawinigan; Francine Larouche, Rouyn‑Noranda.
Solicitor for the respondent: Denis Racicot, Rouyn‑Noranda.