Supreme Court of Canada
Dupuis v. The Queen, [1952] 2
S.C.R. 516
Date: 1952-12-15
Rene Dupuis Appellant;
and
Her Majesty The Queen Respondent.
1952: December 3, 4; 1952: December 15.
Present: Rinfret C.J. and Kerwin, Taschereau, Kellock and
Fauteux JJ.
ON APPEAL FROM THE COURT OF QUEEN'S BENCH, APPEAL SIDE,
PROVINCE OF QUEBEC
Criminal law—Illegal possession of
cigarettes—Admissibility of statement made by accused—Whether warning should
always be given.
APPEAL from the judgment of the Court of Queen's
Bench, appeal side, province of Quebec, quashing the appellant's acquittal and
ordering a new trial.
J. Guy Blanchette and J. L. Peloquin
for the appellant.
Roland Dugré Q.C.
and Benoit Turmel for the respondent.
The Court:—We
agree with the members of the Court of King's Bench (Appeal Side) all of whom
decided that the trial judge came to the conclusion that the statement made by
the appellant at Richmond was not free or voluntary because he, the trial
judge, considered that irrespective of all the circumstances it was necessary
that the appellant should have been previously warned. This is contrary to the
law as laid down by this Court in Boudreau v. The King
and, therefore, there was a right of appeal by the Crown from the acquittal.
On the basis of the evidence on the voir dire that appears
in the record, there is nothing to indicate what the trial judge would have
done as to the admissibility of the statement if he had not misdirected
himself. The appeal should therefore be dismissed so that a new trial may be
had.
Appeal dismissed.
Solicitor for the appellant: J. G. Blanchette.
Solicitors for the respondent: R. Dugré and B. Turmel.
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