Majority
English version of the judgment of the Court delivered orally by
BEETZ J.
BEETZ J.—It will not be necessary to hear you Mr. Bélanger.
We are all of the view that these appeals should be dismissed.
In agreement with the reasons of LeBel J.A., we are of the view that the trial judge erred in law in considering that the judgment Oliver v. The Queen, [1981] 2 S.C.R. 240, had established binding standards which he had to follow.
Moreover, we are in agreement with the reasons of Vallerand J.A. when he said: [TRANSLATION] "The trial judge based his decision on the existence of a reasonable doubt with regard to essential facts though, in the course of the trial, he had indicated he was satisfied by the proof of the same facts and as against the Crown, had decisively put an end to it."
The appeals are dismissed.
Judgment accordingly.
Solicitors for the appellants: Jean Gobeil, Montréal; Pierre Dugré, Shawinigan.
Solicitor for the respondent: Frank lacobucci, Ottawa.
Cases cited
- Oliver et al. v. The Queen item-5588-1981-10-20