R. v. Bernier, [1998] 1 S.C.R. 975

Jacques Bernier Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Bernier

File No.: 26219.

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

[1] L’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.

[2] The appeal is accordingly dismissed.

Judgment accordingly.

Solicitors for the appellant: Girard, Allard & Associés, Chicoutimi.

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