R. v. Parisé, [1996] 3 S.C.R. 408
Anne-Marie Parisé Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Parisé
File No.: 24824.
1996: October 4.
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 new brunswick
Criminal law -- Fraud -- Welfare -- Sale of real property without informing social assistance authorities -- Trial judge finding conduct not creating risk of privation exceeding $1,000 and finding accused honestly believed circumstances had not changed so as to affect entitlement -- Essential element of mens rea negated -- Acquittal restored.
APPEAL from a judgment of the New Brunswick Court of Appeal (1995), 1995 CanLII 16749 (NB CA), 166 N.B.R. (2d) 202, allowing an appeal from acquittal by Creaghan J. (1994), 1994 CanLII 10228 (NB KB), 153 N.B.R. (2d) 72. Appeal allowed.
Anne Dugas-Horsman, for the appellant.
Luc J. Labonté, for the respondent.
//Sopinka J.//
The judgment of the Court was delivered orally by
Sopinka J. -- In light of the findings of fact of the trial judge (1994), 1994 CanLII 10228 (NB KB), 153 N.B.R. (2d) 72, which we accept, there was no evidence in this case upon which a court properly instructed could reasonably find that the appellant’s conduct had created a risk of deprivation of an amount in excess of $1,000.
We are satisfied that the trial judge accepted the evidence of the appellant that she honestly believed that her circumstances had not changed so as to affect her entitlement to income assistance. In view of this finding, an essential element of the mens rea for the offence was negated.
Accordingly, the trial judge did not err in law in acquitting the appellant, and the Court of Appeal (1995), 1995 CanLII 16749 (NB CA), 166 N.B.R. (2d) 202, was wrong to interfere.
The appeal is allowed, the judgment of the Court of Appeal is set aside and the acquittal is restored.
Judgment accordingly.
Solicitors for the appellant: Fowler & Fowler, Moncton.
Solicitor for the respondent: The Attorney General for New Brunswick, Fredericton.