R. v. Labrecque, [1997] 3 S.C.R. 1001

Claude Labrecque Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Labrecque

File No.: 25651.

1997: November 7.

Present: L’Heureux‑Dubé, Gonthier, McLachlin, Iacobucci and Bastarache JJ.

on appeal from the court of appeal for quebec

Criminal law ‑‑ Evidence ‑‑ Prior inconsistent statements ‑‑ Sexual assault ‑‑ Child’s testimony at trial inconsistent with her prior statements ‑‑ Reliability of child’s prior statements ‑‑ Court of Appeal’s judgment affirmed.

APPEAL from a judgment of the Quebec Court of Appeal, 1996 CanLII 5636 (QC CA), [1996] R.J.Q. 2850, 112 C.C.C. (3d) 472 (sub nom. R. v. L. (C.)), [1996] Q.J. No. 3550 (QL) (sub nom. R. v. C.L.), setting aside the accused’s acquittal on a charge of sexual assault and ordering a new trial. Appeal dismissed.

Gervais Labrecque and Louise Plamondon, for the appellant.

Robert Parrot, for the respondent.

English version of the judgment of the Court delivered orally by

[1] L’Heureux‑Dubé J. ‑‑ This is an appeal as of right. We are all of the view that the appeal should be dismissed essentially for the reasons given by Madam Justice Rousseau-Houle, in which the Quebec Court of Appeal unanimously concurred. The appeal is therefore dismissed.

Judgment accordingly.

Solicitors for the appellant: Labrecque, Robitaille & Associés, Québec.

Solicitor for the respondent: Robert Parrot, Québec.