Quebec v. Girouard
Court headnote
Quebec v. Girouard Collection Supreme Court Judgments Date 1988-10-20 Report [1988] 2 SCR 254 Case number 19186 Judges McIntyre, William Rogers; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V. On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 19186 Decision Content quebec v. girouard, [1988] 2 S.C.R. 254 Jean Beauchesne Appellant v. The Attorney General of the province of Quebec Respondent and Judge Gérard Girouard and Mr. Justice Jacques Ducros Mis en cause indexed as: quebec (attorney general) v. girouard File No.: 19186. 1988: April 21; 1988: October 20. Present: McIntyre, Lamer, Wilson, Le Dain* and La Forest JJ. on appeal from the court of appeal for quebec Criminal law‑‑Preliminary inquiry‑‑Certiorari‑‑Accused brought to trial on lesser charges than the initial ones‑‑Magistrate's error made within the scope of his jurisdiction‑‑Writ of certiorari quashed. APPEAL from a judgment of the Quebec Court of Appeal (1984), 43 C.R. (3d) 92, affirming a judgment of the Superior Court authorizing a writ of certiorari to be issued. Appeal allowed. Daniel Rock and Michel Vleminckx, for the appellant. Claude Haccoun and Michel Denis, for the respondent. English version of the judgment delivered by 1. The Court‑‑We are all of the view that this appeal should be allowed. Assuming, without deciding the point, that the magistrate erred in the manner suggested, the error was made within the scope of his jurisdiction and as such cannot be a …
Full judgment (source text)
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Quebec v. Girouard Collection Supreme Court Judgments Date 1988-10-20 Report [1988] 2 SCR 254 Case number 19186 Judges McIntyre, William Rogers; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V. On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 19186 Decision Content quebec v. girouard, [1988] 2 S.C.R. 254 Jean Beauchesne Appellant v. The Attorney General of the province of Quebec Respondent and Judge Gérard Girouard and Mr. Justice Jacques Ducros Mis en cause indexed as: quebec (attorney general) v. girouard File No.: 19186. 1988: April 21; 1988: October 20. Present: McIntyre, Lamer, Wilson, Le Dain* and La Forest JJ. on appeal from the court of appeal for quebec Criminal law‑‑Preliminary inquiry‑‑Certiorari‑‑Accused brought to trial on lesser charges than the initial ones‑‑Magistrate's error made within the scope of his jurisdiction‑‑Writ of certiorari quashed. APPEAL from a judgment of the Quebec Court of Appeal (1984), 43 C.R. (3d) 92, affirming a judgment of the Superior Court authorizing a writ of certiorari to be issued. Appeal allowed. Daniel Rock and Michel Vleminckx, for the appellant. Claude Haccoun and Michel Denis, for the respondent. English version of the judgment delivered by 1. The Court‑‑We are all of the view that this appeal should be allowed. Assuming, without deciding the point, that the magistrate erred in the manner suggested, the error was made within the scope of his jurisdiction and as such cannot be a basis for the remedy of certiorari. The writ issued by the Superior Court judge is quashed for all legal purposes and the decision of the magistrate restored. Appeal allowed. Solicitors for the appellant: Duceppe, Beaudry & Associés, Montréal. Solicitor for the respondent: Claude Haccoun, Montréal. * Le Dain J. took no part in the judgment.
Source: decisions.scc-csc.ca
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