Hyperlawhypertext legal database Bellerose v. A.G. of Quebec [1986] 1 SCR 55

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Bellerose v. A.G. of Quebec

[1986] 1 SCR 55 Court SCC Decision date 1986-02-26 Docket 17963 English

PartiesRené Bellerose, Michel Bellerose, Denise Bellerose Appellants·Attorney General of Quebec Respondent

Judges Beetz, Jean; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha; Le Dain, Gerald Eric; La Forest, Gérard V.

Decision 6–1 Majority (6) · Beetz J. (1)

On appeal from Quebec

Subjects Criminal law

Contents

Majority

English version of the judgment of the Court delivered orally by

Beetz J.

1. Beetz J.‑‑In light of Phillips and Phillips v. The Queen, [1983] 2 S.C.R. 161, and Khan v. The Queen, [1984] 2 S.C.R. 62, the trial judge lacked jurisdiction. The appeal is allowed, the judgments of the Court of Appeal and the trial court are set aside, the conviction of appellants is quashed and it is ordered that appellants be tried in accordance with the law.
2. Pursuant to s. 717 of the Criminal Code , it is ordered that no civil proceedings be taken against the judge of Sessions of the Peace in respect of the convictions in question.
Judgment accordingly.
Solicitors for the appellants: Généreux & Simard, Joliette.
Solicitor for the respondent: Maurice Parent, Joliette.

Cases cited

Statutes and regulations cited