Hyperlawhypertext legal database Paquette v. The Queen [1979] 2 SCR 26

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Paquette v. The Queen

[1979] 2 SCR 26 Court SCC Decision date 1979-05-23 English

PartiesPeter Ambrose Paquette Appellant·Her Majesty The Queen Respondent

Counsel (4)
B.M. Barker, for the appellant.
L.J. Wenden, for the respondent.
Solicitor for the appellant: Burke M. Barker, Edmonton.
Solicitor for the respondent: L.J. Wenden, Edmonton.

Judges Laskin, Bora; Martland, Ronald; Ritchie, Roland Almon; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; Pratte, Yves; McIntyre, William Rogers

Delivered by Majority

On appeal from Alberta

Subjects Criminal law

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you in reply, Mr. Barker. We are all of the opinion that this appeal should be allowed, the judgment of the Alberta Appellate Division and the conviction set aside and a new trial ordered for second degree murder. The jury was entitled to have its question answered and dealt with in open Court and the accused had to be present. There is nothing in Meunier v. The Queen[1] which militates against the conclusions reached in this case.
Judgment accordingly.
Solicitor for the appellant: Burke M. Barker, Edmonton.
Solicitor for the respondent: L.J. Wenden, Edmonton.

Footnotes

  1. [1] (1965), 48 C.R. 14, aff’d [1966] S.C.R. 399.