R. v. Bernier, 1998 CanLII 830 (SCC), [1998] 1 SCR 975
Jacques Bernier Appellant
v.
Her Majesty The Queen Respondent
Indexed as: R. v. Bernier
1998: May 26.
Present: L’Heureux‑Dubé, Gonthier, McLachlin, Bastarache and Binnie JJ.
on appeal from the court of appeal for quebec
Criminal law ‑‑ Sexual assault ‑‑ Touching of mentally handicapped persons ‑‑ Consent ‑‑ Convictions entered by Court of Appeal upheld.
Statutes and Regulations Cited
Criminal Code, R.S.C., 1985, c. C‑46, s. 273.1 [ad. 1992, c. 38, s. 1].
APPEAL from a judgment of the Quebec Court of Appeal, 1997 CanLII 9937 (QC CA), [1997] R.J.Q. 2404, 119 C.C.C. (3d) 467, [1997] Q.J. No. 2889 (QL), allowing the Crown’s appeal and finding the accused guilty of sexual assault. Appeal dismissed.
Luc Tourangeau and Pascale Tremblay, for the appellant.
Paul Roy, for the respondent.
English version of the judgment of the Court delivered orally by
1L’Heureux‑Dubé J. ‑‑ We are all of the view that the appeal should be dismissed. Even though s. 273.1 of the Criminal Code was not in force at the time of the alleged acts, the appellant must be convicted based on the evidence in this case.
2The appeal is accordingly dismissed.
Judgment accordingly.
Solicitors for the appellant: Girard, Allard & Associés, Chicoutimi.
Solicitor for the respondent: The Attorney General’s Prosecutor, Chicoutimi.