R. v. Leduc
Court headnote
R. v. Leduc Collection Supreme Court Judgments Date 1989-06-16 Report [1989] 1 SCR 1586 Case number 20359 Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 20359 Decision Content R. v. Leduc, [1989] 1 S.C.R. 1586 Daniel Leduc Appellant v. Her Majesty the Queen Respondent Indexed as: R. v. Leduc File No.: 20359. 1989: June 16. Present: Lamer, L'Heureux‑Dubé, Sopinka, Gonthier and Cory JJ. on appeal from the court of appeal for quebec Criminal law ‑‑ Charter of Rights ‑‑ Legal rights ‑‑ Right to retain counsel ‑‑ Impaired driving ‑‑ Breath sample ‑‑ Whether evidence would bring administration of justice into disrepute ‑‑ Canadian Charter of Rights and Freedoms, ss. 10 (b), 24(2) . APPEAL from a judgment of the Quebec Court of Appeal, [1987] R.J.Q. 816, 7 Q.A.C. 143, 56 C.R. (3d) 270, dismissing an appeal from a judgment of the Superior Court setting aside the acquittals of the appellant on the charges of impaired driving and refusal to provide breath sample. Appeal allowed. Norman Bonnin and Francine Larouche, for the appellant. Serge Racine and Denis Racicot, for the respondent. English version of the judgment of the Court delivered orally by Lamer J. ‑‑ We are all of the view that this appeal should be allowed. Recent decisions of this Court show clearly that the rights of the accused under s. 10 (b) of the Canadian Charter of Rights and Freedo…
Full judgment (source text)
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R. v. Leduc Collection Supreme Court Judgments Date 1989-06-16 Report [1989] 1 SCR 1586 Case number 20359 Judges Lamer, Antonio; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 20359 Decision Content R. v. Leduc, [1989] 1 S.C.R. 1586 Daniel Leduc Appellant v. Her Majesty the Queen Respondent Indexed as: R. v. Leduc File No.: 20359. 1989: June 16. Present: Lamer, L'Heureux‑Dubé, Sopinka, Gonthier and Cory JJ. on appeal from the court of appeal for quebec Criminal law ‑‑ Charter of Rights ‑‑ Legal rights ‑‑ Right to retain counsel ‑‑ Impaired driving ‑‑ Breath sample ‑‑ Whether evidence would bring administration of justice into disrepute ‑‑ Canadian Charter of Rights and Freedoms, ss. 10 (b), 24(2) . APPEAL from a judgment of the Quebec Court of Appeal, [1987] R.J.Q. 816, 7 Q.A.C. 143, 56 C.R. (3d) 270, dismissing an appeal from a judgment of the Superior Court setting aside the acquittals of the appellant on the charges of impaired driving and refusal to provide breath sample. Appeal allowed. Norman Bonnin and Francine Larouche, for the appellant. Serge Racine and Denis Racicot, for the respondent. English version of the judgment of the Court delivered orally by Lamer J. ‑‑ We are all of the view that this appeal should be allowed. Recent decisions of this Court show clearly that the rights of the accused under s. 10 (b) of the Canadian Charter of Rights and Freedoms have been infringed. They also show clearly that the evidence should be excluded pursuant to s. 24(2) of the Charter . The appeal is allowed, the convictions are set aside and the acquittals of the trial judge are restored. Judgment accordingly. Solicitors for the appellant: Jöelle St‑Germain, Shawinigan; Francine Larouche, Rouyn‑Noranda. Solicitor for the respondent: Denis Racicot, Rouyn‑Noranda.
Source: decisions.scc-csc.ca
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