r. v. mankwe, [2001] 3 S.C.R. 3, 2001 SCC 63

Clément Mukoko Mbaka Mankwe Appellant

v.

Her Majesty The Queen Respondent

and

African Canadian Legal Clinic and

Minority Advocacy and Rights Council Interveners

Indexed as: R. v. Mankwe

Neutral citation: 2001 SCC 63.

File No.: 27791.

2001: October 2.

Present: McLachlin C.J. and L’Heureux-Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ.

on appeal from the court of appeal for quebec

Criminal law – Trial – Selection of jury – Challenge for cause – Racial prejudice.

APPEAL from a judgment of the Quebec Court of Appeal rendered January 11, 2000, upholding the trial judge’s dismissal of the accused’s motion to challenge for cause (1997), 1997 26247 (QC CS), 12 C.R. (5th) 273, [1997] Q.J. No. 4058 (QL). Appeal allowed and new trial ordered.

Pascal Lescarbeau and Gabriela Vragovic, for the appellant.

Stella Gabbino and Manon Ouimet, for the respondent.

Marie Chen and Sheena Scott, for the interveners.

English version of the judgment of the Court delivered orally by

[1] The Chief Justice – In view of the Crown’s concession with respect to the first grounds of appeal, we would all allow the appeal and order a new trial on the charges as laid against the accused.

Judgment accordingly.

Solicitor for the appellant: Pascal Lescarbeau, Montréal.

Solicitor for the respondent: The Attorney General of Quebec, Montréal.

Solicitor for the interveners: The African Canadian Legal Clinic, Toronto.