Present:
Beetz, Lamer, Le Dain, La Forest and L'Heureux‑Dubé JJ.
on appeal from the court of appeal for quebec
Criminal
law ‑‑ Charge to the jury ‑‑ Prior inconsistent
statements ‑‑ Whether trial judge's directions to the jury
sufficient.
Appeal
‑‑ Appeal as of right ‑‑ Cross‑appeal ‑‑
Supreme Court Rules, s. 29.
Statutes
and Regulations Cited
Supreme Court Rules, SOR/83‑74,
s. 29.
APPEAL
from a judgment of the Quebec Court of Appeal, [1986] R.J.Q. 1586, allowing the
accused's appeal against a conviction on a charge of conspiracy and mischief.
Appeal dismissed.
Jacques
Casgrain, for the appellant.
Guy
Bertrand and Isabelle Hudon, for the respondent.
English
version of the judgment of the Court delivered orally by
1. Beetz J.‑‑My
brother Justice Lamer will deliver the Court's judgment.
2. Lamer J.‑‑With
respect to Mr. Bertrand's two motions based on s. 29 of the Supreme Court
Rules for an extension of time and a cross‑appeal, we do not need to
hear you Mr. Casgrain. We are all of the view that they must be dismissed.
3. We
do not need to hear you on the merits Mr. Bertrand.
4. The
Court was not shown that the Court of Appeal erred in law when it found that
the trial judge's directions to the jury were not sufficient in the case at
bar. We are all of the view that the appeal should be dismissed.
Judgment
accordingly.
Solicitor
for the appellant: Jacques Casgrain, Québec.
Solicitors
for the respondent: Tremblay, Bertrand, Bois, Mignault, Duperrey & Lemay,
Ste‑Foy.
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