R. v. Daigle, [1998] 1 S.C.R. 1220

Sébastien Daigle Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Daigle

File No.: 26168.

1998: June 25.

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

on appeal from the court of appeal for quebec

Criminal law ‑‑ Sexual assault ‑‑ Consent ‑‑ Victim under effect of drugs consumed unknowingly at time of assault ‑‑ Trial judge erroneously finding that victim gave valid consent ‑‑ Defence of honest but mistaken belief in consent inapplicable since accused had not taken reasonable steps to ascertain that victim was consenting.

APPEAL from a judgment of the Quebec Court of Appeal, [1997] Q.J. No. 2668 (QL), J.E. 97‑1597, setting aside the acquittal of the accused on a charge of sexual assault and substituting a conviction. Appeal dismissed.

Sophie Gauthier and Jean Petit, for the appellant.

Robert Parrot, for the respondent.

//L’Heureux-Dubé J.//

English version of the judgment of the Court delivered orally by

[1] L’Heureux‑Dubé J. ‑‑ We are ready to render judgment now.

[2] In spite of your very able representations in the circumstances Ms. Gauthier, we are all of the view that this appeal as of right should be dismissed for the unanimous reasons given by the Quebec Court of Appeal.

[3] We would simply add that the appellant could not rely on the defence of honest but mistaken belief since he had not taken reasonable steps to ascertain that the victim was consenting.

Judgment accordingly.

Solicitors for the appellant: Grenier, Linteau, Petit, Québec.

Solicitor for the respondent: The Attorney General’s Prosecutor, Québec.