R. v. Desfossés, [1991] 2 S.C.R. 207

Raymond Desfossés Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Desfossés

File No.: 21604.

1991: June 25.

Present: Lamer C.J. and Sopinka, Gonthier, Stevenson and Iacobucci JJ.

on appeal from the court of appeal for quebec

Criminal law -- Evidence -- Possession of another person's credit card -- Decision on voir dire disallowing evidence that credit card in another person's name found in appellant's residence -- Trial judge not erring on question of law alone -- Court of Appeal erring in allowing Crown's appeal.

APPEAL from a judgment of the Quebec Court of Appeal (1991), 35 Q.A.C. 77, allowing an appeal from an acquittal found by Langlois J. and ordering a new trial. Appeal allowed.

J. Arthur Cogan and Jack Waissman, for the appellant.

Jacques Lacoursière and Jacques Trudel, for the respondent.

//Lamer C.J.//

English version of the judgment of the Court delivered orally by

Lamer C.J. -- We are ready to render judgment forthwith.

We do not believe that the trial judge erred on a question of law alone. For this reason, the Court of Appeal should have dismissed the Crown's appeal.

We would therefore allow the appeal, quash the order of the Court of Appeal, and restore the acquittal entered at trial.

Judgment accordingly.

Solicitor for the appellant: Jack Waissman, Montréal.

Solicitor for the respondent: Jacques Lacoursière, Trois-Rivières.