Present: Beetz, McIntyre, Lamer, Le Dain and La Forest JJ.
on appeal from the court of appeal for quebec
Criminal law ‑‑ Procedure ‑‑ Refusal to testify at preliminary hearing of another accused ‑‑ Charged with obstructing justice and committed ‑‑ Application for certiorari to set aside committal dismissed ‑‑ Criminal Code, R.S.C. 1970, c. C‑34, s. 472.
Statutes and Regulations Cited
Criminal Code, R.S.C. 1970, c. C‑34, s. 472.
APPEAL from a judgment of the Quebec Court of Appeal, [1984] C.A. 337, 15 C.C.C. (3d) 265, 41 C.R. (3d) 163, setting aside a judgment of the Superior Court1, which dismissed the respondent's application for certiorari. Appeal allowed.
1 Sup. Ct. Rouyn‑Noranda, No. 600‑01‑000020‑83, May 9, 1983.
Raynald Bordeleau and Jean‑François Dionne, for the appellant.
Francis Brabant, for the respondent.
English version of the judgment delivered orally by
1. The Court‑‑In view of the circumstances of the case at bar, and in particular the fact that the judge did not exercise the powers of committal conferred on him by s. 472 of the Criminal Code , the questions raised by the accused in the Court of Appeal did not arise.
2. The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment of the Superior Court dismissing the application for certiorari is restored.
3. Judgment accordingly.
Solicitor for the appellant: Raynald Bordeleau, Amos.
Solicitors for the respondent: Leithman, Goldenberg, Guberman & Girouard, Montréal.
Email this Content