Quebec (Attorney General) v. Transport G. Courchesne Inc., [1992] 1 S.C.R. 621

The Attorney General of Quebec Appellant

v.

Transport G. Courchesne Inc. Respondent

Indexed as: Quebec (Attorney General) v. Transport G. Courchesne Inc.

File No.: 22242.

1992: February 28.

Presents: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Stevenson and Iacobucci JJ.

on appeal from the court of appeal for quebec

Criminal law ‑‑ Violation of Quebec Highway Safety Code ‑‑ Vehicle found to be carrying excess load when weighed ‑‑ Approved scale ‑‑ Proof.

APPEAL from a judgment of the Quebec Court of Appeal, J.E. 90‑1556, dismissing the Crown's appeal from a judgment of the Superior Court[^1] upholding the respondent's acquittal by the Court of Quebec[^2]. Appeal allowed.

Claude LaRochelle and Jacques Gauvin, for the appellant.

Gilles Lafrenière, for the respondent.

//Lamer C.J.//

English version of the judgment of the Court delivered orally by

Lamer C.J. ‑‑ We are all of the view that the appeal should be allowed for the reasons set out by Mr. Justice LeBel of the Court of Appeal in his dissenting reasons.

The appeal is therefore allowed; the decision of the Court of Appeal is set aside as well as the judgments of the Superior Court and of the Court of Quebec and a new trial is ordered.

As determined when leave to appeal was granted, the respondent is entitled to costs in the application for leave to appeal and in the appeal on a party and party basis.

Judgment accordingly.

Solicitor for the appellant: Claude LaRochelle, Ste‑Foy.

Solicitors for the respondent: Clair, Laplante & Associés, Drummondville.

[^1]: Sup. Ct. Saint‑Hyacinthe, No. 750‑36‑000024‑889, January 13, 1989.

[^2]: C.Q. Saint‑Hyacinthe, No. 750‑27‑000345‑887, October 7, 1988.