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R. v. Montour

[1995] 2 SCR 416 Court SCC Decision date 1995-05-30 Docket 24343 English

PartiesTroy Sherwin Montour and Steven Benjamin Longboat Appellants·Her Majesty The Queen Respondent

Judges Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank; Major, John C.

Decision 4–1 Sopinka J. (4) · Iacobucci J. (1)

On appeal from New Brunswick

Subjects Constitutional law

Contents

Sopinka J.

Sopinka J. ‑‑ The appeal is allowed, the judgment of the New Brunswick Court of Appeal is set aside, and the acquittals entered at trial are restored. Mr. Justice Iacobucci will give the reasons of the Court.

Iacobucci J.

Iacobucci J. ‑‑ Although we may differ with the trial judge in his characterizing the Charter breach here as a serious one, in our view, the trial judge made proper findings of fact based on the evidence before him, and committed no error in stating and applying the governing principles of law. We therefore see no reason why the New Brunswick Court of Appeal intervened to reverse the decision of the trial judge.

Statutes and regulations cited