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R. v. Bourgeois

2017 SCC 49 [2017] 2 SCR 287 Court SCC Decision date 2017-10-16 Heard 2017-10-13 Docket 37461 English

PartiesHer Majesty The Queen Respondent

Counsel (2)
Solicitors for the appellant: Ruttan Bates, Calgary.
Solicitor for the respondent: Attorney General of Alberta, Calgary.

Judges Moldaver, Michael J.; Gascon, Clément; Côté, Suzanne; Brown, Russell; Rowe, Malcolm

Delivered by Moldaver J. (Gascon, Côté, Brown and Rowe JJ. concurring)

On appeal from Alberta

Contents

Reasons for Judgment — Moldaver J. (Gascon, Côté, Brown and Rowe JJ. concurring)

Moldaver J. — This appeal comes to us as of right from the Court of Appeal of Alberta. A majority of the court concluded that there was no basis for overturning the appellant’s conviction for sexual assault. Justice Berger, dissenting, held that the verdict was unreasonable pursuant to s. 686(1) (a)(i) of the Criminal Code , R.S.C. 1985, c. C-46 . We are not persuaded that the trial judge reached his decision by an illogical or irrational reasoning process; nor are we persuaded that his verdict was unreasonable within the meaning of s. 686(1)(a)(i). As a result, we would dismiss the appeal.

Statutes and regulations cited