R. v. N. (C.), [1992] 3 S.C.R. 471

Her Majesty The Queen Appellant

v.

C.N. Respondent

Indexed as: R. v. N. (C.)

File No.: 22450.

1992: November 13.

Present: L'Heureux‑Dubé, Gonthier, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for quebec

Criminal law ‑‑ Procedure ‑‑ Irregularity ‑‑ Formal accusation omitted on both the first trial and on the second trial ordered on appeal ‑‑ Application of s. 686(1)(b)(iv) of Criminal Code ‑‑ Criminal Code, R.S.C., 1985, c. C‑46, s. 686(1)(b)(iv).

Statutes and Regulations Cited

Criminal Code, R.S.C., 1985, c. C‑46, s. 686(1)(b)(iv).

APPEAL from a judgment of the Quebec Court of Appeal, 1991 CanLII 3718 (QC CA), [1991] R.L. 430, allowing an appeal from, and ordering a stay of proceedings, conviction by Carrier J. in a new trial ordered by the Court of Appeal on its allowing an appeal from an acquittal by Sirois J.C.S.P. Appeal allowed.

Serge Sévigny and Michel Ayotte, for the appellant.

Jean Petit, for the respondent.

//Iacobucci J.//

English version of the judgment of the Court delivered orally by

Iacobucci J. ‑‑ We are all of the opinion that this appeal brought as of right should be allowed and we substantially adopt the reasons of Brossard J.A. of the Quebec Court of Appeal. The procedural errors made in this case are irregularities covered by s. 686(1)(b)(iv) of the Criminal Code. Accordingly, the appeal is allowed, the judgment of the Quebec Court of Appeal is set aside, and the verdict of guilty entered by the trial judge is restored.

Judgment accordingly.

Solicitor for the appellant: Serge Sévigny, Thetford Mines.

Solicitor for the respondent: Jean Petit, Québec.