Supreme Court of Canada
Thériault v. The Queen, [1977] 2 S.C.R. 520
Date: 1977-05-18
Jérôme Thériault and Hermel Plourde Appellants;
and
Her Majesty The Queen Respondent.
1977: May 18.
Present: Laskin C.J. and Martland, Judson, Ritchie, Spence, Pigeon, Dickson, Beetz and de Grandpré JJ.
ON APPEAL FROM THE SUPREME COURT OF NEW BRUNSWICK, APPEAL DIVISION
Criminal law—Conspiracy—Charge to the jury—Substantial errors in charge—New trial ordered.
APPEAL from a judgment of the Supreme Court of New Brunswick, Appeal Division, affirming a conviction by Chaiker Abbis Co. Ct. J. sitting with a jury. Appeal allowed.
Jean-Claude Angers and Gilles C. Thibodeau, for the appellants.
A.R. Picard, for the respondent.
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—We are all of the opinion that there must be a new trial in this case. We are concerned about the clarity of the indictment, but that is a matter for Crown counsel to consider. The appeal is accordingly allowed, the judgments below are set aside, and a new trial directed.
Appeal allowed, new trial ordered.
Solicitors for the appellants: Rice & Angers, Edmunston.
Solicitor for the respondent: André Picard, Edmundston.
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