Quebec v. Girouard

[1988] 2 SCR 254 Court SCC Decision date 1988-10-20 Docket 19186 English

PartiesJean Beauchesne Appellant·The Attorney General of the province of Quebec Respondent·Judge Gérard Girouard and Mr. Justice Jacques Ducros Mis en cause

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

Delivered by Majority

On appeal from Quebec

Subjects Criminal law

English version of the judgment delivered by

1. The Court‑‑We are all of the view that this appeal should be allowed. Assuming, without deciding the point, that the magistrate erred in the manner suggested, the error was made within the scope of his jurisdiction and as such cannot be a basis for the remedy of certiorari. The writ issued by the Superior Court judge is quashed for all legal purposes and the decision of the magistrate restored.

Appeal allowed.

Solicitors for the appellant: Duceppe, Beaudry & Associés, Montréal.

Solicitor for the respondent: Claude Haccoun, Montréal.

Footnotes

[1] * Le Dain J. took no part in the judgment.