R. v. Rémillard
Court headnote
R. v. Rémillard Collection Supreme Court Judgments Date 2004-06-18 Neutral citation 2004 SCC 41 Report [2004] 2 SCR 246 Case number 29833 Judges McLachlin, Beverley; Bastarache, Michel; Binnie, William Ian Corneil; LeBel, Louis; Deschamps, Marie On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 29833 Decision Content 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 e…
Full judgment (source text)
Mirrored from decisions.scc-csc.ca — the linked original is authoritative.
R. v. Rémillard Collection Supreme Court Judgments Date 2004-06-18 Neutral citation 2004 SCC 41 Report [2004] 2 SCR 246 Case number 29833 Judges McLachlin, Beverley; Bastarache, Michel; Binnie, William Ian Corneil; LeBel, Louis; Deschamps, Marie On appeal from Quebec Subjects Criminal law Notes SCC Case Information: 29833 Decision Content 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.
Source: decisions.scc-csc.ca
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