R. v. Bois, [1994] 1 S.C.R. 357

Jacques Bois Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Bois

File No.: 23353.

1994: March 16.

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

on appeal from the court of appeal for quebec

Criminal law ‑‑ Sexual offences ‑‑ Trial judge commenting on lack of corroboration and concluding that test for indecent assault subjective ‑‑ Trial judge excluding psychologist's evidence ‑‑ Order for new trial upheld.

APPEAL from a judgment of the Quebec Court of Appeal, J.E. 92‑1675, 18 W.C.B. (2d) 117, allowing the Crown's appeal from the accused's acquittal on charges of indecent assault and sexual assault and ordering a new trial. Appeal dismissed.

Michel Croteau, for the appellant.

Anne Couture, for the respondent.

English version of the judgment of the Court delivered orally by

Lamer C.J. ‑‑ This is an appeal as of right.

We are all of the view, for the reasons given by Gendreau J.A. of the Quebec Court of Appeal, that this appeal should be dismissed. We note that at the new trial it will be up to the Crown to have the psychologist qualify as an expert witness so that her testimony will be admissible, still subject, of course, to any other exclusion of evidence rules that might apply to her testimony, depending on its nature.

The appeal is dismissed.

Judgment accordingly.

Solicitors for the appellant: Gaulin, Croteau & Associés, Québec.

Solicitor for the respondent: Anne Couture, Québec.