R. v. Pouliot, [1993] 1 S.C.R. 456

Mario Pouliot Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Pouliot

File No.: 22960.

1993: February 1.

Present: Lamer C.J. and L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin and Iacobucci JJ.

on appeal from the court of appeal for quebec

Criminal law ‑‑ Trial ‑‑ Charge to jury ‑‑ Comments on closing addresses of counsel ‑‑ Beginning of trial judge's charge to jury amounting to a reply to defence counsel's closing address ‑‑ Miscarriage of justice ‑‑ New trial ordered ‑‑ Criminal Code, R.S.C., 1985, c. C‑46, s. 686(1)(a)(iii).

Statutes and Regulations Cited

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

APPEAL from a judgment of the Quebec Court of Appeal (1992), 1992 2963 (QC CA), 47 Q.A.C. 1, 74 C.C.C. (3d) 428, dismissing the accused's appeal from his conviction on charges of first degree murder. Appeal allowed and new trial ordered, L'Heureux‑Dubé and Gonthier JJ. dissenting.

Pierre Girard, for the appellant.

Michel Ayotte and Pierre Proulx, for the respondent.

//Lamer C.J.//

English version of the judgment of the Court delivered orally by

Lamer C.J. ‑‑ In view of the outcome of the appeal, it will not be necessary to decide on the motion for an extension of time and for leave to appeal on an additional ground of law, the motion being no longer applicable.

A majority of us are of the view that there was a violation of s. 686(1)(a)(iii) and that this appeal should accordingly be allowed primarily for the reasons given by Fish J.A. in the Court of Appeal. L'Heureux-Dubé and Gonthier JJ., dissenting, would dismiss the appeal for the reasons given by Nichols J.A. in the Court of Appeal.

The appeal is allowed and a new trial ordered.

Judgment accordingly.

Solicitors for the appellant: Spagnoli, Denault, Corte, Gobeil, Bourassa & Côté, Montréal.

Solicitor for the respondent: Michel Ayotte, Sherbrooke.