R. v. Rémillard, [2004] 2 S.C.R. 246, 2004 SCC 41

Pierre Rémillard Appellant

v.

Her Majesty The Queen Respondent

Indexed as: R. v. Rémillard

Neutral citation: 2004 SCC 41.

File No.: 29833.

2004: June 18.

Present: McLachlin C.J. and Bastarache, Binnie, LeBel and Deschamps JJ.

on appeal from the court of appeal for quebec

Criminal law — Evidence — Admissibility — Sexual offences — Whether accused’s statements admissible.

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, s. 24(2).

APPEAL from a judgment of the Quebec Court of Appeal, [2003] Q.J. No. 7582 (QL), allowing the Crown’s appeal from the accused’s acquittal and ordering a new trial. Appeal dismissed.

Patrick Cozannet, for the appellant.

Carole Lebeuf and Mario Longpré, for the respondent.

English version of the judgment of the Court delivered orally by

[1] The Chief Justice — We are all of the opinion that the appeal should be dismissed. The way the trial judge worded his reason for concluding that the appellant’s statement was inadmissible shows that he confused the evidentiary rule relating to the admissibility of free and voluntary statements with the test for exclusion under s. 24(2) of the Canadian Charter of Rights and Freedoms. In so doing, he made an error in law that justifies the intervention of the Court of Appeal. The judgment of the Court of Appeal ordering a new trial is upheld.

Judgment accordingly.

Solicitor for the appellant: Patrick Cozannet, St-Lambert, Quebec.

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